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  • mack
    02-28 10:51 PM
    Here is the first cut at story on 'Issues with GC + Retrogression 101' for media & public. Here goes:

    Why there is no green light on green cards?
    - By Vijay Reddiar

    There have been lots of discussion and spotlights on H1-B issues in the past. One of the least heard, but the most pressing issue that continues to plague day-to-day lives of thousands of high-skilled legal immigrant workers in the US is Retrogression causing deep anxiety, frustration and considerable delay in processing and approving of permanent residency, also called Green Card.

    For employment-based green cards, every country has a fixed number of immigrant visas or quota on a per-year basis. When I-485 adjudication or adjustment of status from non-immigrant to immigrant status (example H1-B to Permanent Resident) successfully concludes, it leads to approval of green card. This approval requires a visa number to be available. But, if the visa quota for a country has been used up, visa numbers become unavailable for that country. This unavailability of visa number is the effect of retrogression, wherein, the US Department of State, based on the current demand for the visas decides allocation of how many visa numbers can be released to meet the demand and be in conformance with the pre-set quota.

    Employers file for green cards for skilled professionals to obtain a legal immigrant status for future employment. Skilled professionals who have green card processing pending typically wait for their green cards to be approved for an average period of 5 years. During this period, they have very limited, if any, freedom to exercise choice with changing jobs, or getting a raise or promotions, being with the same job, title, position and employer with no way out until it gets approved. The only way out would be to risk losing your green card or having to start all over again. Family members of such skilled professionals share the pain as well. Spouses who would like to obtain jobs and attain financial freedom do not have the legal rights to work until they at the least have an employment authorization. Children of such professionals who apply for college cannot benefit from federal government loans, but instead need their parents to seek private loans. Becoming a legal immigrant has become an increasingly challenging and frustrating experience as has been noted by the experiences of each individual of this community. Unless a legislative reform is made, green cards are not only going to be tough, but also seemingly impossible to materialize.

    Immigration Voice, a non-profit organization in the US, founded in Nov 2005 has begun grassroots level effort to alleviate the untold sufferings of high skilled professionals and has been working actively through volunteer members of the organization, that has grown to 9,000+ members in just more than a year. Immigration Voice recently hired Patton Boggs, a top public affairs firm for lobbying efforts towards the immigration goals of the high skilled worker community. Immigration Voice is now heavily engaged pursuing CIR or the Comprehensive Immigration Reform which will be introduced in the Senate in early March 2007 and then proceed to the House before it will be signed by the President to be enacted. This may very well be the ray of hope for the thousands of immigrants stranded on the not-so-green-now land of green cards.

    For more information on Immigration Voice, please visit –

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  • Carlau
    06-18 10:53 AM
    Where have your read that?

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  • logiclife
    05-29 11:14 AM
    Kavya Shivshankar won the spelling bee 2009

    I watched the entire fiinal. Apart from kavya my favorites were Kyle Mou and Tim ruiter. This was Kyle's last chance, but I hope Tim wins next year.

    Just thinking aloud : Out of 11 finalist 8 were kids of immigrant parents (7 of them indian). is it just co-incidence ?

    I hope after watching this, americans should now have no doubts that imiigrants are here not because they work for less but because they are good at what they do and they are hard working people.

    This whole spelling bee thing is the stupidest thing I have ever heard of. By any standards, it is pure and simple torture to subject the kids to memorizing thousands of words and their stupid spellings. And what use is that? Have they never heard of something called SPELL-CHECK in Microsoft Word and other email services ?

    Or are they afraid that their kid will go to a job interview and someone might ask them to spell the word that no one on the planet ever uses and is only present in the Oxford Dictionary.

    Those who subject their kids to such a regimented, rigorous, scripted childhood are preparing a next generation of work-force that would only know how to follow the orders and accept directions.

    85 % of the fortune 500 CEOs are not MBAs. And the other 15% that have an MBA, only 3 of the 15 have done MBA from an IVY LEAGUE school.

    What that tells you is that too much education and scholarly childhood increases your job security, in that sense that you will never be unemployed, but it decreases the chances that you will be on the top or you will be a billionaire.

