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  • oliTwist
    12-10 08:06 PM
    stop crying, our real problem is unfair country quota & retrogression. Help IV fight for our common goals.

    I can't help but think about this story after reading your post.

    A fox, upon failing to find a way to reach grapes hanging high up on a vine, retreated and said: "The grapes are sour anyway!" The moral is stated as "It is easy to despise what you cannot get". ;)

    But I think we all agree to the point htat HydGuy is making..

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  • logiclife
    04-23 04:22 PM
    Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved.

    Lets keep the momentum going.

    You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.

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  • Jbpvisa
    07-12 11:01 PM

    July 12, 2007

    Michael Chertoff, Esq.
    Department of Homeland Security

    RE: USCIS Decision to Reject I-485 Filings

    Dear Mr. Chertoff:

    It was a pleasure and an honor to meet with you and to share my views during your panel discussion at the Harvard Worldwide Congress June 15, 2007 in Washington, D.C. I understand and appreciate that the responsibility vested in you as the Secretary of the U.S. Department of Homeland Security is no simple task. We applaud your service to our nation. After meeting with you personally and speaking with you, I am more convinced than ever that you will do the right thing for our country and for the people you serve, both in terms of securing our nation and in being the leader of the DHS, with over 20 federal agencies reporting to you, including the USCIS.

    Purpose of this Letter

    I am writing to you at this time to address recent actions by the USCIS to refuse to accept I-485 adjustment of status filing during July 2007 that are having significant impact upon the reliability of the legal immigration system in this country, as well as impacting legal foreign nationals and the many U.S. businesses that rely upon the work they perform.

    USCIS Decision Contradicts its Long Standing Procedure

    In contradiction of its own long standing policy and procedure, we understand that the USCIS, through its Director Gonzalez, contacted the U.S. Department of State (DOS) and requested or required the DOS to issue a �revised� Visa Bulletin on July 2, 2007. The USCIS then used the revised Bulletin to refuse to accept I-485 filings. This decision deprives thousands of foreign nationals, and their families, of the rights and privileges that are attendant to the I-485 filing.

    These Highly Skilled Professionals Followed All the Rules and Believe in the American Dream

    These professionals and their employers have played by our established immigration laws and rules. The vast majority of these thousands of potential applicants has a U.S. employer corporation, university or other business as a sponsor for permanent resident status. The exceptions from an employer are for those who are considered of �extraordinary ability� or whose work is in our �national interest.� Many of these applicants have completed their Bachelor�s, Master�s and/or PhD programs from U.S. universities. They believe in the opportunities of this great nation and strive to achieve the American Dream by following all the rules, working hard, paying taxes, and striving to do the right thing. They believe in this country, and rely upon our systems, our government, and our processes. Unfortunately, on July 2, 2007, we let them down. The USCIS abandoned its own system and long standing practices. This happened through manipulation of the use of visa numbers, insisting upon the issuance of a "revised visa bulletin," and instituting the USCIS policy of rejecting every employment-based I-485 that could have been filed during the month of July 2007.

    USCIS Decision Denies Substantive and Procedural Rights to Highly Skilled Workers and Their Employers - Many of Whom Have Already Suffered and Will Suffer Further Harm/ Injury

    Not only does the USCIS' action harm the individuals and employers involved, it undermines the reliability of our entire employment-based immigration system. The unexpected decision of the USCIS to refuse to accept any I-485 filings denies both substantive and procedural due process rights to would be applicants across the U.S. All of these applicants are employment based (EB) applicants who are primarily highly skilled professionals or experienced workers, that the U.S. seeks in high demand areas, including: science, technology, medicine, research, business, academia, and education.

