I don't know what % of that group consists of H4 spouse of H1 folks. But i believe a good percentage of those applied through the TOEFL,GRE route.
And usually that happens to be 'low tier' universities in USA.
No offense to San Jose State University in silicon valley, where you can see H4 ladies flock to classes.
And usually that happens to be 'low tier' universities in USA.
No offense to San Jose State University in silicon valley, where you can see H4 ladies flock to classes.
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A GC cannot be filed directly from a TN or E3 status.
As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.
Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.
As mihird said, not much difference. I am a naturalized Canadian working in US for last 7 years (country of birth � India) � Canadian citizenship does not help much in I485 stage since you will fall under the quota of country of birth. One small advantage is consular processing � Canadians can apply for CP at Montreal which used to be faster. But with retrogession and improved AOS processing in USA makes this irrelevant.
Another general advantage is use of TN1 visa instead of H1B. You can actually start/continue green card processing while in TN1 visa status � it needs some careful planning but it can be done. Basically you cannot get/renew TN1 visa once I-485 is filed but until then you can continue on TN1 while your labor/140 is under process and while you are waiting for the dates to get current. But this aspect is generally misunderstood and many lawyers insist on transferring to H1B even before starting the labor process (which happened in my case leading to my present state where I am extending h1b beyond 6th/7th year). Basically with a good lawyer and flexible employer you can use TN1 as long as possible, so that you don�t get into 6th/7th year h1b tensions � this can be a slight advantage in some cases.
Is this the reason the PDs don't move forward?
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
How many pre-approved labors are there?
I mean, if they got hundreds of thousands of pre-approved labors, the PDs will not more for a long long time......
Such companies sell pre-approved labor certificates for several thousand dollars (I have heard 20K) and use it as a means to lure employees. Their LCs have very early priority dates and H1Bs are tempted to apply for such jobs. By mentioning LCs in their ads, they are also calling H1Bs to apply rather than being an equal opportunity employer for all people (including US citizens). All this gives a bad name for H1Bs and the greencard process. Anti immigrants use it against us in their campaign.
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great idea, totally support it. I already sent message and asking all my contacts to do so asap.
For all nay-sayers, chronic pessimist, I am ROW and I know Removal of Country Quota may hurt me but does not matter.
This is the only forum which can help Immigrants so I believe in it's leadership and I know they will continue to tackle issues faced by all of us.
regards,
For all nay-sayers, chronic pessimist, I am ROW and I know Removal of Country Quota may hurt me but does not matter.
This is the only forum which can help Immigrants so I believe in it's leadership and I know they will continue to tackle issues faced by all of us.
regards,
Leave it to us 'Skilled' folks to shred an idea before implementing it. What is the harm in mailing out a letter. We tend to focus on bringing out the negatives and keep discussing issues till the train passes us by.
The bailout plan is a short window of opportunity, what is wrong in sending out some emails, we are not the only ones doing this there are hundreds of organizations trying to get their word in edgewise.
(I for one am even willing to write a proposal to 'buy' a GC, if EB applicant is waiting for more than 5 yrs since his/her PD, they can pay 10-15 grand to fast track application irrespective of the fact that the PD is current or not. USCIS stands to make 2 billion. I prefer paying 10k to uscis instead of the yearly drain towards my lawyers SLK.)
Anyways the point i am trying to make is that for this particular issue send out the letter, ask others to do the same and then discuss the merits of the letter. As the moderator mentions the window of opportunity is very small. Since you will be sending out your own letters, you can include any text to include current home owners or include only US educated or only EB 2 I etc ;)
well said sayantan..
This whole idea of linking GC to probable purchasing homes..is insane!
it stops short of black mailing...
The bailout plan is a short window of opportunity, what is wrong in sending out some emails, we are not the only ones doing this there are hundreds of organizations trying to get their word in edgewise.
(I for one am even willing to write a proposal to 'buy' a GC, if EB applicant is waiting for more than 5 yrs since his/her PD, they can pay 10-15 grand to fast track application irrespective of the fact that the PD is current or not. USCIS stands to make 2 billion. I prefer paying 10k to uscis instead of the yearly drain towards my lawyers SLK.)
Anyways the point i am trying to make is that for this particular issue send out the letter, ask others to do the same and then discuss the merits of the letter. As the moderator mentions the window of opportunity is very small. Since you will be sending out your own letters, you can include any text to include current home owners or include only US educated or only EB 2 I etc ;)
well said sayantan..
This whole idea of linking GC to probable purchasing homes..is insane!
it stops short of black mailing...
