Saturday, July 2, 2011

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  • bobzibub
    05-23 07:06 PM
    Dear Senator ____;

    Subject: Treating the currently backlogged legal skilled immigrants at parity with undocumented immigrants and family-based applicants in the Immigration Reform bill S. 1348.

    I am a member of Immigration Voice (www.immigrationvoice.org). Immigration Voice represents the interest of 500,000 legal skilled immigrants in the United States on the path to green cards who have been stuck in enormous backlogs and delays in immigration process.

    The career growth, job mobility and quality of life of a half a million legal skilled immigrants is subverted by the bill in its current form.

    Specifically, the restrictions on employment mobility of current applicants affected by this bill, limit improvements in all wage rates. This is because when the market for highly skilled staff improves (as it is doing today), we have significant bureaucratic barriers placed that prevent us from changing jobs. This creates a mis-allocation of scarce talent and limits the growth of the high tech industry as a whole.

    The permanent residency process currently takes a great many years, but technologies change fast. Staying in the same job can make a tech career stagnant. Few Americans in the technology field are willing to stay in the same position within their current company for that many years. So, Again, this limits growth in the technology industry because scarce skills are being miss-allocated.

    It is not just about changing jobs: I also get requests from friends that want me to improve their website or even join a start-up. They are dumbfounded when I tell them I may not because it is illegal for me to do so. Nor may I volunteer my time. Nor may I start my own company because I may not work for myself. The economic cost of a half-million highly skilled people not being able to start a business must be staggering.

    Personally, since moving to the "land of the free", I find it ironic that I lost my economic freedom. It is also heartbreaking to see the rug pulled out from beneath us when we've been such law-abiding and dedicated participants in the current system all these years. In terms of years, in terms of opportunity lost, and in terms of money wasted on lawyers, we humbly request an equitable solution for all skilled, law-abiding immigrants.

    Here are some specific reasons why the current CIR bill fails us, and fails the US economy. Also suggestions on improvements that can be made:

    1. Section 501(b) reduces the number of green cards to legal skilled immigrants from the current 140,000/year to 90,000/year and diverts the major portion of those green cards to future low-skills guest workers under the Y visa program. Instead of increasing that number to reduce the backlogs this section take a step backwards and would exacerbate the backlogs. On the other hand, 503(f)(2) of this act would allocate an estimated 11 million green cards over a time frame of 5 years – 2.2 million a year – to undocumented immigrants. Immigration Voice requests congress to treat legal skilled immigrants at parity with undocumented immigrants and increase the number of green cards to at least 250,000 for 5 years for currently backlogged applicants defined under Sec. 502(d)(2) in order to reduce to current backlog before the untested points based merit system is functional.

    2. Immigration Voice requests congress to waive per-country ceilings on backlogged petitions to be processed under Sec. 502(d)(2) in order to make the backlog reduction more efficient. The bill provides a very similar waiver from per-country ceilings to family based pending petitions in section 508(b).

    3. Immigration Voice requests congress to allow legal skilled immigrants to file for adjustment of status for those applicants who have been certified by DOL to be doing jobs no US citizen is willing, qualified or able to do. This would be at parity with provisions for undocumented immigrants who would qualify for instant work permit (probationary card) that allows them to work without employer sponsor and without department of labor’s certification simply by registering.

    We at Immigration Voice strongly opposes the bill S 1348 in its current form and requests congress to amend this bill and treat the legal skilled immigrants at parity with undocumented immigrants, future guest-workers and pending family-based applicants.



    Sincerely,
    <your name>




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  • morchu
    05-08 03:46 PM
    Just want to highlight a positive point. June visa bulletin shows that NONE of the visas (or very negligible) are going to be wasted this fiscal year for India. Shows increased USCIS efficiency. Hopefully it will be true for World and China as well.




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  • desi3933
    07-10 03:37 PM
    ....
    That's where AC21 comes to rescue, and you can become "self-employed" rather than "unemployed." Question is, why can't self-employment in same/similar occupation as your I-140 petition be considered to satisfy I-140 requirement?....

    Yes, one can be self-employed for AC-21 job, as long as conditions mentioned in the same memo are fulfilled

    "Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed. Second, it may be appropriate to confirm that the new employer and the job offer are legitimate through an RFE to the adjustment applicant for relevant information about these issues. ...... "




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  • vkjanam
    02-18 12:23 PM
    Hi Sukhwinderd,

    This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.

    regards

    Vkjanam

    here is a report which says there are more than 300,000 GC visa numbers were unused.
    go to page 35 or search pdf for recapture to see chart.
    from the report
    This dialogue is critical considering that when USCIS
    and DOS fail to accurately estimate cut-off dates, visas go
    unused or are shifted to other family or employment-based
    categories. Congress passed legislation permitting the
    recapture of some unused visa numbers from previous
    years.119 Figure 19 presents data on visa numbers �lost�
    between 1992 and 2009 for both employment and family
    preference categories.



    http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf

    recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.