    The harm in not accepting the filings in July 2007 goes beyond mere delay. In reliance upon the July Visa Bulletin, starting in mid-June 2007, these applicants took the steps necessary to prepare their filings and made decisions in reliance upon the USCIS accepting their filings during July 2007. In order to be present in the U.S., as required for these filings, many applicants and their families canceled travel plans abroad or arranged to return to the U.S. on short notice missing family weddings and other important life events. They undertook medical examinations and paid for the required tests which must accompany the I-485 filings. (The USCIS had refused to waive this requirement even temporarily.) They hired lawyers to process their paperwork; they arranged to obtain documents from abroad on an expedited basis, involving foreign lawyers and foreign governments, all at a significant cost. They made employment and other strategic immigration related decisions to be able to process their I-485s for them and their families. Some canceled visa appointments at the consulates, or withdrew other immigration filings, all in reliance upon the USCIS accepting I-485 filings during July 2007.

    The applicants and their employers lose the rights and privileges that accompany the filing of the I-485. These include eligibility for the Employment Authorization Document (EAD) and Advanced Parole (AP), thus eliminating the need for the individuals and their employers to make the filings necessary to maintain a non-immigrant, temporary status. These same ancillary benefits also apply to dependant family members. Most importantly, those that have not filed I-485s are not eligible for "portability" benefits under the �American Competitiveness in the Twenty First Century Act� of Oct. 2000 or �AC21� as it is sometimes referred to. This ineligibility for AC21 portability forces career stagnation. This is to the detriment of the individual as well as their sponsoring employer. Under AC21 portability, employers can promote and/or relocate employees to positions that are the same or similar job classifications as the positions for which they were initially sponsored. Individuals can utilize these provisions for career advancement, and for entrepreneurship. Given that the green card process often spans many years, AC21 portability allows the necessary flexibility to permit the case to continue, to accommodate changes in the sponsoring employer's needs as well as opportunities that are specific to the beneficiary.

    The list of stories of individuals and families harmed by the USCIS decision is endless. We have for example, many spouses who will now be separated potentially for years on end, as one received a green card during the USCIS' June "rush," while the other is now ineligible to file.

    The USCIS decision also created a burden on U.S. employers. Further delays in the green card process mean that, at best, U.S. employers have to continue to file temporary petitions to keep their workforce in the U.S. legally; at worst, it jeopardizes the availability of this needed highly educated and skilled workforce.

    USCIS Motive is to Collect Millions of Additional Filing Fees

    Many are baffled by the USCIS decision to reject I-485 filings in July, and its use of the �revised� Visa Bulletin as an excuse. The suspected motive is the collection of the substantially higher filing fees that will be generated after July 27, 2007. This entire incident sends the wrong message about our government, our policies and our legal system reeking of greed and inconsistency. Even the appearance of such impropriety undermines our system.


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  • ckichannagari
    12-13 08:49 AM
    That's a good idea. A good way of generating funds for IV also. This way it would seem less burden for all of the members and they will be willing to come forward.


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  • nrupendra
    09-19 06:31 AM
    The rally was great, but disappointed on three fronts,

    1) Very few turned up from DC,MD,VA.

    2) The congress men thinks that we are illegal immigrants, as he is constantly mentioned illegal Irish immigrants.

    3) Robert mentioned that as if its an India-China immigration forum, I think thats going to do more bad for us then good. I think everybody agrees that there is lot of bad news about India and China, and Americans loosing jobs due to off shoring. Apart from that we have persons in same boat from other countries too, though I was surprised to see them.

    As mentioned by others we need to change the org name to immidiately.



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  • mheggade
    07-14 12:00 PM
    EB2 dates may be unavailable/ dont move. But it is just for a very short span of time. And after that EB2 dates start moving quickly again. I presume by 2009 october, the EB2 India PD will close to 2008. Any retrogression, if there is, in EB2 will be very mild from now on because of the spillovers.

    Regarding EB3: Every year there had been about 100k approvals in EB3 category, out of around 160K(even though there are 140k visas, there have been approving more because they are using unused family visa numbers) approvals in Employment Based Category. This is because of vertical fall outs of visa numbers. Now they have changed the scenario to horizontal fall outs (spreading across at the same category level( ex. EB2) irrespective of country of chargeability.). So this time it would be around 100K approvals in EB2 category.

    Let us make as much noice as we could because of EB3 retrogression. That doesnt effect EB2 movement. But may make it possible visa numbers increase for EB category by legislation. So we have to support this agitation made by our EB3 friends.

