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rajimmigration
06-11 09:58 PM
Done
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Eternal_Hope
12-10 01:56 PM
Another reason for the slow movement is people getting married.. a spouse potentially accounts for yet another visa number and this adds to the unpredictability of the system. It gets even worse with non-US born kids.
The solution to all our visa backlog issues is:
1. Stop marrying.......
2. Dont have children ...or atleast not in your home country
Brilliant!
The solution to all our visa backlog issues is:
1. Stop marrying.......
2. Dont have children ...or atleast not in your home country
Brilliant!
a_yaja
01-31 02:24 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
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jonty_11
06-12 02:35 PM
it is very easy to say - support CIR and get our ammendments attached to CIR...we were not even able to put forth our ammdmt on the floor last time around....It is not as easy as 1-2-3 ...
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
SUpport BILL - Get Ammdt attached- Live happily ever after....
NUmber 2 above - Getting Ammddt attached - is next to impossible given the anti immigrant mood already persistant in senators (due to so many provisions for illegals) and also the Anti H1B lobbying thats been going on.
Remember we are always grouped with H1B folks, when it comes to GC
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Jaime
09-10 04:32 PM
We love the U.S. We won't allow bad immigration policy to continue to hurt our country with a self-inflicted Reverse Brain Drain. Already 100,000 of us highly-skilled immigrants have left in frustration! We won't allow this to continue!!! We are going to stop this madness, AND IT ALL STARTS IN WASHINGTON ON THE 18th!!!! This is not only for ourselves, we are doing this for America!!!!!!!!!!!!
Canuck
02-14 08:10 PM
This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
What WILL NOT happen? - Removal of per country quota for EB Visas!!
Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?
Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.
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ak77
09-10 02:06 PM
I found another link. Not sure if its the right one ?
http://www.c-span.org/Watch/C-SPAN_wm.aspx
Yes this one is working for me...but iam also not sure its the right one or not.
http://www.c-span.org/Watch/C-SPAN_wm.aspx
Yes this one is working for me...but iam also not sure its the right one or not.
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willgetgc2005
03-20 07:26 PM
We're definitely pursuing this problem also through our lobbyist, but for now given the drastic changes in the Comprehensive Immigration Bills, all the effort is going into that. Once that cools down a bit, we will concentrate on the procedural issues like FBI name check as we do realize that a large number of us are likely to get stuck there.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
Admin,
Thanks for taking this into account. Including me many are affected by name check.How will this affect all eventually? As an example, consider this.
Let us say your PD becomes current in 2006 and u are waiting for name check.Name check is not cleared in 2006. So the yearly quota which was available to you could not be used because of name check. So the visa in 2006 is not used up, even though it was available.That is one precious Visa number was not used up and got lost in the yearly quota system. Then
in 2007, you get in line ahead of candidates whose PD becomes current in 2007.
So in effect all of us loose.
more...
vandanaverdia
09-10 01:41 PM
No in-state tuition for legals (only for illegals) - You are a legal high-skilled immigrant and have played by all the rules while contributing greatly to the economy, yet your children are not eligible for in-state tuition, while the children of illegal aliens ARE!!!!!
This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
But the children/spouses of the illegal aliens are eligible for the same!!!!!
This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
But the children/spouses of the illegal aliens are eligible for the same!!!!!
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pbuckeye
02-09 10:46 AM
i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
more...
whiteStallion
09-10 04:27 PM
i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.
Nice humour!
Nice humour!
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mantric
02-17 05:07 AM
canuck has a point, although his wording is not the best.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
our own self respect should come first when we are faced with economic coercion of our choices. we came here not as beggars but with skills to offer to employers. in exchange for commitment and hard work there was a promise to a path to permanent residency. we have a right to live here as employees without constant and undue stress because of discriminatory laws and unreasonable delays that constrain our advancement in the very careers that brought us here. this much is true of all EB immigrants.
self-respect is not a question of not obeying laws but of challenging them when they turn out to be unfair and discriminatory to hard working, tax paying residents. this issue is central, not the fact that i came from one country or another.
now if you look at rajiv khanna's lawsuit against USCIS, the main reason USCIS won was because of their argument that i-485 filers were not a unified class. so USCIS used the very argument that these filers were divided to win the case. when USCIS itself has used this argument of divisions between immigrants against legal eb immigrants howcome we are reluctant to admit this policy ?
the instruments of control are much more refined now than they used to be in the days of slavery and divide and rule. but they do exist in and it is for us to recognize them as such. that's the first step to freedom.
