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  • Totoro
    03-31 04:57 PM
    Here are the examples I presented (lightly edited). Anyone wanting to meet with lawmakers should feel free to use as much of these documents as needed.


    Case 1 (Waiting 10 years):

    - i left a very well-paid job after 5 years in multi-nationals before coming to US in 1999.
    - Did dual Masters from a top engineering school + business certification
    - Brought into US $25000 from savings abroad for my studies; Took $25K More as a private loan and have paid it off long back.
    - Never considered myself underpaid in USA. My compensation is amongst the best.
    - Have owned a house since 2002 and raising two US born kids, of course paid taxes for 9 years.

    - it is the quality of life AND the quality of PEOPLE that i wanted to work with: one of the reasons why i came to US.
    - Would like to buy a larger house and can certainly afford it today with a credit score over 800.
    - Would like to start my own company, or try to do something different & more strategic for a job function.

    i have been in the EB3 queue since 2004, with no respite in sight. All is clear except that there are no visa numbers available.

    The issue as you all agreed to - is that this is painfully slow and everyone like me is stuck with one employer and the same job.

    As employers and their lawyers often decide when and in which category a candidate can apply, the employee is left at their mercy. It is understandable if an employer is sponsoring, they must benefit for their investment. Question is how? is 5 years of 'must-serve-us' good enough, or 10, or 15? When can an employee have the mobility?

    Why is it that someone with equal or less qualification / experience can become a US citizen 5 to 10 years before me? Just because they were born in a different country? Because their employer decided a faster EB category? Because they married a US citizen?

    I love America and remain grateful for the opportunities it has provided.
    However, I have trained a lot of US citizens / GC holders who have gone far ahead in career, and I am still doing the same.

    Liberty seems only a statue at times.

    Case 2 Engineer (Waiting 15 years):

    I have been in this country for more than 15 years and still waiting for the GC...I have never been out of status all along...Here is my story...

    I came to US in 1994 fall to attend graduate school and started working from 1997 as transportation engineer. I applied for green card in 1998, but unfortunately the rules were different and the goal post seems to change every time.

    During that time all engineering fields were clubbed together (computers, mechanical, civil etc.) under one generic field for labor certification purposes and therefore the wage requirement was much higher than what a typical transportation engineer would make at that time. Therefore my labor was denied. After talking to my immigration lawyer I was left with two options...Pick up a job that paid the asking labor certification wage (which was skewed and next to impossible) or send additional documentation and references to convince the dept of labor that transportation engineers do not make that much money and that I am being paid more than the prevailing wage for 'transportation engineers'. . After I send additional paperwork to dept of labor based on the suggestion given by my lawyer, what if the dept of labor still denied my labor? I would have been back to square one, and moreover I would have lost a year or two on H1 status. Please note that at that time you had ONLY 6 yrs of H1 visa and it COULD NOT BE EXTENDED EVEN YOUR IMMIGRATION PAPERWORK WAS PENDING. The above rule came later (instance of goal post moving), but I had to make my decision based on what the rules were at that time. So I decided to go back to school in 1999 and attended graduate school to get a computer science degree.

    In late 2000, I joined a company in CA and resumed my paperwork for the green card. My labor was approved and filed for 140 and 140 was also approved in 2002. In 2005, my spouse started to work full-time and started the green card process. We finally applied 485s in 2007, but are still waiting for the approvals. It took CIS almost A YEAR to get our EADs! That too after many calls, letters and contacting the local senator! What an inefficient bureaucracy!

    When the economy was good, I was helpless with CIS rules and its bureaucracy. By the time I received my EAD, the economy is in shambles now...In the process, I had nothing to show for the past 5 yrs!

    Few years back there was a pilot program at TSC where they issued FB green cards under fast track. I personally know someone who applied for their parents, and they got their green cards within 60 days! Their parents never visited US before and during their first ever visitor's visit, they have their green cards? Here I am, came to US in 1994, attended graduate schools, paid tuition, contributed to research, paid my taxes, never was out of status and most importantly, played by the rules, but I am still waiting in this mess!

    Case 3 Partner (Waiting 14 years):

    I've been here for 14 years now; and my wife for 9, legally for every single day. We have two US graduate degrees each. We have paid over $100,000 in federal income tax alone, in each of the last few years. We own our home. Our child was born here. I am a partner at my firm. And we have many wonderful friends here. But we continue to wait indefinitely for our green cards. Citizenship seems an impossible dream at this point.