    I could seee all the EB3 folks with PD older than 2006 and EB2 folks with PD older than 2008 will be cleared off in the next two years. I am sure there wont be not more than 1 or 2 years delay between EB2 and EB3 categories in near future.And there are lot of things going to happen for employment based immigratin in the next two years.

    This EB2 movement of 2 and half years is just a first step by DOS.


    Can you tell us , Which Crystal ball are you looking in to ?


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  • zuhail
    03-10 11:25 PM
    I really think that if we just pursue aggressively on one and only item: Recapturing visa numbers, we would succeed.
    The moment you add anything to the bill that is to related to H1B revaildation inside US, eliminating per country quota limits or filing I485 when the dates are not current etc, the bill would be definitely doomed. Strictly no mention of anything else in the bill.

    Also most importantly the visa recapture efforts have to be concentrated for the Employment Based Categories ONLY. If we include the Family Based Category, we would lose the debate due to current high unemployment rate.

    I think that this is the only way to solve the retrogression issue -- to focus on only re-capturing visa numbers for use in Employment-Based Categories for educated foreign born professionals already employed in US.

    I sincerely hope that IV administrative team considers this item seriously and assign the highest priority and start fund raising immediately.

    By the way as for Mr.coopheal, I am not sure how updating my personal profile with all the filing dates accurately would matter at all for our discussion. Who gives a rat's ass about my filing dates anyway?.

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  • 3d Nirvana
    03-13 11:04 PM
    woa.... didn't some votes disapear?! I could have sworn grinch had 6 votes..


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  • vagish
    04-04 02:40 PM
    It is true. But either Corporate America or Lawyers does not want to address the issues raised by Unions or anti immigrants. They want free ride and does not care about working class. No bold leadership in congress to address both sides issues. Congress members are siding with any one of two groups. Everyone knows that compromise will easily pass. But compromise will not give free ride to any group. Basically moderate H1b and GC increase with protection to US workers without wage pressurw will get most of the congress support. Even with illegal immigration also it is easy to pass if they give citizenship to existing people and allow more workers with complete protection to US workers without wage pressure will get most of congress support.
    the reason why Mccain and kennedy partnership failed, because kennedy wanted to put the fair wage clause into the bill so that futurue employees can
    atleast get the prevaling wages( it makes sense logically ), but republican Mccain didn't like it because they want employer to pay what ever they feel like,
    if that happens you will see that in future the quota for low wage workers will also get filled in one day as we saw with H1B's yesterday, and then even 400000 for semiskilled workers would not be enough.

    Iam not saying H1B get paid less, but there is lot of abuse going on,
    1500000 application just on aptil 2 tell you a lot of things, no matter how much demand is there, it is outrageous.

    when american people see that corporate america wants quota less h1B , they going to be on the streets just like illigals were last year.


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  • indianindian2006
    07-14 07:05 PM
    So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.

    That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.


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  • apt29
    11-11 05:00 PM
    Is there any IV member in DC willing take up this task, while we work on document?

    The next step is really to get an appointment with the official. We can get signatures/representation much easily.

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  • singhsa3
    03-05 03:41 PM
    Personally, I think you are not thinking clearly. If I really wanted a mortgage do you think I would have been writting on
    My motive is simple and straightforward. I am looking for points that I can use to convince lawmakers and media that American will gain AND not loose by supporting our cause.

    I also plan to use the poll results during our upcoming meeting with lawmakers. If you have some better idea , which will enable me to use during such meetings, I am all ears.

    I have sympathy for your position, I feel blessed that my situation and timing were more favorable.

    The poll we are voting on was when did we plan to make a property purchase, my view and my opinion was that to me holding the green card wasn't the deciding factor.

    I agree there is risk in property values and the ability to liquidate.

    I acknowledge that your position is because of market conditions in the lending economy that have changed, in 1999 I got a mortgage after 3 months on H1b, and I know times have changed.

    But obviously you attempted to consider buying property before your GC approval, because of your mortgage rejection...which is due to lender policy.

    I thought the purpose of the poll was to measure the forums "plan and intention": when do you plan to buy a house?