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  • VA_GC9
    07-09 07:48 PM
    We need to keep the message short. But concise. Media will create all the corresponding articles, and messages. We just need to bring it to their attention, they will figure out after research, that it was "munnabhai". Frankly, the message is important, not the messenger or the vehicle that the messenger drove.


    Guys see this..
    July 9, 2007. Message from USCIS Director Emilio Gonzalez
    I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.

    http://www.uscis.gov/portal/site/uscis




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  • venkygct
    08-18 10:15 PM
    My wife has got her EAD approval email today...We applied on July 22....

    EB2, TSC
    PD - 10/2006
    Applied on - July 17, 2008
    Receipt Date - July 22,2008
    No LUD
    Card Production Ordered on - Aug 18th, 2008



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  • chanduv23
    06-23 06:36 AM
    Those who think, their employer is OK - be extra extra cautious. Never, never believe employers. Bottom line is, employers will not care for u, if they know u r gonna benefit out of this, they will do everything they can to avoid this. Most desi employers indulge in sweet talks. Talks will be extremely sweet. Just like how they talk to u before u join the company.

    GC filing is a carrot that employers thrive on. They will do anything to aqvoid this situation.

    Remember, your problems are not over after filing 485 also. The so called prospective employers who always told u, "I will hire you, if you have a GC or EAD" will now give some other excuse. Basically they want to put u in a position where u have less chances of bargain, thats the whole deal.

    Lotsa people go by self employment after filing for EAD (Dunno how - maybe some IV members can explain this) and still do contracting and safely see themselves through their GC.

    So basically, we are on our own here. For those dealing with desi employers - I can tell u one thing. U can handle the situation with sweet talk and some diplomacy - desi employers have their own fears. But those dealing with American employers - be extra careful - HR personnel etc... who have sympathy for layed off workers etvc... will try to screw u big time on ur back. If they decide to screw u - they will do it big time and none of ur diplomacy will work there - believe me, I gone through this.

    Be smart - stay on top of things, don't waste time and get things done in all possible ways. Get employer letter in whatever way u can. (If you have a letterhead - u know what I am saying ....)




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  • harpomarx
    07-10 01:04 PM
    Can anyone do a cartoon and we can post it on the internet?

    How about a caricature of Gonzalez holding a sign as follows:

    WASHINGTON�The Department of State has revised its July Flower Bulletin to reflect that all available flowers have been allocated for fiscal year 2007.
    As a result, beginning today, U.S. Citizenship and Immigration Services (USCIS) is rejecting applications to send flowers (Form I-356937) filed by aliens whose priority dates were current under the original July Flower Bulletin.
    U.S. immigration law limits the number of employment-based immigrant flower receipts that may be issued each fiscal year.



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  • clear485
    08-18 01:19 PM
    You are talking about 2004, 05. What about 2001, 2002 and 2003? There are so many people with 2002 priority dates still waiting just like me. Mine is 02/2002

    What a unfair/unethical/inhuman system. I curse everyone who is causing this delay. They will all land up in hell.

    I agree....mine is too 2002 PD/EB2

    Simple reason USCIS will tell you/senator/judge/anyone who really seek the resolution of our loooooong delayed cases is.....case is in security/background/additional review checks.....so everyone will shut their mouth and forward this message to the concerned person.....

    No use....USCIS is a big elephant and acting in sleep....




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  • romeshtrisal
    09-10 08:31 PM
    My papers were received at Nebraska Center by one... M. Schwitzer on 30th July. So far nothing... no receipts, no encashed checks.
    Latest frontlog update shows they have reached 29th July. It is a farce. In my office, I know of at least 5 guys whose papers were received in Nebraska Center between 17th to 20th July. Their checks are not even encashed till today.
    They just put in wrong and fake info just to please their bosses. This is a messy setup.
    Perhaps it is time for us to wake up one day and head to our "real and true" homes! May be we will eat Dal Roti only but we would be proud of ourselves and not remain at the mercy of these insensitive folks at INS. I am sure most of them are guys like you and me, but the system sucks and deep inside our hearts we off-load our anger and frustation at them....
    I am really pissed off.....



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  • qplearn
    12-10 09:43 AM
    What we need is a interim EB bill.


    The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
    To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.

    1. Ability to file for I-485 without current PD.
    2. A renewable EAD of 5 yrs.
    3. Recapture of unused visas from previous yrs (only if this is not controversial).

    Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.