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rpat1968
12-28 11:20 AM
We cannot save for our children's college in college savings plan as every plan needs a GC.
I am on H1B with approved I140 and I was able to open a College savings (529) plan for my daughter. I told them that I am a non resident alien and my GC is in process. Also I was able to get Life and Variable Life insurance on my non immigrant status.
(FYI : The plan is brokered through Farmers. Investment company is Putnam Investments)
I am on H1B with approved I140 and I was able to open a College savings (529) plan for my daughter. I told them that I am a non resident alien and my GC is in process. Also I was able to get Life and Variable Life insurance on my non immigrant status.
(FYI : The plan is brokered through Farmers. Investment company is Putnam Investments)
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sundar61982
08-06 04:52 PM
Got email approvals on our I485 with PD of Mar10 2006 on EB-2.. Was at NSC.. Looks like they are processing beyond the Mar1st cutoff date..
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sin94
05-26 06:05 PM
I haven't heard anything like this (yes random checks I seen by cops in NJ) but not searching all cars on a highway and then verifying if everyone is legal and harassing them if they have not carried their immigration papers.
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
I read long ago after 9/11 that law enforcements used this tactic to jail folks who were suspected terrorists but if they are using this to discourage immigration (legal immigrants) it would be a real shame.
where are these commands coming from its not like one county suddenly gets up and starts doing random inspection, their must be a higher authority who is making these rules
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delhirocks
07-01 10:16 PM
I am amazed to see these new born baby members cropping up these days from nowwhere questioning IV. No wonder we are popular and feared by anti immigrants. If you guys think IV cannot do something, then go have beer and eat chips. If you think IV can do something, then tell your lobbyists to oppose our lobbyists and stop us.
Well...I guess its a good sign if thats what happening...
Well...I guess its a good sign if thats what happening...
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greyhair
06-10 02:06 PM
There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.
What should/can we all do to prevent this from passing? What does IV core want us to do?
What should/can we all do to prevent this from passing? What does IV core want us to do?
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07-03 03:58 PM
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dskhabra
03-17 09:46 AM
Guy you are forgetting the 7% per country quota for issuing GC. Applicants from a particular country can only get 7% of the total GC available in a year.
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
Total employment based quota per year is 140,000 and 7% of it is 9800. So at the most only 9800 Indians can get GC per year. This count also includes the dependents.
So even if your PD is current and you have filed your I-485 but there may be more than 9800 Indians with the same status and hence only the first 9800 will get GC that year.
There are more than 100,000 primary Indian applicants who have filed their I-485 and assuming a average Indian family size of 3, there are 300,000 who are waiting for GC. Only 9800 can get in a year. So if the law does not change this backlog will finish in more than 30 years.
That's true but when unused numbers are used for retrogressed countries then 7% cap is not followed. You can see more than 9800 approvals for India in the last three years. But still it's a looooonnnngggggg wait...........
indianindian2006
07-14 07:05 PM
So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.
amsgc
02-04 02:12 AM
See response below.
Folks,
I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.
But, there are a few questions that I am not convinced myself:
1. why remove per country quota just for EB, why not family based immigration as well?
=> Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.
On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.
You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.
2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.
=> The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.
Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.
Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?
Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.
3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?
=> This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.
When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?
=> Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.
We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.
=> I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?
That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
=> You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.
At the end of the day human life is human life even it is it Indian.
=> Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.
Folks,
I am not a naysayer, I think the IV core team has done a great job of giving a voice to us.
But, there are a few questions that I am not convinced myself:
1. why remove per country quota just for EB, why not family based immigration as well?
