sankap
07-05 03:28 PM
http://online.wsj.com/article_print/SB118359095890657571.html
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
Reversal Frustrates Green-Card Applicants
By MIRIAM JORDAN
THE WALL STREET JOURNAL: July 5, 2007
The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.
The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.
The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.
By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
[Green-Card Limbo]
The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.
"The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.
Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.
Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.
In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.
News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.
"My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."
Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.
The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.
A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.
Write to Miriam Jordan at miriam.jordan@wsj.com1
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doggy
07-22 04:25 PM
As per my attorney, even if you enter the country on AP, your status can still remain H1, if you are using it to work (instead of EAD).
StuckInTheMuck
04-29 10:24 AM
AAAaaaaaaaaaCHhoooooooooooo!!!!!!!!!!
Yeah, the virus is about to mutate and leap out of this page to infect me - the next big thing in sci-fi genre :)
Yeah, the virus is about to mutate and leap out of this page to infect me - the next big thing in sci-fi genre :)
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saibaba
12-09 04:22 PM
... one on the cover letter of LC approval on top left, with job code and other details
and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code
hi there:
I don't have access to cover letter and in the other document which "Application for Alien Employment Ceritification" belong to US Dept of Labor, i'm seeing "dates forms received, Ind Code,occ code, Occ title"....in the BOTTOM RIGHT corner ....
Is this the place you are referring to?
and other, on first page of original LC, bottom left, on the oval blue ink stamp that they put along with PD, LC officers signature and job code
hi there:
I don't have access to cover letter and in the other document which "Application for Alien Employment Ceritification" belong to US Dept of Labor, i'm seeing "dates forms received, Ind Code,occ code, Occ title"....in the BOTTOM RIGHT corner ....
Is this the place you are referring to?
more...
sri@180
02-08 11:27 PM
I went to usa on h4 one yr back.h1 is approved on nov2007.Before approval i faced one query because my employer assaign she is going to work on particular location,he mentioned city of USA also.So they raised query why only that place.My employer replyed that query and after few months i received I-797B form in the place of I-797A approval notice.That says i am not applied h1 from USA.In that time we mentioned, we are applied from USA.In that situation i have to go for stamping .But I have other option,we amended that h1 I-797B.We did premium process.With in one month i got h1 approval notice in nov2007.
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
I am the first employee to my employer.Is there any querys raised on this.I have one month paystub.My employer going to send tax returns of 1 yr,wages,project details,client letter.Do i need other than these documents from my employer.pls tell me.
Now i am in india.I have to go Embassy for stamping.Which location shall i go for stamping in India.
Will embassy people check indian experience also.Because in indian company i have few problems with documents.If that experience will not match with the my h1 ,i mean what i submit in the process of h1.Is any queries raised.
Now i am in india.I have to go Embassy for stamping.If i face any queries in my h1 stamping,can i go USA in that time period to USA by h4.OR Did I have to stamp h4 also because my husband changed other company.My h4 is going to expire within 5 months.
In many forums i requested for replys.No result,I received only 1 reply.Pls help me.Thanks for your patience by reading this long mail.
Need Advice pls.
OLDMONK
07-06 11:35 AM
Poor Coverage in Media Regarding a Very Important Issue where governmental agencies (USCIS/DOS) took unprecedented/unlawful route and resulted in millions of dollars wasted and dreams shattered of hard working, lawfully present Highly Skilled Immigrants.
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
My Question is why is media acting like an Ostrich on this issue? Answers anyone??
FYI Some individuals and distinguished senators are on top of this already.
http://www.nytimes.com/2007/07/06/us/06visa.html?hp
http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thanks
more...
sravani
05-16 08:52 AM
Hi All,
It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?
Thank You
You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.
It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?
Thank You
You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.
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sandy_anand
10-04 01:30 PM
It was not supposed to be shown to Indians on IV
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
I hope you were just kidding about the "traitor" comment :-)
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
I hope you were just kidding about the "traitor" comment :-)
more...
nozerd
12-17 09:18 PM
Yup, same here. 7 yrs 5 months and waiting.
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
Even friends have stopped asking me when I will get my GC. I think they may have asked so many times they got tired.