What is $170 and $180? I got this number from my attorney.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Usually for majority of the folks, Employer covers these fees, But for spouse and dependent children, these fees have to be taken care by individual/applicant themselves. Atleast my agreement is like that.
NOTE : These fees are already revised / increased effective July 30, 2007. Will find the details and will post.
However, we are getting conflicting #s on application fee!
Please resolve these #s. Lawyer fees vary. So we can give least and max #s.
$170 - Fees for I-131 / Application for Advance Parole / Travel Document.
$180 - Fees for I-765 / Application for Employment Authorization.
$ 325 - Fees for I-485 / Application for Adjustment of Status to register as Permanent Resident. ($225 for applicaiton below 14 and over 80 (Should check on this))
$70 - Biometric Recording Fees. (Finger Printing, etc)
Usually for majority of the folks, Employer covers these fees, But for spouse and dependent children, these fees have to be taken care by individual/applicant themselves. Atleast my agreement is like that.
NOTE : These fees are already revised / increased effective July 30, 2007. Will find the details and will post.
ABUSING ON FORUM IS WRONG WHETHER IT IS AGAINST A MAN OR A WOMEN PERIOD
Woman period yes. Man period no.
You man or woman or nether?
Woman period yes. Man period no.
You man or woman or nether?
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This does not make sense at all.. cases are a miniscule portion of actual USCIS approvals and a rate of 30 cases per month would mean most of USCIS personnel are on vacation for summer :)
The assumption is that we have a true random sample on . Please note that the 30 cases per month are not actual cases.. they are cases.
The assumption is that we have a true random sample on . Please note that the 30 cases per month are not actual cases.. they are cases.
I think the point some of the attorneys are trying to make is that there were quite a number of extra visa numbers available (close to 40,000) apart from the normal visa numbers available for Jun, July, Aug, Sep. Unless the number of approvals come close to the total visa numbers available, there is no reason for CIS to arbitrarily move the date backwards. You were right in saying that there were a number of approvals in June, but I highly doubt they even came close to the extra numbers available. All the attorneys are trying to say is to not consider the number of applicants from the equation of trying to predict priority dates.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
USCIS had approvals before dates moved. USCIS knows the number of such approvals.
These approvals are getting GC before approval of current applicants. If earlier approvals use up quotas, retrogression does not have to wait for current approvals.
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As a person you are offended that I made comment based on what you said in one post without considering your whole lifestory. India's history is out there for everybody to see and most educated indians know pretty well what kind of a nation India is.
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Flag burnig is a criminal offense in India, just FYI.
---
However, you managed to compare India with Nazi Germany. Great job. Based on 1 incident, you managed to slam a great nation like India.
---For one second hold on your patriotism for India. What kind of greatness did you find in India? Supreme court orders to share the water between TN and Karnadaka. But state of karnataka don't obey the court order. Everytime TN has to beg for water. Same is true with Kerala. Bihari, peoples can not go and work in Maharastra; It is shame that happens in same country. why Bihar to Maharastra? You can not bring the TN labors just live 2 km from kerala border to work in tea estate in Kerala where communist has strong union to protest the job taken away by other state labors. Here we are talking about restriction on H1B. It is just two examples of millions of social, economical, political problems in India.
...
But when it comes to you you want many factors considered. Why the double standard?
Then there are some wacko job politician from TN that says if Prabhakaran is hurt , they will separate from India. All they need is read back to early years of post independence India and a person named Vallabh Bhai Patel. There are still people with similar capacity in India, that will bring such wacko jobs and their supporters in control.
Remember, same goes true for the wacko jobs from Maharashtra too who say Maharashtra is for Marathi's.
-----Are you following what we are discussing? We are not talking about Maratha for Marathi or Tamilnadu for Tamils.
Don't compare 1971 Bangladesh with current day Srilanka, if you can think straight.
----May we know why one should not compare India's role in Bangladesh with SL?.
The problem with SL issue, most of the Indians consider this issue as a "Tamil" issue rather than "Indian" issue.Thats why, though severity and number of life lost in SL is much greater than bangladesh, people ask this type of question.
Flag burnig is a criminal offense in India, just FYI.
---
The calculation done by Bharatpremi seems to have flawed while calculating spill-over. Spill-over is first by preference and then by country. That is how till VB of August 2009, you see ROW EB1/2 was current and ROW EB3 was U and EB2I was in 2003.
Now, considering spill-over by preference first, the following could be a conservative analysis:
I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.
Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
- All EB4/5 cases till end of 2010 FY - 2000
- ROW, Mexico, Phil EB1/2 - 8000
- EB1 I/C - 1000
- The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006
Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).
Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000
Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
Assuming 15% go to CP.