    Are you waiting for green card approval or are you buying before?

    Perhaps it's an unfair question, because most people don't have the cash to just buy out right and are forced to borrow, at the lenders conditions.

    The other economic question is about property values and real estate cycles. The two rules of real estate are "location, location, location" and "timing".

    Then factor the security of your position.

    At the end of the day as I see it we have to choices, we either rent accomodation or we buy.

    It's up to all of us to make our own decision as to which route we wish to take and whether the cost of renting is the opportunity cost of buying.

    So here's my question to you...if you could secure funding, would you buy or would you wait for GC approval?

    Are you experiencing difficulty in securing a mortgage because you are not a green card holder? is a different question.

    my best wishes and good luck to all


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  • sweet_jungle
    02-13 01:15 AM
    most of the desi consultants seem to be concentrated in NJ or Chicago. Are there any reliable desi consultants for H-1 in CA? What are the websites which give info in this direction?

    What are the steps to be followed and things to watch out for in selecting a desi consultant?

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  • gccube
    02-20 04:58 PM
    Hope it gets there by the end of this year atleast.


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  • g_mat
    09-26 11:00 PM
    Dear Reader,

    Thank you for your interest in FSB. We admit that there was a
    mischaracterization of the Capitol Hill rally in the story and it was
    corrected as soon we realized the error.

    We have changed the story to correctly identify the mission as a protest of
    the long delays in securing green cards for highly-skilled workers already
    in the U.S.

    We will work to avoid errors like this in the future.

    Best regards,


    On 9/26/07 10:26 AM, ""> wrote:

    Mail re: reader comment

    subject: reader comment
    Gigi Mathews

    Thank you for addressing skilled workers shortage in your article "Wanted :
    Foreign Workers". However the rally held in Washington DC is by Legal Skilled Immigrant Workers ( not mostly legal) to address the delay in securing a Permanent Residency through employment. Majority of the workers are waiting for atleast 6-8 years in the same job on temporary visas, not availing the job progression which their education, skills and experience would otherwise offer on the permanent visa.

    Appreciate your effort in drawing the attention to one of major issues a vast
    majority of the American business is now facing.

    Kind Regards

    Gigi Mathews

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  • SunnySurya
    07-28 12:12 PM
    By the way Mr. Chantu,
    Read this


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  • Libra
    09-10 12:23 PM
    Andy_garcia, its good for you that your wife and kid are working. We people dont use consulting firm to get our GC, but got stuck with those companies because if we leave them we have to start whole GC process. So we dont want that to happen and wait for 10 more yrs to get our GC.

    I have been here for 8 years and I do not have the option of going back to my country like you guys from India. I applied for my 485 2 years ago and my son and wife are working already.

    When I was on H1, I was happy with the company. It seems that people who are using the sponsor company as a tool to get the GC are the ones complaininf the most about.

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    09-10 04:00 PM

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  • abcdefgh
    01-16 12:00 PM
    pls update your profile so that we can confirm.

    I just updated the profile. Could you please confirm?

    Sorry about making a commitment for only @ 20.00.

    Thanks again for all the effort done by IV Core.

    11-22 01:53 PM
    Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

    Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.

    There are ofcourse lot of ways to stay afloat on your GC process. But its all risky. Even expreienced Lawyers will say its possible and might go ahead as well. But something happens latter then the lawyer is not at loss. Its you who will bear the brunt.

    If you are saying that I am following the book to get my GC so be it. On my recent trip to Cleavland, Ohio I was in cab driven by a Indian and he was telling me that he made sure he always had a "American" girlfriend as in case of "troubled waters" he can play the safe and easy card by marrying the girlfriend. Smart, only if you are single :D

    So the gist of my message is there are many ways to keep afloat but its better to choose the correct one and risk free one unless you are already on the loosing side and this is the best you can do and the last leaf of your luck.

    12-10 05:32 PM
    Hi friends,
    I need your help!!!

    I'm here at California with L-2 visa. I can stay legally in US but i can not get a SSN number, i can work too.But For a driver license they ask for SSN. Do i still get the Driver License or no?

    Thank you very much...


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