Funny to see ppl now a days getting labor in 3 months for what took me 4 plus yrs.
Hav been current since Oct 1st this yr and still nothing. It used to hurt but now am numb to the pain. Just hope the same job I have been in since 9 yrs still keeps me until some positive outcome comes (if it ever does).
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cox
June 14th, 2005, 06:51 AM
I'm also a Conon user, and not so "big" a macro photographer as Gary( Sorry for the pun, ;) ), but I use the Canon 100mm macro, and I'm with you on wanting a longer macro. You have to get awfully close for good shots, and I think a little more length would work better for me.
Also, on the autofocus that Gary mentioned, I like the faster autofocus on the Canon over the Sigma, not for macro, but simply because I can use it as a "normal" 100mm f/2.8, which saves me from having to carry another 100mm lens.
Also, on the autofocus that Gary mentioned, I like the faster autofocus on the Canon over the Sigma, not for macro, but simply because I can use it as a "normal" 100mm f/2.8, which saves me from having to carry another 100mm lens.
more...
BharatPremi
07-13 12:53 AM
done.
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munnu77
07-19 03:07 PM
sorry..i didnt log in for a few days..
he applied from texas from an american company EB3
he applied from texas from an american company EB3
more...
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usirit
07-30 11:20 AM
Nixone;
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
I really hope / wish you don't get audited.
DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.
Good luck...
I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.
I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.
Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
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stuckin140
01-31 09:27 AM
What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
Thanks.
Thanks.
more...
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Houstonguy
07-13 10:55 AM
Signed and forwarded to all known affected friends
dresses Sort By
gonecrazyonh4
07-20 12:20 PM
Has anyone in this forum tried to apply for teacher certification while on H4 status?
If so how did you finance your teacher preparation program fees?
Are we eligible for any loan while on H4 status or is a Visa status change to F1 required for loan eligibility?
Please respond if any of you have any information on these process.
If so how did you finance your teacher preparation program fees?
Are we eligible for any loan while on H4 status or is a Visa status change to F1 required for loan eligibility?
Please respond if any of you have any information on these process.
more...
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BMS1
09-10 11:08 AM
Among other things, one important change for H1-b program would be to make H1-B transfer easier for folks that are laid off or had to resign abruptly due to various reasons by providing some legal leg room to land a new job. The current rule for laid off / abruptly resigning people is to pack up and leave the very next day of separation for their country of origin and start the H1B process again if they need to maintain a clean legal record. That is not always pracitcally possible due to ticket availability, disposing of residence lease etc. This is very much acknowledged by USCIS by overlooking some minor gaps between employments for H1-B transfer. So provision of some gap (60 days?) between job changes for H1B transfer will provide some legal/legislative back-up to the procedures currently being followed by USCIS as a matter of practicality.
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shirish
11-18 10:48 PM
USPS won't do it for ever. But GC will surely take for ever.
I guess you already know but can't help to remind this :
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
I guess you already know but can't help to remind this :
USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).
So, NO, your mails will not be lost!
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amsgc
06-15 12:24 AM
Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.
Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.
My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.
Thanks,
Ams
sri1309
10-22 08:59 PM
Guys,
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
Here is a hypo situation, which I am sure we will be interested to know.,
What happens to a Wife's status on EAD, if the husband's 485 is in trouble, when both are working on EADs. Isnt her case independent once she also applied for 485/AP/EAD, or will there be a dependency,
Thanks
53885
08-10 01:44 AM
And please dont tie even this post again asking him to contribute. Contribution is a different issue. Atleast there are some other things that doesn't need financial contribution but organizational contribution.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
Regarding contribution which of the following options apply to you?
* How do you contribute to IV?
A. Money
B. Time (Volunteer and/or participate in IV action items)
C. Both A & B
D. I am NOT one of those who MAKE THINGS HAPPEN. I would like others to fight for my cause. I am waiting for things to happen.
E. Well, I visit IV just for forums so that my questions are answered. Period.
F. I am waiting for Oct 07 visa bulletin. If dates retrogress past my PD then I will ask IV core to do something for me.
If you can't contribute financially there are other ways to contribute. This is not a commercial forum/website. Apart from lobbying efforts, members' contribution cover the cost of hosting this website.
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