gcnotfiledyet
07-15 09:26 PM
I have my original I94 from when I entered on F-1. And now I have the I-94 attached to my H-1B. Which one do I hand in?
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
Both have same I-94 number with different visa class and expiry date. I think you have to hand the one that came with h1b. I think either way it will be in system since both I-94 have same number.
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jazzy2
05-25 08:47 AM
Hi all
called Sen. Lindsey Graham
and Sen. John Macain
Both the numbers had an option on leaving a message or opinion on a legislation.
So i left a message ....
should i also speak to the staff??
jazzy2...
washington dc
called Sen. Lindsey Graham
and Sen. John Macain
Both the numbers had an option on leaving a message or opinion on a legislation.
So i left a message ....
should i also speak to the staff??
jazzy2...
washington dc
meyshimmi
02-09 11:07 PM
Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
2011 Display random quotes, facts
sujan_vatrapu
10-27 11:28 AM
Legal immigration problem cannot be solved by these channels. FOX channel is extreme right when it comes to the matter and interests of one of the party Republican party and they are biased for Tea scum bag party. But when it comes to other countries right issue they become middle men and the saviours of democracy. Please see below how they address India's own Nationalist and valid issues.
Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
Tensions Rise Between Hindu Radicals, Urbanites in Mumbai - FoxNews.com (http://www.foxnews.com/world/2010/10/26/tension-rises-hindu-radicals-urbanites-mumbai/)
any media in any country for that matter is biased, and mostly controlled by ruling party and their business interest. Never ever believe their analysis and take decisions.
shiv sena is an extreme outfit and their actions should be condemned, its not a right or left issue,
more...
Chelo
02-13 04:59 PM
Listen to
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER
.... Or whatever other four reasons you want to write
IV good reasons for joining IV
I. You don't want be waiting forever
II. You cannot make things happen alone
III. It is easier to work with a great team
IV. IV is a WINNER
.... Or whatever other four reasons you want to write
morchu
05-21 09:39 PM
1. No
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
more...
h1techSlave
07-16 10:26 PM
Well,I'm sure that the well versed senators and congressmen will be aware of these facts, and you are only losing you own credibility with them.
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
XXXXX
I would not spend time in correcting them. Apparently they are our enemy no.1, wanting to make huge reductions in legal immigration. By correcting them, you would be essentially making them strong, not weak. Why are we strengthening the credibility of our enemies?
Cheers,
h1techSlave
2010 the quotes on the display
ragz4u
02-19 08:12 PM
I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.
Hopefully other teams will take a cue from this and get together for achieving our target.
I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.
These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.
This is what we are planning to do in the next few days:
Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas
Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.
Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.
Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.
Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.
One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.
Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.
That is all from me for now. We plan to take action and meet again soon.
Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.
Thanks Everybody for your support and time.
It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.
Hopefully other teams will take a cue from this and get together for achieving our target.
more...
xu1
08-08 09:58 PM
I guess he is trying to lift the sunken spirits of the IV members. But I feel that if SKIL goes through, we will be fine. It all depends on SKIL
Yep.. Cheer up however we can.
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
Yep.. Cheer up however we can.
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
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Tito_ortiz
11-17 11:47 AM
Hmmm...
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. IUf there is no reform by January 2008 its not gonna happen.
Thanks
In my view I would say that it has more chances to go through between Jan 2007 and August 2007. After that, it is poticial campaign all over again.
That is just my humble opinion.
Regards,
Tito
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. IUf there is no reform by January 2008 its not gonna happen.
Thanks
more...
unitednations
02-27 12:27 PM
Hi all
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
Thank you!!
This is why consulates and uscis are so tough.
You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.
Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.
Sorry, not much good news for you.
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TeddyKoochu
06-25 03:47 PM
Are the locations of your employer and client in the same city, otherwise the LCA submitted at the time of H1B extension becomes inconsistent. I believe your best bet is to file a new H1 if possible, MTR likely looks difficult as your current situation is different from what was petitioned. New H1 being approved may also depend on how big your company is internal project to them for consulting companies to them is synonymous with bench. All the best I believe you need a qualified attorney to assist you.
more...
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gsvisu
07-12 08:54 AM
I would say put 'Retrogressions' and waiting periods also in perspective.
In the world and era of progression
We get the word of 'Retrogression'
In the world and era of progression
We get the word of 'Retrogression'
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chanduv23
08-05 10:56 PM
^^^^^^^^^^^^^^^
more...