    The biggest prize goes NOT TO people who can follow directions and know everything, but who can GIVE directions and get things done.

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  • teachamerica07
    08-25 09:30 PM
    Go to the Trenton DMV . Take your ORIGINAL receipt and a letter from your employer . They will give you extension for 240 days . I got it done in May 2007.The draft of the employer's letter is as follows

    The Motor Vehicle Commission

    I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

    I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

    Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

    I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

    Legal & Regulatory Affairs Unit
    Motor Vehicle Commission
    PO Box 162
    Trenton, NJ 08666-0162


    Signature of
    individual certifying
    the information

    Print Name & Title


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  • shimul99
    10-23 09:11 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer today AP got rejected. The rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....but my lawyer told me that I can expect my card soon.

    I don't know how to react. The online doesn't have any update about the I485 status yet. They received my application on July 2, 2007.

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  • GooblyWoobly
    09-20 12:35 PM
    Look guys, sorry for the outburst, and sorry Franklin. I thank you for all the efforts you have put in.

    But see, just because you did something good, does not mean you should look down upon others!! Doesn't that make sense? :confused:

    For example, how would others feel if, say, a person holding a MIT or IIT degree says "These other low end degree holders do not deserve GC before we get it first"? [ Now do not get started on quality of IIT/MIT degree, but it's perceived to be better by most people ], or people with a US degree says "These other indian degree holders should not get GC before we do".

    Not everybody could make it to DC, but I'm sure a lot of them supported the cause directly (signing the petition, calling senators, supporting financially etc.) or indirectly (digging stories, telling the collegues and encouraging them, spreading the word etc.). Nobody should HAVE TO give an excuse for not being at DC, and HAVE TO be looked down upon if they didn't go.

    What my point is, do not divide the community with "DC Goers" and "The Others".

    As for me, no I didn't go to DC, and I don't see any reason to tell everyone WHY [ but I sure hope nobody, NOBODY had the reason I have ].

    Said enough!! Please PM me if you want to discuss further. Let's not take the thread off the topic.


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  • gunabcd
    05-24 03:42 PM
    How bad it can be for those with approved I-140?
    Earlier it was 140K times 7% = 9800 with everybody and now it is 90K times 10% = 9000 with most of them gone into new merit based system.
    I still don't get it?

    Good Point! this is actually more visas for same number of folks. Approved or soon-to-be-approved I-140 folks (like me) will get GC on time or faster and others with Maters degree will get GC in 1 or 2 years, and rest must have got admission to MS by now. and there will be some loophole to bank on which will be realized by our stupid Joe after a few years.

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  • acecupid
    07-19 01:39 PM
    I was under the impression based on some posts I read on other websites that even if your I-485 is approved before you applied for I-485 for your spouse, you can still add her if you were married before your I-485 approval date. Can someone confirm this ?? I feel the best way to handle the situation would be to apply for the I-485 of spouse on the date the PD becomes current. Keep all documents and applications ready and file on the first date. Since visa bulletin comes out 15 days in advance its good lead time to make preparations even if the movement of date is sudden.


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  • sparky_jones
    02-23 01:38 PM
    Yes, most Attorneys advise against proactive filing primarily because AC21 has no formal process associated like form, fee, reciepting or standard. It is based on guidance, most times the AC21 docs may or may not reach your file.

    Some Attorneys advise the HR to proactively file for AC21. There is one company (huge) where when you are being offered a job on EAD after AC21 - the HR dept makes a big fuss - asks for all documents like copy if Labor, 140, 485 reciept any any other documents and then makes you sign G 28 and then file for a G28 change in Attorney and associate AC21 docs with those. I guess, the Attorneys charge money so it is a business. If RFE or denial - then more money.

    My recomendation is to hire a ethical and realistic lawyer and not a greedy one

    Assuming that AC21 documentation does reach my file, is there any harm in it?

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  • srikondoji
    05-24 05:38 PM
    But look at the case before this bill i.e now
    With 140,000 we have more candidates in the backlog and many more joining through Perm process.
    If CIR is passed, many in the backlog will move to new merit system because their labor is still pending and no new GC application after May 21st 2007 also.
    So, you have lot less people picthcing against 10% of 90,000 visas vs the case now where there are lot more people for 7% of 140K.

