ndialani
10-15 04:04 PM
Hi Rubaru,
congrats!
Did you wait for 6 months after opening the first SR?
I got that reply letter from USCIS.
Hi All,
I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.
I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.
Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)
Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.
Anyway,happy that it finally got approved .I am waiting on my wife's approval thought
congrats!
Did you wait for 6 months after opening the first SR?
I got that reply letter from USCIS.
Hi All,
I received the CPO email yesterday.My case details are PD : Dec 2004, 485 RD : Aug 6th 2007(I140 Filed concurrently),EB2 India.140 was approved on Tuesday.
I140 was pending from 2007.When my attorney followed up in feb this year,USCIS gave the standard reply of waiting for 6months.After that they said,they will update in 10 days.They didn't update even after that and then i moved it to premium processing on Sept 28th.
Took 2 info passes in Septembter(regd i140 mainly).First one was not of much help though the officer told my 485 is assigned to IO on Sept 8th.Second time it was different officer and she was very helpful.Tried looking why my 140 is getting delayed but she said ,if she opens my file then 485 file will go back to review queue as it is currently being reviewed by Sept 18th.So she didn't recommend doing that.I didn't open any SR after my first experience of 6 months waiting(without an result!!!)
Before 485 approval day(i.e Tuesday) i called IO TSC Center but he doesn't know anything when i mentioned that my PD is Dec 2004 & that my case is current from last month.,he told my PD is the RD of 485.I thought no point in arguing with him and hung up.After that i was preparing to send mails to Senator but got the approval before that.
Anyway,happy that it finally got approved .I am waiting on my wife's approval thought
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gc28262
08-21 12:11 PM
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katrina
05-10 02:49 PM
My wife is on F1 visa and I am hoping the dates will move soon and we will be able to file 485. I would like to know if
>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
>she can file 485 by being in F1 ?
If you are under H1b and she is applying for 485 together with you then answer is yes she can.
>Once she files being in F1, can she still continue to be on F1 and travel in and out of US on F1?
No because F1 is for non immigrant as F1 you show that you have no intention to move to US but once your file your I-485 you show an intention to move and stay in US therefore F1 is no longer valid.
>What will be her status when she starts using EAD if she filed being in F1?
Once she filed 485 she will be waiting for her status to be Permanent resident.
her F1 is no longer valid. She can work using her EAD but if I485 got reject she will be automatically out of status and has to go out from US.
I'm not a lawyer what I've told and writte has to be confirm with your attorney.
Also Please see below answer by Attorney Murthy:
Hello. My wife is studying on F-1 visa and I filed I-485 for her. (I have a valid H1B.) Can we now change from AOS to CP? Will this in any way affect her status or mine?
Attorney Murthy : A person on F-1 is no longer considered on F-1 status once she files the I-485 papers, unlike the person on an H1B who is legally allowed to maintain both statuses. So, if a person who only had F-1 status switches to CP, then the spouse has to switch to H-4 status in the U.S. immediately. Otherwise, she is considered out of status in the U.S. if the USCIS agrees to cancel the I-485 and convert the case to CP.
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justAnotherFile
08-17 03:06 PM
Here's the trail of events this month for us
Aug 3 Opened SR
Aug 4 Called 2nd Level Customer Service
Aug 5 Online Status Shows Approved
Aug 14 Approval Notice
Aug 16 Green Cards received
End of a loooonnnng chapter and onto next. Best of Luck for all those current and still awaiting approval. Keep following up through all channels and do not give up.
The cards came in a non-descript envelope that also had a 'Welcome to America' pamphlet. The pamphlet describes where to get information on community services, shopping, housing and jobs!!!! What an irony!
Aug 3 Opened SR
Aug 4 Called 2nd Level Customer Service
Aug 5 Online Status Shows Approved
Aug 14 Approval Notice
Aug 16 Green Cards received
End of a loooonnnng chapter and onto next. Best of Luck for all those current and still awaiting approval. Keep following up through all channels and do not give up.