    Any provision that would bring us closer to citizenship (such as "citizenship fastrack for those who've legally been in the US for more than 10 years" and/or "paid taxes for N years" and/or "earned US graduate degrees" etc) would be very welcome.

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  • Saralayar
    04-10 01:13 PM
    NKR & saralayar, you guys are stirring up Hornet's nest ... ppl will come up with loads of arguments from both sides of fence .. its best to not to change the diection of the citizenship discussion ..

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  • sanhari
    07-16 09:56 AM
    I am writing to the local congressmen, to request USCIS to apply the spillover visas to EB cases with older priority date first (irrespective of it's category or country). I hope this will help, if lot of these local congressmen/women contact USCIS to handle this spillover in a fair manner, allocating to older priority date cases first irrespective of category or country. All EB3 folks please take some time and do the same writing to your congressmen about this issue.

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  • sunny1000
    01-12 08:48 PM
    Of course the plan is not to imitate what Canada has directly, I'm sure the current job offer would have a big role, it does in canada too to a certain extent.
    Also the EB queue needs to be considered while moving to the skill based one.

    "Also the EB queue needs to be considered while moving to the skill based one" - I don't know what you meant by this line but I am in no mood to restart my GC application (for which I have been waiting for the past 9 years) just because some genius (whoever that person was) woke up one morning and decided that all the applications need to be reformed into a points based system.


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  • Ramba
    09-25 05:25 PM
    No. It was changed in the middle of 2008. The DOS consulted with the Congress on this and came to the conclusion that there should be horizontal spillover before vertical. I don't want to go into whether this was right or wrong, fair or not. This is the current policy.

    You can see ample evidence in the annual visa allocation once you compare 2005/2006/2007/2008 allocations. EB3-ROW and EB3-ICMP benefited till 2007 because of vertical spillover and EB2-I & EB2-C have been the beneficiaries of the horizontal spillover policy since 2008.

    It is not the policy of DOS or USCIS to follow horizontal or vertical spill over. It is law. Both federal agencies (DOS and USCIS) has to obey the law by strictly following what INA section 201, 202 and 203 says, irrespective of how the law is unfair to any catagory. The law is very clear about spillover; it is horizontal. One has to read word by word in the law book to understand how the allocation of EB visas are made.

    If DOS properly followed the INA as amended by AC21 act in 2000, EB2-I never retrogressed since year 2005. EB2 I might have been always “current”. EB3 including ROW might have been much worst situation than now. EB3-IN would have beeen (always) be in disaster state since 2001. Though it is unfair to (EB3) many, this is what the law. Here is the historical events what happened in EB catagories.

    In later part of 1990s EB categories were retrogressed for IN, CH by about 2 years. When AC21 law passed in 2000, it did two very important things. One recapture of about 216,000 EB visas and it removed country quota in each EB category if excess visas available, in that category. That means it enforced horizontal spill over. In simple example, consider Mexico which is most subscribing country. Lets assume in a fiscal year, 40,000 Mexican are eligible for EB2 visa(and no other citizens in EB2), and millions of Mexican eligible for EB3 and in family based categories, still DOS should issue 40,000 (100% not 7%) EB2 visa to Mexicans irrespective of how much demand in other categories. Because of tons of backlogs in 485 (between 2000 and 2004), particularly in EB3, DOS issued about 185000 (out of 216000) to EB3. That’s why EB3 was current between 2000 and 2004. They simply ignored the EB2 demand by India and retrogressed in 2005, though total demand for EB2 less than the available pool of recaptured visas. Since the year 2007, they realized the mistake and now (since 2007) they are following correctly (though may not fair to EB3) the law. If they follow correctly the law, EB2-IN, Ch will become current soon. Till all EB2 become current, EB3 never see any spill over. Till EB3 –ROW become current, EB3 IN will not see any spill over. Till that point EB3-In will get only 2800 (7% od 40,000) EB3 visas per year.

    EB3 folks should thank to DOS for misallocation of EB visas between 2000 and 2006, particularly between 2004 and 2006. Now they are exactly following the law book. As title of this thred eays IV help or heavy lobbying is need to change the law to bring back vertical spillover, to ease the EB3-IN clog. They need to work hard.

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  • jonty_11
    05-22 01:02 PM
    please make those calls...it is for the HR bills posted on the Home Page....CHC to support those would be awesome...


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  • mani_r1
    04-13 09:58 AM

    I am going to efile my application. I think the e-file instruction sheet shows to mail it to TSC. Should I be going mailing it to TSC or to the LockBox?