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Blog Feeds
10-28 12:00 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhc9pMo-CnYtHoiWhZNDevsnfQitYHBO5KISon3MoGpX8BQlwq5kA41Pz6m3Tv0q-I3LCxNAzQXcbaPRk3Jr8MloGk1iEzdUgEyXFiDZ77rskJHWAYofiEkzL7dDjbuJdKQ4-fh72DWJZc/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhc9pMo-CnYtHoiWhZNDevsnfQitYHBO5KISon3MoGpX8BQlwq5kA41Pz6m3Tv0q-I3LCxNAzQXcbaPRk3Jr8MloGk1iEzdUgEyXFiDZ77rskJHWAYofiEkzL7dDjbuJdKQ4-fh72DWJZc/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.
I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.
However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).
My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:
First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.
Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.
Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).
Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.
Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.
I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).
The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.
We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).
You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:
India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.
China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.
Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.
And these waits are from when the person STARTS the green card, not when they come into the United States.
I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.
The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.
Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?
I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhc9pMo-CnYtHoiWhZNDevsnfQitYHBO5KISon3MoGpX8BQlwq5kA41Pz6m3Tv0q-I3LCxNAzQXcbaPRk3Jr8MloGk1iEzdUgEyXFiDZ77rskJHWAYofiEkzL7dDjbuJdKQ4-fh72DWJZc/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhc9pMo-CnYtHoiWhZNDevsnfQitYHBO5KISon3MoGpX8BQlwq5kA41Pz6m3Tv0q-I3LCxNAzQXcbaPRk3Jr8MloGk1iEzdUgEyXFiDZ77rskJHWAYofiEkzL7dDjbuJdKQ4-fh72DWJZc/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.
I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.
However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).
My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:
First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.
Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.
Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).
Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.
Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.
I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).
The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.
We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).
You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:
India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.
China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.
Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.
And these waits are from when the person STARTS the green card, not when they come into the United States.
I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.
The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.
Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?
I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)
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satyasaich
10-21 10:16 AM
That means let Immigrants suffer in hell. with this ignorant guy's letters, and inturn USCIS responds and issues a dump memo on that letter again, and the suffering becomes more and more day by day. Is the republicans have majority or Democrats I have doubts about that. This bipartisan is a key word to do nothing and enjoy all the benefits of being the ruling side. There is no seniority issue here. These senators are weeds who make immigrants life miserable.
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
Like Ron hira mentioned, try to take a look from politics and 'election' perspective.whether he wins or loses, always tries to be in the news. just ignore.
earlier we have this kind of nonsense from Sen.Sessions and earlier to that Sen.Sensenbrener . These kind of people come and go, but how much they can achieve? Do they really know the implications of what they talk? my sincere guess is 'nothing', other than just want to be in the news
more...
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SR2610
04-13 04:19 PM
apart from all above there is a risk in going to Canada or Mexico for stamping. If you dont get visa in Mexico, you need to go back to home country to get visa.
I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(
I just entered 7th year, applied for H1 extension, not sure to go to Canada or wait for trip to Home country :(
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skd
08-15 01:20 PM
Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
I am NOT the one who gave you red. I never give anyone red even if i don't like the post..
I will just give you my "green"
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Ann Ruben
02-11 09:30 PM
Hi Euclid,
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
In my opinion, your situation clearly falls within the "receipt rule". The rec't for replacement of the lost EAD is good for up to 90 days. Below is an excerpt from the the most recent I-9 Handbook for Employers published by USCIS. This pretty clearly differentiates between a rec't for an initial or renewal application and a rec't for an application to replace a lost document.
Ann
Q When can employees present receipts for documents in lieu of actual documents establishing employment authorization?
A The “receipt rule” is designed to cover situations in which an employee is employment autho- rized at the time of initial hire or reverification, but he or she is not in possession of a document listed on page 5 of Form I-9. Receipts showing that a person has applied for an initial grant of employment authorization or for renewal of employment authorization are not acceptable.
An individual may present a receipt in lieu of a document listed on Form I-9 to complete Section 2 of Form I-9.The receipt is valid for a temporary period.There are three different documents that qualify as receipts under the rule:
32
1.
A receipt for a replacement document when the document has been lost, stolen, or damaged.The receipt is valid for 90 days, after which the individual must present the
replacement document to complete Form I-9.
Note: This rule does not apply to individuals who pres- ent receipts for new documents following the expiration of their previously held document.
mjdup
11-05 12:27 PM
Can donate 20K miles from American Airlines, great idea and way to help the core team.
beautifulMind
11-03 08:30 PM
The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it
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