The cards came in a non-descript envelope that also had a 'Welcome to America' pamphlet. The pamphlet describes where to get information on community services, shopping, housing and jobs!!!! What an irony!
more...
guest_mister_08
08-16 03:44 PM
I got CPO email on 08/12/2010, after that there is no status change online. Will there be any status change online? or just wait for 485 Approval Notice by mail
gcgreen
08-07 01:42 PM
Actually, many of the ROW folks here do want this. They are being selfless, because it is the RIGHT thing to do.
Read your post again, we are already divided. Why would ROW candidate want to eleminate country quota and let you be in front of him...
Read your post again, we are already divided. Why would ROW candidate want to eleminate country quota and let you be in front of him...
more...
singhv_1980
02-12 10:52 AM
I am also stuck in PIMS.. here are my details
H1 renewal and change of employer
H1 approved in March 2007
Service center: WAC
Visa appointment on Feb 11 at mumbai
Documents submitted to VFS on Jan 28
On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO
IO: so you are working for xyz company.
me: yes
IO: what are you doing for them
me: explained my role and skills
IO: are you working inhouse or at client place
me: gave client name and details
IO: till which date you are going to work for this client
me: gave details
IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
me: I have a return ticket on so and so date...... can I expect before that.
IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.
he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper
"when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."
though he selected this option, he specifically wrote PIMS on my form.
Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.
Thanks for sharing your experience. Hope you will get your PP soon.
Good Luck!
H1 renewal and change of employer
H1 approved in March 2007
Service center: WAC
Visa appointment on Feb 11 at mumbai
Documents submitted to VFS on Jan 28
On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO
IO: so you are working for xyz company.
me: yes
IO: what are you doing for them
me: explained my role and skills
IO: are you working inhouse or at client place
me: gave client name and details
IO: till which date you are going to work for this client
me: gave details
IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
me: I have a return ticket on so and so date...... can I expect before that.
IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.
he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper
"when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."
though he selected this option, he specifically wrote PIMS on my form.
Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.
Thanks for sharing your experience. Hope you will get your PP soon.
Good Luck!
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eb3_nepa
07-11 10:11 AM
I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.
Keeping mum now are we, eh?:rolleyes:
Yes I was the one who suggested the dead fish. I belive in RESULTS, if sending these flowers actually ACHIEVES something, I will make a nice big biscuit of my words and eat them :).
Until we see ACTUAL "POSITIVE" RESULTS I am still going to be skeptical. Sure we have made a lot of noise and it has been heard by a lot of miscallaneous people. So were the rallies held by the illegals. What happened? NOTHING! So until I see some results YES I will STILL be skeptical.
Other than that, I really really really hope for everyone's sake, that this works and if it does I will eat my words and become a believer:)
So much for being mum eh ;)
Keeping mum now are we, eh?:rolleyes:
Yes I was the one who suggested the dead fish. I belive in RESULTS, if sending these flowers actually ACHIEVES something, I will make a nice big biscuit of my words and eat them :).
Until we see ACTUAL "POSITIVE" RESULTS I am still going to be skeptical. Sure we have made a lot of noise and it has been heard by a lot of miscallaneous people. So were the rallies held by the illegals. What happened? NOTHING! So until I see some results YES I will STILL be skeptical.
Other than that, I really really really hope for everyone's sake, that this works and if it does I will eat my words and become a believer:)
So much for being mum eh ;)
more...
gc4me
05-25 08:41 AM
Can someone please answer this.
Nonimmigrant Visa Number: is this the contraol number of H1B stamping?
From first stamping or last one?
My last one I got from state department by mail. The 'psot' is mentioned as 'DEPARTMENT'. So if the control# from the last visa, then
'Consulate Where Visa Was Issued' will be what? Department?
Reply pls.
Nonimmigrant Visa Number: is this the contraol number of H1B stamping?
From first stamping or last one?
My last one I got from state department by mail. The 'psot' is mentioned as 'DEPARTMENT'. So if the control# from the last visa, then
'Consulate Where Visa Was Issued' will be what? Department?
