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  • msp1976
    03-03 08:29 PM
    Legal Immigrants in Limbo

    It is that time of the year again. Immigration reform is in the air. Recently, there were raids on many businesses and the resulting arrests were given wide publicity. The Bush administration is showing its zeal to pursue the 'illegal immigrants' and 'Undocumented workers' and enforce the immigration laws. The pro-immigration and anti-immigration organizations are ratcheting up their activities. One of the common refrains of the anti-immigration groups is 'If they want to come to this country, let them come legally'. So let us examine what the people trying to immigrate legally face.

    A significant number of the high skilled immigrants who immigrate to the United States are categorized by the existing immigration law as 'Employment Based' immigrants. We would refer to this as the EB immigration in this article. The EB immigrants constituted almost 22% of the total immigrants to United States in year 2005. The EB immigration process consists of four steps. There might be minor variations but the time periods for the processing described in this article remain very close to reality.
    1. Labor Certification - The US Department of Labor (DOL) administers this program. This process takes anywhere from 3 to 5 years. There are people in this queue who had applied for certification in 2001. Now imagine waiting that long for the first step. However, to its credit, the DOL has implemented a new program which has significantly reduced the time required for this process to less than 6 months. However, this program is beneficial to only those applicants who filed after December 2005.
    2. Immigrant Visa application - After obtaining the Labor Certification, the employer petitions the USCIS for approving the certified immigrant for permanent residency. This process can take anywhere between 1 to 10 months.
    3. Adjustment of Status - If a immigrant visa is available, (and there are only 140,000 that are available each year, with a cap of 7% of these per country) the USCIS then allows the immigrant to file for adjustment of status and if approved, formally grants permanent resident status more commonly referred to as the Green Card. It is during this stage that the immigrant is subjected to background checks by the FBI and medical checks by USCIS approved physicians. Currently, the FBI background checks are taking anywhere from 8 months to a whopping two years. Also, immigrants from countries like India and China which are the main source of high skilled immigrants find themselves unable to even file for the adjustment of status because of unavailability of visa numbers. Given the current scenario, it is unknown how long it will take for these immigrants to be able to file for adjustment of status, but it is very likely to exceed 4 to 5 years
    4. Citizenship – Five years after the Green Card is approved, the immigrant may apply for citizenship to the USCIS. At this stage, he has to undergo an additional background check, take a citizenship test before being eligible for approval.

    As can be seen from the description above, the whole process can take 5 to 10 years just to obtain the Green Card and an additional 5 years after that to obtain citizenship. There are people waiting to be sure of their status for even more than that. Given the uncertainty and lack of action from Congress to address the backlogs, some of the EB legal immigration applicants have come together and formed the organization http://immigrationvoice.org/. The goals include reduced waiting time for green card applications for EB immigrations, increased numbers for employment based green cards and ability to get certain benefits if the visa numbers are unavailable.

    Let me make clear what this wait entails. When you are working on a work permit like H-1B, your employer sponsors you for a particular position in the future as a part of the EB immigration process. What that means in reality is that your employer cannot promote you even if you are capable and the employer is willing. In the convoluted logic of EB immigration, if you get a promotion you have to start from step 1 again. That means you are back at the end of the 5 to 10 year queue. Also, spouses of the applicants are not allowed to work even if they are qualified until the primary applicant can file for adjustment of status. Now keep trying to explain to your spouse to keep his/her career on hold for 10 years. The net result of these impediments is that a large number of these people prefer going back to their countries of origin or other countries that offer easier and faster ways to obtain permanent residency and citizenship. That is a big loss to this country.

    And this is just for high-skilled and skilled workers, so our question and challenge to the anti-immigration lobby is ‘Are you willing to put your money where your mouth is and pressure Congress to pass a Comprehensive Immigration Reform to ensure that people can immigrate to the United States legally in a reasonable amount of time?’

    United States is undergoing an unprecedented change in demographic situation. The Baby boomer generation consists of 77 million citizens born in the years 1946 to 1964. The leading edge of this generation is entering their 60s in 2006 and a large number of the baby boomers would start retiring soon. This is a double whammy to the US economy. Even now, the employers ranging from small businesses in the north-east to big corporations like Microsoft are facing serious labor shortages. When a large chunk of US labor force starts retiring every year, businesses are going to be even more hard pressed to find suitable workers. At the same time, the demands for social services from this large retiree population would keep growing. The US economy would find it harder and harder to support an ever larger population in need of Social services support. Unless something is done to deal with the coming labor crunch, United States is facing a huge economic and social services meltdown. The businesses would either fold in face of global competition or go where they can find labor that would allow them to be competitive leading to additional job cuts in the US. The immigration policy this country adopts would determine the future of this country. The only solution to deal with the labor crunch is to allow more employment based immigration.

