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02-08 06:10 PM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhWXlndLnOCw7WpPDOiEOuHtRQUp1BNvzbTs7-hREwFma0Sga68IpZh14k6WLvgOuGGv51nRfe7NX2Usk1-r806P9kK9SBXMssAe44T2dhy_9yHvTlPrIVlY4XDhLoDCbyGMcll1AcxJqk/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhWXlndLnOCw7WpPDOiEOuHtRQUp1BNvzbTs7-hREwFma0Sga68IpZh14k6WLvgOuGGv51nRfe7NX2Usk1-r806P9kK9SBXMssAe44T2dhy_9yHvTlPrIVlY4XDhLoDCbyGMcll1AcxJqk/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
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 our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhWXlndLnOCw7WpPDOiEOuHtRQUp1BNvzbTs7-hREwFma0Sga68IpZh14k6WLvgOuGGv51nRfe7NX2Usk1-r806P9kK9SBXMssAe44T2dhy_9yHvTlPrIVlY4XDhLoDCbyGMcll1AcxJqk/s320/waiting-in-line.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhWXlndLnOCw7WpPDOiEOuHtRQUp1BNvzbTs7-hREwFma0Sga68IpZh14k6WLvgOuGGv51nRfe7NX2Usk1-r806P9kK9SBXMssAe44T2dhy_9yHvTlPrIVlY4XDhLoDCbyGMcll1AcxJqk/s1600-h/waiting-in-line.jpg) In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html), I stated that:
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 our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!
If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!
It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.
When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?
These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?https://blogger.googleusercontent.com/tracker/186823568153827945-373880418577926333?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2010/02/update-line-what-line-more-tragic-truth.html)
suren
10-07 02:35 PM
Thanks for you reply.
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?
waiting4gc
06-29 01:58 PM
If you read the form, it says Alien number. If you have one, its a simple answer, USE IT. If you had one during OPT and one more on 140, you should ask your lawyer which one to use. Thats my opinion. Always consult a lawyer but as none of us are lawyers.
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
now this is confusing..should we or should we not use the A# from OPT card...Anybody else confirm this
sjhugoose
January 6th, 2004, 12:48 PM
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
more...
GCSOON-Ihope
11-04 10:02 PM
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
mkumar
03-31 06:21 PM
To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 9th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.
A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 9th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).
[ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]
Cheerio,
Stuck(no longer)InTheMuck
more...
CaliHoneB
01-12 05:14 PM
Thanks a bunch! I appreciate you replying to this. it certainly relieves some of my stress.
Cheers
I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
Cheers
I can understand your concerns. A few years back we had similar questions and concerns when my MIL travelled. She was old and had never travelled alone before. Could not speak any english either. We thought it was best for her to travel with wheelchair assistance and it worked good. She has travelled twice ( on lufthansa) with no issues.
One thing we did to help her was give a covering letter that she could present to the airline staff which would explain her needs if any while travelling. We also prepared and gave her several flash cards (one liners) written in both the local Indian language alongwith the English translation for her to communicate if she needs anything on the flight.
Non -verbal communication works well sometimes. It worked for us.
ultimate_champ
11-29 03:24 PM
Agreed to the points above.
However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.
Im not changing my company - but just the team & location.
However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.
Im not changing my company - but just the team & location.
more...
lvinaykumar
04-12 11:40 AM
ImmigratoinVoice does not have a entry in wikipedia. I think we should create this entry. And put as much information as possible. It will help us getting more people
JunRN
08-09 02:57 PM
My gully, I should have issued personal cheque instead of asking the atty. to use his cheques. I could then saved the trouble of asking the atty. everynow and then.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
I still have 20 days left before I could get my RN based on the rate of receipting recently.
more...
thakkarbhav
11-17 12:31 PM
I believe that from I 485 stage both cases (Primary applicant and dependant) are different. Primay applicant can be on H1-B or EAD for work purpose but the immigration status will be AOS.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
Same is true for dependant candidate. They will be on AOS even if they have approved H4 or EAD.
If primary candidate wants to maintain H1-B status then it is ok. No need for dependant to follow and maintain H4 status. They can work on EAD and contiue their AOS application.
sparky_jones
05-20 01:26 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Isn't that the biggest issue with several of us! :)
more...
roseball
02-18 03:25 PM
Thanks, Elaine!
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
I have a follow-up question: Can the experience gained with the current Employer be used as basis for the EB2?
Yes, but only if the new EB-2 positon's job duties are atleast 50% different from your current job duties.
sunnymit
02-18 03:35 PM
Thanks everyone for your responses... I guess I have some thinking to do to see if I can get upgraded to EB2.
more...
add78
03-20 10:01 AM
I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
am I missing somthing here.
Frankly, I am surprised to see such a question from someone with so many posts.
If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).
mmeshref
12-02 08:25 PM
Even if I used AP for re-entry to US?
more...
chilushah
11-03 02:30 AM
Team, My Labor is filed under PERM was Audited and now approved.
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
guchi472000
03-24 10:07 AM
Thanks much for your help. I daily pray that we all get green card and live happyly during this hard economy times.
webm
02-20 02:01 PM
Get a non-availability certificate from the local municipal office and submit it to USCIS..on a safer side..
HTH,
HTH,
rsayed
05-06 12:40 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.
Expect to wait for a long time...
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.
Expect to wait for a long time...
desigc
01-08 04:57 PM
Thanks Pointlesswait
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
I have about 3 months left on H1b. From your post, it seems that I shud file for extension ASAP and if layoff happens...transfer H1..
Did I interpret you correctly?
When you apply for H1 transfer..they transfer the current H1.
If you have more than 6 months on ur H1 you cannot apply for extension..
when you file for transfer.
So better option would be:
a.) Transfer H1...and then file for extension.
b.) Or file for extension and then change jobs...
if you havent filed for 485.. then you have to restart the GC..and recapture your PD.... i used the option B.
hope this helps
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