Reply pls.
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pappu
08-07 03:52 PM
First let me state that I need people like you to proceed and hence I will be happy to answer the points you rasied to the best of my ability:
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. Rollingflood on the other hand does not share those qualities with you well. We will not close the thread as long as the discussion remains civil.
While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of chargeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.
Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.
There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.
We all agree that there is severe backlog. Only way the backlog will alleviate is by increasing visa numbers, which not going to happen any time sooner.
So some people (and I know around 10 of them) what they are doing is the following:
They got the chance to file their 485 last July , which is pending. They are now contacting several small desi consulting firms to file for their fresh labor in EB2 category. Once their labor is filled and new I-140 is approved, they plan to attach new I-140 to the original 485 and hence effectively convering to Eb2 category but with priority dates in 2002 and 2003 (because original I-140 had that priority). Worst, they would never join that desi consulting firm...
This how the system is being gamed. If I know 10 such cases, I am sure there must be thousand like that.Now you tell me , isn't that unfair to the people already in Eb2 line as well as the ones who do not know how to game the system
By the way: If any one is interested, I know of three such consulting firms that can do for you for a fee.
First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. Rollingflood on the other hand does not share those qualities with you well. We will not close the thread as long as the discussion remains civil.
While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of chargeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.
Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.
There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.
more...
inderman
10-16 02:24 PM
I agree with you pappu... That's the point i was trying to make as well.
If this information exists in their system, and if all IO's make it transparent to the caller in the first call itself, i am sure the call volume will drop to atleast one tenth of what it is currently... and subsequently, the congressman requests, ombudsman requests will also reduce which inturn WOULD MEAN THAT THEY GET TO FOCUS MORE ON THE CASES AND IMPROVE THEIR PRODUCTIVITY AS WELL AS COMPETENCE!!!
If this information exists in their system, and if all IO's make it transparent to the caller in the first call itself, i am sure the call volume will drop to atleast one tenth of what it is currently... and subsequently, the congressman requests, ombudsman requests will also reduce which inturn WOULD MEAN THAT THEY GET TO FOCUS MORE ON THE CASES AND IMPROVE THEIR PRODUCTIVITY AS WELL AS COMPETENCE!!!
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gc_buddy
09-23 07:33 PM
But, woudn't the 75% of 140K quota for next two years be consumed by ROW applicants who are about to apply. Becoz they are current wouldn't the VISA number go to them..
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
Even if we add the flow of application from 'Current' categoreis, your statement still holds true.
All the above calculations I guess are assuming that the entire 140K will be given the pending 485 application..May be I am missing something.
Even if we add the flow of application from 'Current' categoreis, your statement still holds true.
more...
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indio0617
05-15 11:15 PM
Hi,
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
/\/\ Bump /\/\ Anyone ?
Can anyone share their expert views on this scenario.
Say, I have approved I-140 (current PD) from employer A (never worked with). Work with employer B in a different. Now if employer A applies for I-485 and after it is pending for 6 months, Can I invoke AC21 to continue the GC process while still with employer B ?
Also is it possible to have 2 separate I-485 filed from different employers.
I have heard the above is possible. But, I am curious as to how AC21 is interpreted. Isn't AC21 essentially an instrument to change jobs without hampering the GC process. In this case since one is not 'really switching jobs' how will this be treated or possible ?
Thank You.
/\/\ Bump /\/\ Anyone ?
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Lasantha
05-15 12:33 PM
Thanks for the reply..Sanju.
Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?
Do you need to change H1-B ???
Thanks
Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.
Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?
Do you need to change H1-B ???
Thanks
Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.
more...
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Honda
09-23 11:47 PM
No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(
Exactly you are right. Right now they are concentrating on EB2 only. Once the EB2 becomes Current all the visas are rollover to EB3.
Exactly you are right. Right now they are concentrating on EB2 only. Once the EB2 becomes Current all the visas are rollover to EB3.