    As mentioned earlier, the total number of Employment based immigrants allowed per year by current law is 140,000 and it also includes the dependents of these immigrants. This limit was established in the early 90s when population of United States was smaller and a lot younger. This number has to undergo a sharp upward revision to account for the coming demographic challenge this country is facing.

    The current immigration law has rules that prohibit immigration from any country in excess of 7% of the overall immigration. As far as employment based immigration is concerned, this limit is of 7% is illogical. Skills are not evenly distributed in the world and companies do not hire people based on the country they come from but for the skill set they possess to get the job done. As president Bush aptly described "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems". This cap of 7% has caused the applicants from large countries like China and India to wait for years on end. As we all know, these countries are undergoing rapid growth. If the United States does not make an effort to retain this valuable human capital, those countries are going to benefit at United States’ cost.

    Every year, thousands of students from various countries come to the United States to pursue higher education. In a fairly large number of cases, the universities and various endowments provide financial aid to these students. It would make sense for United States to make an effort to retain this talent that has been educated in a large number of cases by the American taxpayers. It is a reality that the talent is sorely needed. Abolishing the country limits on the employment based immigration would make it easier to retain this talent and help ease the skilled labor crunch.

    The USCIS has serious issues in dealing with the magnitude of immigration benefits processing expected of the service. The Bush administration has made some not entirely successful attempts to improve the workings of the troubled federal agency. The United States does not become safer if an immigration benefits application sits entangled in a bureaucratic nightmare for years on end. The USCIS should be mandated to process all existing backlogs in a reasonable time frame and provided the resources and leadership to accomplish this goal.

    In the cacophony of anti-illegal immigration rhetoric, no one seems to be paying attention to the plight of the legal immigration applicants waiting for years for their applications to get processed. The United States is supposed to be the land of opportunity. The Congress should make an effort to ease the hardships of the people who have followed the law and are trying to immigrate legally so that these deserving immigrants also get a chance to pursue their American Dreams.





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  • frankiesaysrelax
    11-04 09:20 AM
    Check ICICI. I think it is called a NRE account. You can fund it in Dollars and Rupees and it could be repatriated in Dollars. So just open the account and have them deposit the monies India, you can draw it here. This kind of account is for NRI's who earn an income in India and want to access it here.
    There is a limit I think but it must be like $25K..

    Good Luck

    Two years back the limit was $25,000 per year. It seems substantially higher now. I did it through a one stop process at ICICI. Not cumbersome at all.

    I am not sure if it is as difficult as is everyone's impression in this thread.

    http://www.icicibank.com/pfsuser/icicibank/depositproducts/outward_remittance/out_remittance.htm

    BTW, I repatriated money from a resident Indian account (account that I opened when I was a resident). I did not personally get an RBI clearance etc.

    There were strict repatriation rules in the days when $s were in demand in India. These days RBI wishes there were less $s in the market. One of the reasons why the outflow is liberalized.

    Good Luck.





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  • ganguteli
    04-08 12:17 PM
    See

    http://immigrationvoice.org/forum/showthread.php?t=24331&page=2

    and you want to jeopardise the hard work just so that you get $25 worth. I think core team is wise not to get influenced by annonymous rants, management preachings and demands for transparency and management ethics.
    You need to first preach to your employer that is exploiting you and the lawyer who is charging you so much and yet you do not have a green card.
    Core, please do not listen to these people and do what is the right thing in the interest of everyone. Do not try to satisfy a few nuts who do not know what they are saying.





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  • paskal
    04-09 05:30 PM
    as i said earlier it gets a bit much
    but the thread does not mention a country
    merely talks of leaving- and that's free will aint it!
    now individuals will discuss it based on their own experience, and fortunately or unfortunately the majority here belong to one country, it really should not offend you, although once again i repeat, i do not think it is ideal.
    being so sensitive is easy here, bet you have much thicker skin at work in in your neighborhood. please show tolerance in your comments, that's all i asked. you can point out the same think politely, or gently refer to the irrelevance of the discussion which is clear anyway to most people. not a lot of contributors to the thread you may note....

    oh and by the way- when threads like this are shut down, people scream free speech. everyone will dislike something when there are 10,000 people. please chill out. live and let live.

    as for the plenty of people that won't come here- sounds to me like they forgot what the real problem is. just my humble opinion, but anyone that won't help with fighting this crisis because of petty trite reasons like "some threads are so country centric" would have been of no stinking use here anyway but to whine and complain. as it is barely 200-300 people bother with anything concrete.

    you on the other hand friend, i happily assume are better than that.
    please please ignore this silly thread and get on with what's important.
    i'm going to...won't see me posting again.