Total number for AOS = 119000
EB1 (28.6%) - 34034
EB2 (28.6%) - 34034
EB4 (7%) - 8330
EB5 (7%) - 8330
Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728
So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:
Oct 2009 - Dec 2009: Jan/Feb 2005
Jan 2010 - June 2010: Mar/Apr 2005
Jul 2010 - Sep 2010: Feb/Apr 2007
Now, considering spill-over by preference first, the following could be a conservative analysis:
I am trying to see if EB2I can cross Dec 2006 by end of FY2010. So, we will consider only those cases that might be placed before EB2I PD as Dec 2006.
Consider all the pending EB(1+2+4+5) cases reported so far for ROW, China, Mexico and Phil and add it to pending EB(1+2+4+5) cases for India till end of 2006. The number is around 68000.
Assumption (the numbers for FY 2010 for cases that might be placed before an EB2I case with PD Dec 2006) -
- All EB4/5 cases till end of 2010 FY - 2000
- ROW, Mexico, Phil EB1/2 - 8000
- EB1 I/C - 1000
- The new cases from EB2C (PD Sep 2009 onwards) will not be placed before EB2I PD Dec 2006
Assuming cases cleared in the month of September - 4000 (around 7000 are eligible based on the cut-off date).
Total visa numbers required to clear off EB2 till Dec 2006 = 68000+2000+8000+1000-4000 = 75000
Visa numbers available for AOS for EB (1+2+4+5) in FY 2010:
Assuming 15% go to CP.
Total number for AOS = 119000
EB1 (28.6%) - 34034
EB2 (28.6%) - 34034
EB4 (7%) - 8330
EB5 (7%) - 8330
Total Visa numbers available for AOS for EB (1+2+4+5): 34034+34034+8330+8330 = 84728
So, total number needed to move EB2I past Dec 2006 is 75000. Total available for this cause is around 84000. If USCIS uses all the available visas, spills over only during last quarter and maintains Preference-first spillover policy, I think the visa dates will move well ahead of Dec 2006 by end of FY 2010, most likely in the following way:
Oct 2009 - Dec 2009: Jan/Feb 2005
Jan 2010 - June 2010: Mar/Apr 2005
Jul 2010 - Sep 2010: Feb/Apr 2007
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probably true but because most of them are on H4 which means someone else in their family is H1.
I think it was reported that students from India is the largest % of students in US universities.
I think it was reported that students from India is the largest % of students in US universities.
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Like I said, after AILA's memo came out yesterday, all the lawyers who were saying "it wont happen" have suddenly flipped and now they are saying "Anything can happen".
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
I have been asking this question for the past 1 year. I was always told that USCIS can not retrogress mid-month.
My guess is that USCIS told the lawyers that they will not retrogress mid month. Now USCIS is flip-flopping. That is why AILA wants to sue USCIS which probably means nothing: USCIS has lot of lawsuits!
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I never said that I'm disloyal to India or anything derogatory about India.
My statement "shame to hold Indian passport" is to express my resentment and to protest against the polices of the govt of India towards the Sri Lankan Tamil issue. I believe in freedom of expression and I have every right to protest what I deemed to be injustice.
I saying it again, in this country even burning of the national flag is considered a form of protest.
I'm expressing my feelings, if you or your so called "Tamil friends" are not matured enough to understand freedom expression and genuine protesting, I don't care and i don't owe any explanation to any one. Also I don't care what judgments other make about me.
Dude
you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.
My statement "shame to hold Indian passport" is to express my resentment and to protest against the polices of the govt of India towards the Sri Lankan Tamil issue. I believe in freedom of expression and I have every right to protest what I deemed to be injustice.
I saying it again, in this country even burning of the national flag is considered a form of protest.
I'm expressing my feelings, if you or your so called "Tamil friends" are not matured enough to understand freedom expression and genuine protesting, I don't care and i don't owe any explanation to any one. Also I don't care what judgments other make about me.
Dude
you are such a contradicting personality. If I take the above oath, at least I will be loyal to the country of my citizenship. somebody washed your brain with too much of what it is not in reality. You have to put your country before your race, color, ethnicity and religion. That is what I learnt as definition for citizenship. I have very good tamil friends and even showed your statement. I am glad that they just hate your personality and you are an atypical Indian tamil.
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Dear Lawyer,
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,
For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.
I have applied for my renewal of EAD. Please let me know if I have answered the following correct and if there is anything I can do to rectify if you think these are not the right answers. Thanks in advance for your help,
For question 14, Manner of last entry: " Paroled (AOS) " because that is what will be stamped in my passport and I94 after my entry into US.
For question 15, Current Immigration status: " H1B Worker " because my H1B is valid till 2010 and I never used my EAD or received my green card.