=> Unlike family based immigration, Employment based immigration is based on the expressed need of US businesses for skilled labor. The position filled by EB based immigrants are first advertised in the local market, and if a US Citizen or LPR is not found with the requisite skills, only then is that job offered to a foreigner with the requisite skills. This means that the foreigner is needed by the US business to perform services on a permanent basis. In essence, the US gets a well trained and experienced foreign worker who is able to contribute to the economy on the day he gets his Green Card. It is very important to note that this job offer is made solely on the skills, education and experience of the foreigner, and the need expressed by a business. Also note that these individuals constitute only 14% of total immigration.
On the other hand, there is absolutely no information on how an individual who comes in through family based immigration will be able to find a job, and start contributing to the economy. I am not saying that these individuals are incompetent, only that there is no data on how they will fit in. If you look around you, you will find that most people who enter the US through family based immigration lack language skills, are much older, and find it difficult to start over and assimilate in a new country. Many end up doing odd jobs which can be really frustrating for them. Since there is really no business need for these individuals in this country, and because they are whopping 86% of all immigration, a cap on family based immigration does make sense.
You also need to understand the other important difference – most EB folks have already assimilated into this culture – they have been here for several years, worked a couple of jobs and in many cases attended US graduate schools.
2. what will happen after removing per country limits, what kind of numbers are we looking at? how many new PRs? What is the impact on the country,economic, social, cultural, I do care about the USA.
=> The result of removing per country limits will be that every individual will be given an equal opportunity to immigrate to the US based on their skills, education, and the specific need expressed by a US business. It will be a system where everybody gets in one line - first in, first out. Some will say that the current system is fair because every "country" gets a fair chance. But that is just and attempt to mislead. The "country" does not file a petition to immigrate; it is a skilled individual who files a petition to immigrate based on his skills, education and his requirement in the US.
Regarding numbers - I will give you a simple example. My GC process was started 3 years ago. My co-worker, who is from a non-retrogressed country, started his application last year. We both applied in the same category, and work in similar positions. We also have similar skills - US MS in CS. Because of the country caps, my application is still pending, whereas he already got his GC. If the country caps were removed, my wait time would have reduced by a year, his wait time would have increased by a year - we both would get the GC after waiting approximately the same amount of time. It would have been a first in, first out system. But it is not so, and it needs to be fixed.
Like you, we all care about the USA. I assure you that it will have only a positive social and cultural impact on the US. Why? Because removal of country caps would lead to a system that is based solely on merit and hard work. Isn't that what this country is about?
Regarding diversity – the individuals from retrogressed countries are already here, assimilating into the American fabric. Whether you give them the GC now or ten years from now, they will still be here - it will not change the ethnic character of this country.
3. By asking legislators to remove these per country quota limits, isn't this a paradigm shift in thinking?
=> This is not a paradigm shift. If you open your eyes and ears you will find hundreds of organizations set up across the US to educate and influence lawmakers about policies that should be put in place to better serve this country.
When I, a guy impacted by this EB backlog am not convinced, how the heck are we going to make a case to some congressman/woman?
=> Once you begin to feel the pain, you will understand. Perhaps you are new to the system, and are hoping that it will get better. It will not be long before you will suddenly find that a good number of years have gone by just waiting.
We should definitely move away from this snobbish view that EB folks are better than others, or that the USA needs the EB folks more than EB folks need the USA.
=> I am not sure where you get that EB folks are snobbish. It is not our issue - so whatever FB folks decide, it is up to them. Also, nobody said USA needs more EB folks, US businesses need the EB folks for whom a petition to immigrate has been filed and approved. Get the difference?
That said, I do believe that we have a humanitarian case for folks like us who are already in the queue. Educating congress about the path taken by the average EB immigrant would help.
=> You just contradicted yourself. A few sentences ago you seemed to imply that you really did not understand what could be gained by removing the country caps.
At the end of the day human life is human life even it is it Indian.
=> Really don't know what you are trying to say here. Anyway, if you feel the need to respond to this message, please do so after updating your profile.
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