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  • desi3933
    06-28 09:39 AM
    desi3933,

    Your points well taken. However all the arguments you are saying about H1B is the practical way employers do their hiring. However as per law they cannot discriminate based on immigration status including H1B. Employers cannot even ask the candidate to have a particular type of work authorization.


    Let me ask you a straight question -

    Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?


    .



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  • dkshitij
    02-11 10:08 AM
    Thanks, Tony! I did email ivcoordinator yesterday. I will wait a few days and check back.




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  • bang
    11-18 01:10 AM
    Done !



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  • aachoo
    05-09 11:22 PM
    A suggestion about the contents of these emails/letters:

    Why do we insist on proposing the solution to our problems? One person wants to remove country limits, another wants 5 year EADs, yet another wants to file 485 regardless of priority dates.

    I see 2 problems with this:
    1- The external world doesn't care or understand. Do you think the average CNN viewer understands what retrogression or priority dates are? For that matter does anyone in the White House?
    2- This divides us by EB category, country, pre/post July '07, EB3 to EB2 porter etc.

    In your letters please focus on the problem. If invited to the table we can propose solutions, but now is the time to highlight the problems and the potential impact it has on the US economy, our families, and communities.

    Examples:
    Impact on US economy:
    - I have significant buying power, however I am unable to make any substantial longer term financial decisions due to immigration uncertainties. I may be asked to leave the country on a moment's notice. If there was some stability, I may be looking to invest in a home or a new business

    Impact on our families:
    - My spouse cannot work. She is qualified and capable. Yet due to the vagaries of the immigration system, she cannot pursue full time employment without significant additional paperwork

    Impact on the communities:
    - Most of us hold strong political and social views. The current system makes it untenable and in some cases illegal (like donating to political parties) to participate in the democratic process. In the grand machine that is the American democratic system, we are probably the only group of people that are taxed and yet have no representation whatsoever.

    Maybe these points are not strong enough. But if they are not, then it is not worth anyone's time to pay any attention. Find the legal immigrant population's "we do the jobs Americans will not do" slogan!

    -a




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  • vkjanam
    02-18 12:23 PM
    Hi Sukhwinderd,

    This is good info. At present I am trying to influence some of my friends to contribute to the advocacy days and this info comes in very handy for such dicussion with them.

    regards

    Vkjanam

    here is a report which says there are more than 300,000 GC visa numbers were unused.
    go to page 35 or search pdf for recapture to see chart.
    from the report
    This dialogue is critical considering that when USCIS
    and DOS fail to accurately estimate cut-off dates, visas go
    unused or are shifted to other family or employment-based
    categories. Congress passed legislation permitting the
    recapture of some unused visa numbers from previous
    years.119 Figure 19 presents data on visa numbers �lost�
    between 1992 and 2009 for both employment and family
    preference categories.



    http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf

    recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.



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  • vactorboy29
    11-21 04:22 PM
    I am shocked after reading this thread and even cried .We will pray for your well-being .Don�t loose your strength and believe in GOD.

    Dear Members,

    If Mehul needs some financial help can we gather together to help our brother? So that he don�t have think at least on this front. Please suggest senior members/IV.




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  • mpadapa
    09-08 10:45 AM
    Had a hard LUD on 9/5 for CPO EB3-I Jan 04 PD
    RD: 7/21 (TSC)




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  • sam2006
    07-20 10:53 AM
    Sam2006

    I think you didn't notice my message.


    Looks like you haven't filled in your pledge amount. Could you do please ?

    Thanks
    Anzer

    but i had already paid 100 yesterday
    is there any way to divert the funds i paid yesterday to this funding drive ?




    sumansk
    12-18 06:17 PM
    Here's something to laugh about ...so just relax and donot worry...GC is just a little story in a BIG LIFE !!

    year
    1997--arrived in US on F1
    2000- got a desi consulting co..
    mid 2000-- got first consulting assignment.. arrived with dried mouth and chilled shivers to client site
    2002- desi consulting applied for GC after lot of dilly dallying and negotiating GC fees
    2003- got married
    2005- kid arrived
    2006-- still waiting for GC..after frustrated with Desi co. changed job to another desi company.Same story begins as far GC is concerned.
    2007--Waiting for GC-frustration building up
    2008--Waiting for GC-frustration building up
    fast forward
    2020-got GC finally
    2024-Retiring and moving back to India after little saving.Trying to sell the house.. no buyers...

    Parents calling since last 10 yrs to return but delaying as thinking will return after GC.

    This is the story of typocal desi guy..

    So njoy yr life and forget abt GC tensions man..
    Relax and meditate




    raju123
    07-03 08:51 AM
    I agree, it should start as soon as possible. Delay will kill the impact.

    I m game for it!!IV CORE plz advice us which method wud be apt to send the flowers...I think,we need to start on this asap,without any delay.:)



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