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coolman
08-19 07:58 PM
Got our green cards today after receiving decision emails on Aug 10th.
more...
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SunnySurya
08-07 02:17 PM
Of course you can do leagally, the GC is for the fututre job. We were able to do away with labor sub and we can do the same here.
Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..
Though, it is unfair one can not do legally, as long as USCIS recoconoze the the job offered at desi consulting companies are genuine and real "fulltime permanant job". They may be gaming the system..it is their model of bussiness to make money..and it is well supported by lawyers, lobbyists and ofcourse benefit seeking employees. You cant break this strong wall before the uscis. You should have witnessed how much resistance they created when DOL/USCIS abolished labor subsitution. In nut shell, if you close one loophole, they will find another. You are in wrong forum..
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CADude
10-11 04:05 PM
Wakeup guys/gals, work for FIFO otherwise your wait will be 2 days to 100 days on RIRO process.
Please participate in tomorrow teleconference with CIS Ombudsman’s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
Please participate in tomorrow teleconference with CIS Ombudsman’s office. This will be last chance to force and allow FIFO Don't let miss this Golden opportunity.
Details provided in many tread.
July VB Fiasco I-485 Receipting Delays
The USCIS has yet to release the detailed progress report on the receipting delays in terms of the numbers that have yet to be processed for receipting. The only thing people know through various private websites just indicates that there are a plenty of people who are still waiting for filing fee checks cashed or receipt notices received for the cases which were filed as early as July 2, 2007, not to mention any later cases.
We reported earlier that the USCIS had allegedly received total of 800,000 cases for the July VB fiasco cases. There is an unconfirmed report that they have completed the receipting only half way through of the total, meaning approximately 400,000. There are no sources of information to verify or confirm the figures. However, if it is correct, the USCIS has yet to process mountains of receipting workloads ahead and the filers have some additional sleepless nights which they will have to endure for a while. AMEN!
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reddymjm
08-07 10:21 AM
Any way this will fail. Lets see at what point it fails...
jungalee43
09-14 05:20 PM
Following is my draft. Any and all suggestions welcome.
I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -
Dear Member of Congress:
Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by
enacting H.R. 5882, a modest, bipartisan bill that would simply “recapture” employment-based
immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due
to government processing delays. H.R. 5882 is a common sense measure that should be enacted
without delay this year.
H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim
Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.
What is H.R. 5882?
By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily.
H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card.
In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.
What H.R. 5882 is not?
H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US.
It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress.
It does not take jobs away from US, rather helps keep the job in US.
It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.
All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.
I request you to support the passage of the bill through US congress.
I still need a link to the testimony of USCIS director confirming wastage of green cards. I would greatly appreciate if someone compiles list of e-mail addresses of judiciary committee members. Please note I would be making calls myself. E-mail is only for colleauges as I can't ask for their time on telephone calls. Here is my dreaft: -
Dear Member of Congress:
Congress has an opportunity before it adjourns to help advance U.S. innovation leadership by
enacting H.R. 5882, a modest, bipartisan bill that would simply “recapture” employment-based
immigrant visas numbers that Congress authorized in prior fiscal years, but that went unused due
to government processing delays. H.R. 5882 is a common sense measure that should be enacted
without delay this year.
H.R. 5882, which Representative Zoe Lofgren introduced with Representative Jim
Sensenbrenner, would help reduce visa backlogs by recapturing Congressionally authorized EB green cards from prior fiscal years that went unused due to bureaucratic delays.
What is H.R. 5882?
By recapturing unused green cards H.R. 5882 would address the issues of justice, equality, fairness and efficiency; at least temporarily.
H.R. 5882 addresses a very important issue of discrimination of high skilled immigrants in the US immigration system on the basis of their country of birth. As per the current law the quota of employment based green card is equally distributed to applicants on the basis of their country of birth. No single country can take more than 7% of the annual quota of 140,000 green cards. Thus the applicants born in two countries India and China, who contribute more than 50% of the high skilled immigrants, have to wait lot longer than applicants born in other country. Simply put an applicant born in XYZ country gets green card in six months and applicants born in India or China with exact same skill sets & exact same contribution to US economy has to wait for years and years indefinitely for his/her green card.