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They do not have to go to 7% if they don't want to. However; they can't go over it; if there is more demand then supply.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
I am not disputing this. Entire discussion here is how to handle if demand is less than supply due to the impose of 7%.
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We need to fix the problem of too few visa numbers available to I/C. If the waits in EB2/3 are not long, there is no reason there will be any significant abuse of EB1 visas. You are targetting the a mosquito and ignoring the elephant in the room.
Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.
like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.
Gaurav, you are right on the it. I am not saying ignore or accept, but spend your efforts there where you can get maximum return.
like creating new quota for PHD/Masters, Visa Recapture, removing country limit from skilled EB immigration and NOT counting family members/dependents in yearly limit. If we can get even one of above done, it would give the best mileage as compared to go all after EB-1 abuse. You surely can write to CIS/Ombudsman/whoever but support IV for above efforts.
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I hear you!
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
--Improve processing time to consume full quota allotted per fiscal year. If the cases are processed at snail pace, increasing quota to half a million visa doesn't mean squat to anybody. It will fall into another cycle of "waste visas & recapture visas"
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I spent almost an hr going through these massive 12 pages and concluded to support British's saying "Indians are dogs" and I want to add the following,
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
Kanaka
We are called dogs, because we discuss things, then what are we called if we don't and accept things in India as they are.
dude, suck in your hot air and sit down on the bench.
I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.
aps
I support this, if most of us like this. I considered people with one income and who lost jobs in this economic situation. If this idea is supported by many members then i will also support.
aps
Here's my take for reporters/commentators - Request for review and feedback
Dear Sir/Madam:
I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.
At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.
On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.
The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.
The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!
The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.
It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?
The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.
Dear Sir/Madam:
I am writing to you with regards to the predicament of the high skilled immigrant community in the United States, waiting patiently for their Green Card. I understand that you have been closely following the immigration debates and thought you may be interested in discussing among your readers and audience the latest volte-face by the US government.
At present there are hundreds of thousands of high skilled law abiding individuals currently residing in the United States, whose “employment based” petition to immigrate has been approved by the USCIS, of the Department of Homeland Security. Due to the arbitrarily set limitation on the number of skilled immigrants admitted each year, and the severe backlogs in processing cases, these immigrants cannot adjust their status to permanent residence.
On June 13th the Department of State issued its monthly Visa Bulletin inviting “all” these high skilled immigrants to file their application for the final stage of the Green Card process, beginning July 2nd. This sent a positive message to the immigrant community who, after years of agonizing wait, finally felt closer to realizing their American dream.
The immigrant community, and their employers, invested valuable time and money on preparing the application forms, getting a medical exam and procuring supporting documents so that their application could reach the USCIS on time. News papers and journals around the world covered interesting stories of how parents and other family members were searching for birth certificates, immunization records, affidavits, etc so that their emigrant family member could have a better life in the United States.
The USCIS, on the other hand, worked so hard through the month of June that it approved about 60,000 cases for adjustment of status, thereby using up all the immigrant visa numbers available for the current fiscal year. It is reported that the service approved approximately 18,000 cases on the last day of June! The Department of State, who is responsible for making the visas available, was forced to issue a revised bulletin on the morning of July 2nd to indicate that no more visas will be available for this fiscal year. As per policy, if no visas are available for the fiscal year, the USCIS stops accepting applications!
The end result of this turn of events is that for the latter half of the month of June, the immigrant community spent hundreds of millions of dollars for their application - on hiring lawyers, taking unnecessary immunization shots, having family members run from pillar to post to collect old documents, only to hear the USCIS announce on July 2nd that it was all for nothing.
It is hard to believe that when the Department of State issued its Visa Bulletin in June, it did not consider the amount of pressure the USCIS would come under in July. The USCIS on the other hand, could have certainly discussed the Visa Bulletin with the Department of State so that a limited number of applications would be accepted in July.
The fact that it took eight months for the USCS to approve 66000 applications, and just the month of June to approve 60000 indicates two things – one that it intentionally preempted the avalanche of cases in the month of July, and second its complaints about lack of resources to adjudicate backlogged cases do not seem true. If the USCIS was intentionally working in over drive to avoid accepting cases in July, why did it not share this information with the department of state and request a revised Visa Bulletin?
The immigrant community is extremely upset with this cruel joke played out by the Department of State and the USCIS. It is yet another indication that despite our contribution to this country, we are not welcome. Unfortunately, we don’t have a vote, and therefore cannot bring about a change without your help. These callous actions should not go unnoticed; the American citizenry must demand for transparency in its government’s functions.