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  • crazy_gc
    02-01 07:38 PM
    all this is very confusing....can the core team give us an update...it will be really appreciated at this point


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  • amitjoey
    12-13 01:44 PM
    Atleast add one new member till dec31st. Fellow IV members, If you CAN Contribute brilliant ideas and discuss a lot of options/ideas, why cant you add atleast one new member. Its all empty talk otherwise. We can do it together.

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  • Macaca
    06-29 04:07 PM
    AILA is trying to establish a precedent by saying that only the VB is the one that should determine the visa availabulity.

    This means that restting VB dates is legal.

    I can not believe AILA and immigration lawyers are so incompetent. What are they fighting? Just amazing! No end to Immigration crap!


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  • nk2
    07-19 09:11 PM
    In the past 2 days 3 labors from PBEC were approved from my Company. The PDs for them are 2004.

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  • payur
    01-18 08:33 AM
    ...recurring contribution.

    Good Luck to IV - Hope this year turns things around for us!

    Just wanted share this, my friends didn't know about immigrationvoice.com and as of yesterday two of them have contributed. My sincere thanks to them.



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  • rdehar
    07-19 02:37 PM
    Thanks for the quick response, much appreciated. I think I have the answer to my question.
    1. RD will determine sequence in which AOS are looked at by case officers at USCIS. So July applicants with 2006 PD will geat EAD/AP, etc sooner than October applicants with 2002 PD.
    2. In the event of retrogression (say to 2005), only those applications which have a current PD at the time of visa approval will get the green card. So 2002 PD will get GC before 2006 PD.

    I hope I understood correctly?

    A 2002 PD would get GC earlier that 2006 PD, even though the 2006 PD may get EAD/AP and other benefits earlier. EAD and AP have nothing to do with PD, only I-485 depends on PD.

    Just pray your labor is approved by the time the dates move forward (hopefully in October).

    Also -- it doesn't hurt to be prepared -- get all documents ready asap ...

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  • naidu2543
    05-15 10:52 PM
    Just had a Q..if the last one in the list is a senator (Robert Menendez), should we ask him to support the house bills? no matter what, I already asked him to...

    You got it. Sen Menendez is a key member. Even though there is NO companion bill in the senate right now, we need his support.


    Please hold on to the member list on the 1st page. As I said, we do have a reason why we are going with that member list. We will move as we needed.

    I called offices. Please make sure that this list is also addressed. I do not understand why IV is ignoring this bill?


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  • vpajjuri@yahoo.com
    10-10 01:48 PM
    Hurray. finally got my new passport today in mail.

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  • naidu2543
    05-01 08:52 AM
    I am a junior member and donate $50 to the IV every month. I am in the same boad with PERM after the audit. I do not understand why you guys are getting hostile with the guy that asked a question. It is a genuine question and needs discussion on the board whether you like it or not.


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  • kshitijnt
    05-14 06:59 PM
    1. Can we move from CA to TX after I-485/EAD/AP is filed from California?

    You can move but are you changing employment? If yes, AC21 kicks in only after 180 days after filing 485, assuming 140 is approved.

    2. We do have a PO address is Texas now and have an apartment in CA for next 5 months.
    Do you recommend to use the Texas PO Box address instead of California Apartment address for USCIS I-485 application such that we can avoid the Change of Address with USCIS later?

    Check with lawyer, you can change the address later. But I think your move is too soon, so again check with lawyer.

    3. What are RISKS of moving from state to state during I-485 process? Did anyone do that in this forum?

    People have done this before but again check with lawyer, your move seems to be too soon

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  • santb1975
    04-08 12:40 AM
    I found a Immigration Voice Group on Linkedin. Does anyone have an Idea of who verifies the credentials and makes you part of the Group. I sent in my request to Join the group already. Thanks

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  • pappu
    03-24 08:38 AM

    Did you ask in the IV Free attorney call? Some of the top attorneys come on this free calls every week.

    08-14 09:10 AM
    Sorry to hear about your aging out issue. I think there are more out there than anyone realizes.

    My son aged out while I was waiting for labor cert clearance too. He is now 22 and has been in the US since was 14.

    I hope and pray every day there will be some relief for our families.

    Every now and then another case pops up here on immigration voice and I feel it entirely appropriate that this issue is put in with the aims of the group since it is a problem entirely created by the broken employment based immigration process.

    Please listen to our voices core group and do not forget us. We are in the same queue as you all whose children benefit as derivative green card applicants, our children are just a little older when they came here and have become forgotten victims.

    05-17 12:43 AM
    whats cp?

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