In addition to this, due to bureaucratic delays, a lot of green cards go unused from the annual quota of 140,000 every year resulting in processing backlog stretching up to decades.
What H.R. 5882 is not?
H.R. 5882 is not an amnesty. It does not legalize any illegal immigrant. It does not provide any waiver to any unlawful stay or unlawful activity in the US.
It does not increase congressionally authorized immigration limits. It does not authorize even one extra green card than what is authorized by congress.
It does not take jobs away from US, rather helps keep the job in US.
It is very important to note that the overflow of visa numbers in the family based immigration system is transferred to employment based system but NEVER vice versa.
All the high skilled immigrants who are in green card limbo are in this country for many years now and contributing to economy, paying taxes. They have steady jobs and during the three stages process of green card it has been established multiple times that a US citizen or permanent resident is not available for that job. Close to million applicants are limbo due to bureaucratic delays and country based quota system. If they get green cards they are in position to buy new house, car, start new business etc. there by making significant contribution to economy.
I request you to support the passage of the bill through US congress.
vdlrao
03-31 02:58 PM
Very well said.
1. DOS has to move fast in May to test if there are hidden demand (ppl who missed 07/2007 filing, porting, dependent filing). Those new filing cannot get be approved before October 2011. So they can move up to Nov/Dec 2006 safely in May. Also DOS/CIS, who communicate with each other for sure, will know they should process those pre-adjudicated cased first to clear the inventory.
2. In June, July, August, they could be cautious but still move ahead up to March 2007.
3. September is critical, as that time, if DOS doesn't want to waste any quota, (100% CIS cannot approve any cased filed in that month), they have to move to a point to get all quota used. Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C.
4. Porting (6K this year), New filing (ppl who missed 07/07 with PD before 07/07), could have a negative efffect
5. The inventory for EB2 I/C is about 34K before 07/2007 (based on DOS October/2010 and CIS inventory)
6. This is very close. Will DOS move beyond 07/2007 a little to allow new filings (those won't get approved in Sept) and also make CIS easier to clear all 07/2007? This will be a judgement call. I am 50/50 on that.
7. There are many factors that will play in the scenario.. But I am sure EB2 I/C 09/2011 PD will be pass
May 2007 100%
June 2007 80%
July 2007 60%
Sept 2007 30%
Nov 2007 10%
Dec 2007 or Current 0% (DOS/CIS learned the lesson)
Explantion is Very rationale rodnyb. Thanks.
1. DOS has to move fast in May to test if there are hidden demand (ppl who missed 07/2007 filing, porting, dependent filing). Those new filing cannot get be approved before October 2011. So they can move up to Nov/Dec 2006 safely in May. Also DOS/CIS, who communicate with each other for sure, will know they should process those pre-adjudicated cased first to clear the inventory.
2. In June, July, August, they could be cautious but still move ahead up to March 2007.
3. September is critical, as that time, if DOS doesn't want to waste any quota, (100% CIS cannot approve any cased filed in that month), they have to move to a point to get all quota used. Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C.
4. Porting (6K this year), New filing (ppl who missed 07/07 with PD before 07/07), could have a negative efffect
5. The inventory for EB2 I/C is about 34K before 07/2007 (based on DOS October/2010 and CIS inventory)
6. This is very close. Will DOS move beyond 07/2007 a little to allow new filings (those won't get approved in Sept) and also make CIS easier to clear all 07/2007? This will be a judgement call. I am 50/50 on that.
7. There are many factors that will play in the scenario.. But I am sure EB2 I/C 09/2011 PD will be pass
May 2007 100%
June 2007 80%
July 2007 60%
Sept 2007 30%
Nov 2007 10%
Dec 2007 or Current 0% (DOS/CIS learned the lesson)
Explantion is Very rationale rodnyb. Thanks.
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