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  • amitga
    08-25 04:03 PM
    The poll shows that there are substantial number of cases from Yr 2004 or earlier. This shows that the Dates will be going back in October Visa bulletin. If the number of applications are 50 times of the polled numbers, then also it will take 2-3 years to clear the Yr 2004 and earlier applications.





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  • cse_us
    08-28 06:23 PM
    My current EAD expires this Friday. I e-filed on May 5th. Infopass after 90 days did not help. They approved my expedite request on 19th and said I should hear something in 14 days which is another 5-6 days.

    I did contact my Senator (Cornyn) who actually offers to help with time-sensitive problems with federal agencies. This was about 2 weeks ago, even before I submitted my expedite request. I'm going to give them a call tomorrow to see if they have heard anything.

    Despite all my attempts, nothing happened at NSC. The last resort, Local Congressman helped. The staff did an excellent job, resolved the issue in a matter of hours. Not only my EAD was approved right away, they also arranged a Letter indicating that my case was approved, so that I can present it to my HR.

    Before I called the congressman's office, I did have very little or no hope, as I went thru many things. This is a very happy ending.

    Thanks, and if anyone in the same boat, pls try all your options.

    Good Luck



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  • northstar
    08-11 12:42 AM
    One thing that forces you to believe its true is the date itself, why 8 MAY ? it somehow paints a picture that somebody did calculated the remaining visa numbers and arrived at the exact comfortable date. Guys, chances are its fake, but you never know. :)





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  • sertha1
    06-24 03:15 PM
    Hi bitzbytz,

    How much are you paying and for how many paystubs? Are you planning to go out of country for stamping? I am in a similar situation.

    Did you got the visa stamping dates?

    Thanks

    what do you mean by fake pay stubs, can you please clarify.

    I am in process of generating pay stubs for my wife by paying the employer tax...so that she is covered for the un paid H1 period.

    Why will this cause problem



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  • VMH_GC
    07-09 01:56 PM
    I just spread the news about flower campaign to my 5 collegues. They are interested to send. I already sent mine which will reach on 10th July .





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  • stldude
    07-19 10:29 AM
    My signature says it all.. Service Center - NSC



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  • ebizash
    10-15 02:04 PM
    This is not 100% relevant to this thread but since we are discussing APs here, I thought I will ask the question.

    Do we need AP to go to / come back from US Virgin Islands? I know that these islands are U.S. territories and should be nothing more than going from one U.S. state to another. The reason for my question is that the DOS website states that for travelling to USVI, the U.S. citizens should carry a Photo Id AND Birth Certificate to establish the U.S. citizenship. Many websites state the same thing and some sites mention that this is because of nearby British Virgin Islands. As you can just take a ferry and come from British islands to U.S. Islands, the Immigration authorities on Mainland need to check your immigration status. This is not the case for travel to Hawaii or Puerto Rico.

    Does anyone know for sure or have personal experience visitng the USVI?





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  • sunpost
    10-08 04:20 PM
    What is your EB category?

    When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.

    My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????

    MY PD is March 2006
    Filed 485 in July 2007.
    RD is Aug 2007.

    cheers



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  • GoneSouth
    08-16 01:25 PM
    I personally think that 6 month rule-of-thumb is nonsense.

    AC21 clearly states you can switch employers 6 months after your green card application has been pending. On what legal basis could USCIS then come back and deny citizenship to anyone for switching employers too soon after getting their green card?

    I'd really be interested to hear if someone has specific knowledge of a case where someone had their citizenship denied due to switching companies too soon after getting their green card.





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  • WillIBLucky
    02-07 01:43 PM
    I think your company HR should get convinced for filing in EB2. The lawyer will hear what your company HR says. Yes its salary and designation that matters. I think a Senior with Masters and good salary can ask for filing in EB2. But if your HR by rule has decided that your position does not require Masters then you cannot file in EB2.

    Most of the big companies have this rule. If you are with a small company and your access link to HR is not hard then you can convince them to consider for EB2.

    Good Luck.



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  • dilbert_cal
    04-06 05:25 PM
    I do appreciate your detailed reply - especially on these forums where civilized discussion is a thing of the past.

    My apologies for nitpicking on the DONOR definition and Congratulations on the new management philosophy you are going with. I hope you succeed in your endeavour.