    I still don't get why it is bad for everybody?
    It is definitely little better for those who can use older GC process/system with 10% of 90K visa numbers.

    Also, i bet there will be another amendment to add more to 90K for clearing the backlog much faster.
    what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.


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  • rameshvaid
    03-15 10:13 PM
    You are wrong here.

    I highly doubt they pull up state criminal record at POE.
    If its a federal crime, then i can believe that.

    You want to bet with me on this.. I am not wrong here. Why would I scare someone..Even if this is Misdemeanor or felony charges irrespective of wheather this is state or federal it is one's record and every officer at POE has an access to this record.


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  • laborpains
    08-05 10:04 AM

    See for your self what Pre-Adjudication means. Its literally conditional approval......

    Is it possible to equire USCIS if one's application is Pre-Adjudicated? Is there a number we could call for the status ?
    Thank You!


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  • rick_rajvanshi
    08-13 06:41 PM
    According to June 12 2008 memo from USCIS FAQ :

    If you filed Form I-765 more than 90 days ago and have not received a decision, who should you contact?

    If you have not received a decision within 90 days of the USCIS receipt date and you have properly filed your EAD application, you may apply to obtain an interim EAD by appearing in person at your local USCIS District Office. You must bring proof of identity and any notices that you have received from USCIS in connection with your application for employment authorization.

    PM if you want a pdf copy

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  • gcisadawg
    01-22 10:23 AM
    So, if there are 400k pending applications and recapture can get us 215K, has anyone done some analysis on how the 215k will be divided among countries and categories?

    Will this make EB2I current and EB3 I beyond say 2005?

    I don't think any analysis is done. That is only going to divide the community.
    Some would say preference be given to EB category benefiting EB2(I&C).
    Some would say PD should be given preference predominantly benefiting EB3(I).

    If they follow the current spill-over rules, as you are aware, EB category would be given preference.


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  • lost_in_migration
    05-14 10:05 PM

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  • Pineapple
    04-26 08:15 AM
    I think we should encourage members/readers to e-mail this article to others, even though it might be have been read by everyone.

    The reason is that headlines change every day, and are easily forgotten, but the "Most e-mailed" section is quite persistent.. Plus, many regular readers of WP (like me), simply jump to the "most e-mailed" section directly to check out the most interesting stories.. Also, the rank and durability of an article in the "most emailed" section is a direct measure of the perceived impact of an article.. making sure this article stay there is therefore very important.

    Maybe we should have a separate thread requesting members to email article from WP's website?


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  • pappu
    10-13 07:39 AM,1,2929779.story?coll=chi-news-hed
    write to--
    Oscar Avila
    Tribune staff reporter

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  • paskal
    11-08 11:25 AM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.

    good point. let's start doing it then...
    just my opinion..but festive occasions bind us as a community and yes that includes Eid and Christmas and the Chinese new year.
    Diwali celebrates the victory of good over evil, let's hope we can all bask soon in a festival of lights by getting some relief from retrogression....

    actually...and this is just me nitpicking now...Diwali is technically a Hindu festival not an Indian festival (since 20% of Indians are not Hindu), so the complaint may be more accurate if you point to the religious aspect...
    Of course it is widely celebrated in India...and the UK and going by the White house greetings and the huge melas the US :-)

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  • gcseeker2002
    12-06 11:59 AM
    I am probably waiting for the longest here for EAD, my app received on July 2nd at NCS. Called numerous times, sent form 7001, emailed senators twice, 3 infopass appointments, still no progress. I submitted expedite request based on humanitarian grounds last week, have been calling daily to check status of expedite and still remains pending. My case now pending about 157 days. Anything more that I need to do ?
    ^^^^ bump ^^^^

    03-03 09:02 AM
    I just PayPaled $300 yesterday. Please, keep all of us PBEC and DOL victims in mind as well. We need your help!!

    03-11 12:14 PM
    let us start May 2009 predictions.

    EB3-I 2003 October

    Vegas: Black
    Powerball: 1 7 13 35 37 41

    I'd trust vegas and chance more than USCIS. A tarot reading may be more accurate.

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