obviously
11-06 10:00 PM
Dear Friends,
It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.
Here are some ways to frame 'thought provoking' discussions regarding retrogression:
Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!
- In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
- In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
- In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.
- In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
- From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
- Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
- Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
- Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.
Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.
I would urge everyone to send a personal email/ message.
1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
3. Take each of the above points and customize it to fit your needs
4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.
Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.
There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.
Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.
It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)
Obviously
P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.
It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.
Here are some ways to frame 'thought provoking' discussions regarding retrogression:
Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!
- In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
- In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
- In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.
- In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
- From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
- Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
- Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
- Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.
Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.
I would urge everyone to send a personal email/ message.
1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
3. Take each of the above points and customize it to fit your needs
4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.
Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.
There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.
Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.
It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)
Obviously
P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.
bskrishna
02-11 10:54 AM
The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.
So i guess there are about 100K duplicate and invalid applications.
In a way our community contributes to our own downfall...
Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.
.jpg "soup for the teenage soul")
crystal
07-12 10:11 PM
EndlessWait I hope ur wait will end soonI can't sleep all night.. cmon atleast give us few options.
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
My take on the permanent solution:
1. Recapture lost visa numbers
2. Medical tests are going to be valid indefinitely
3. Ppl who've worked for X years automatically can apply for I-485
5. All can apply as per the old bulletin
6. ????
cmon guys help me with this.i'm running out of ideas..:D
american_dreams
08-27 10:35 PM
My(dependant) EAD is still pending while primary's EAD was approved on 8/19 by TSC.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
Anybody out there with Self and Spouse EAD Card approved from NSC, but Self actual physical EAD card arrived but Spouse physical EAD card did not arrive at the usual time say 5 days after approval.
Usually I have seen both arrive at the same time. Please comment. Thanks.
I ahve also heard about cards being stolen from the Kentucky facility. So, anybody out there who had to file for a replacement card for self or spouse.
more...
sodh
07-11 09:38 PM
Try pizza that they won't reroute to Walter Reed.
zCool
04-19 10:44 PM
All of us might have gone wailing in streets and still it would have been the same thing..
What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!
What happened last yr? in a word.. Senator Jeff Sessions from Alabama..
He's bought and paid for by racist anti-immigrant interest groups and no way he was going to be convinced based on merits of the argument!
more...
fromnaija
02-10 10:49 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
The question of what happens if your 140 is withdrawn by previous employer has not been answered, not by lawyers and certainly not by USCIS. It is a grey area. However, it has not been documented that USCIS will cancel an H1B extension that is based on an I-140 when the underlining 140 is withdrawn.
You may want to ask your attorney this question.
gesu
04-20 12:35 PM
Hi,
Does anybody know the procedure to transfer H4 to F1. Do I need I- 20 for that?
Regards,
Gesu
Does anybody know the procedure to transfer H4 to F1. Do I need I- 20 for that?
Regards,
Gesu
more...
dogking
03-20 12:23 PM
Does anyone know the time frame of WISH and Talent bill?
rk3817
11-29 10:29 AM
Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.
Thanks
Thanks
more...
nlssubbu
06-20 02:41 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
Thanks
DSLStart
07-15 10:03 AM
thats weird!
watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D
When my AP came up for renewal my attorney asked to get new set of photos.
In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
Anyone else had same experience ?
more...
saimrathi
07-24 11:22 AM
I think all it is saying is that you need to submit the approved labor certification application with your i-140/485 concurrent application, as far as i can remember my lawyer sent in my approved labor cert appli with my concurrent filing appli.. although please check with ur lawyer...
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
This is FAQ from USCIS website:
Q1: Will USCIS reject a concurrently filed EB I-140/I-485 case if it is lacking a required Labor Certification?
A1. USCIS will not accept an I-140 based on a required labor certification application if the approved labor certification application is not submitted in connection with the filing. USCIS will not accept a concurrently filed Form I-485 if the required Form I-140 is rejected for lack of an approved labor certification application.
-----------------------------------------------
Anyone knows what that means? I have filed 140/485 concurrently on July 2nd 2007. However, I never received original LC document and my lawyer said it is okay to file 140 without original LC document, USCIS will collect it from DOL. Do you think this will affect me?
Thanks
sdeshpan
08-05 07:27 PM
It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?
Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!
Do you really think H1-B folks (or even those waiting for PD to be current) will be considered "Long-term conditional residents"?
Not questioning, just wondering...there has to be a catch! But alas, someone is trying for some relief...let's see of this bill ever sees the light of day!
more...
Kitiara
08-16 04:59 AM
Another handy use of Break Apart is to break apart a .jpg or gif file. This does a kinda conversion on it, to make it seem as if it had been drawn with fills in Flash.
Sometimes the quality is reduced, sometimes isn't. Really it depends on the complexity of the photo. But it can also help to reduce your file size. :)
Sometimes the quality is reduced, sometimes isn't. Really it depends on the complexity of the photo. But it can also help to reduce your file size. :)
Uncertain
04-28 03:53 PM
Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
more...
morchu
04-29 06:14 PM
I agree, that for most of the cases "approved" is a safer approach.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
But there can be some specific situations.
Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.
Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.
This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.
================================
Here is the answer from USCIS:
"Question 1. How should service centers or district offices process unapproved I-140
petitions that were concurrently filed with I-485 applications that have been pending
180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence
establishes that the case is approvable or would have been approvable had it been adjudicated
within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
relating to a time after the filing of the petition, approve the petition on it�s merits. Then
adjudicate the adjustment of status application to determine if the new position is the same or
similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
response is received, and if the petition is approvable, follow the procedures in part A
"
=============================
so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.
tnite
08-03 12:53 PM
I got I-140 Notice returned as undeliverable.
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
your attorney or employer (whoever filed it) will get the approval notice.
I got email notification on June 26 as approved and we will mail it to you.
After 2 days lated my attorny told me that he got that letter, he send to me by email as pdf file.
I have a question the letter attorny got is pdf file or original by mail(post).
Who will get the I -140 aaproval original letter?
your attorney or employer (whoever filed it) will get the approval notice.
immiusa
06-17 12:02 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
anilsal
05-12 08:17 AM
Documents are usually lost and replaced (via duplicates).
Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.
Just ensure that you scan the docs into PDFs or something like that (Most of the new home printers have this option). When a need comes, just print the PDF.
sdudeja
01-30 08:29 AM
GReyhair thanks for your reply. My concern is not the FP. I am thinking even if they approved her GC and mailed on Jan 12, how can they do it before the the FP date which was Jan 15.
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