    Still I've some open issues. If you look at the poll, there isnt a single person who voted NO. We should expect to see a healthy mix of Yes,No and Dont Care. But the way the poll has been put and partly the wording, partly the current IV environment, people are sceptical of putting their real thoughts publicly. This excercise is futile if you have minimal 'NO's --- hope you are getting my point here. The only thing you might end up with is x number of YES and hope to translate the YES into more dollar value for IV and there will be some YES who are already contributing monetarily.

    You are right in saying that we need to increase dollar contributions but tying it to frequent updates is not a practical thing. There are reasons IV Core cannot share their strategical plans with the masses and this is true in most places. By saying donate more and get more updates, we are setting us up for failures esp. if we expect 'real' updates. Even in an ideal situation, you will not have real changes every week and certainly not regularly.

    And once again thanks for the healthy discussion.

    All those who have voted - thanks for your response so far and agree with the sentiments expressed. For those who have not voted yet, please take the time to log in and vote - YOUR OPINION COUNTS!
    ...
    All I am really advocating is more transparency ...which should lead to more involvement as well. Thanks for your time.





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  • looivy
    10-02 03:10 PM
    You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?

    Unless somebody explains it to me in clear terms, it appears to be discriminatory.

    I am planning to write to Indian Ambassador (Meera Shankar) and complain about this less preferential treatment to Indian citizens by Indian government for OCI. I suggest you guys do the same.

    Template below...

    Meera Shankar
    Embassy of India
    2107 Massachusetts Avenue, N.W.
    Washington D.C. 20008

    Subject: OCI for children holding US passport with both parents holding Indian passport

    Dear Ms Shankar,

    Greetings!

    I am writing this email to bring to your attention a very important matter. We have a son who was born in USA. He currently holds a passport of the country of his birth (USA). I and my wife are Indian citizens with Indian passport who currently reside in ABCDEFG. While researching whether we should apply for PIO or OCI for our child, we found that OCI option is not available for our child. OCI in my opinion is a better option for our son than PIO because of the 180 days limitation on stay in India for PIO card holders and various other benefits.

    What I was appalled to find was that if I and my wife both held a non-Indian passport then our son is eligible to apply for OCI card. I find this policy to be very discriminatory to foreign born children of parents who both hold Indian passport and citizenship. I would like you and other policymakers to revise this policy and allow children born in foreign countries to be eligible to apply OCI card as long as any of their parent was or is an Indian citizen.

    Thanks.

    Yours sincerely,
    Your name
    Your address



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  • VivekAhuja
    06-30 02:12 PM
    Even though Freedom_fighter's intentions are right, the intelligence is too low. Did he/she suddenly wake up and think 'WOW, I HAVE AN IDEA THAT WILL CHANGE THE WORLD. 600 million legal immigrants have not thought of this but I did?????".

    The judge will dismiss such a case at the start by saying "please produce the culprit who put a gun to your head and told you to come to this country".





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  • EBX-Man
    05-31 10:58 AM
    EB3 is not working, because we have no hope, not because we all went back or have ported.

    h1techSlave you are right about why EB3 not working because they have no hope and not because they have gone back and/or ported.

    Surprising when i say thE same i get a lot of reds :D





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  • pappu
    04-10 11:54 PM
    Folks, IV is a platform to come and work on the common goal. Come join us and help out. Be an active volunteer and work on daily basis with us to solve the problem and make IV better. We need more real workers on the ground than strategy advisers, critics and Management consultants.

    Enough said. Actions will speak louder than words and you need to get involved to tell us your ideas. If you are interested to actively participate send us an email (info at immigrationvoice.org) with your valid email address with your name, phone number and what you would like to do to help IV. We will welcome your active participation and assign you leadership roles if you want.

    The thread is closed.





    amsgc
    09-04 10:03 AM
    Just in case there are some folks who haven't voted yet - please vote





    slammer
    01-14 09:29 AM
    well said :) ..months and years are passing by ..it seems more hopeless for EB3 - I. for those who have hopes ..nothing will happen for eb3 till june bulletin ..even then it is a big if. all the world needs to get their green cards then all of china, India eb2 applicants will get their GC's ..and then when US loses all its charm ..and EB3 (I) applicants are in their 50's / 60's - they will get their stupid cards

    I hope there's some movement for WW EB3. We go through CP and cannot apply for EAD/AD or so as we live in Canada and not in the US. Our only chance to legally live and work in the USA is that we will be current an get our interview in Montreal.

    Our PD is Feb/06, do you think there's hope for us to get the interview this year ? We've been current a couple of times in the last 3 years but never got an interview. That really sucks !

    Rita



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