retrogression

[Ali_Sabri]

I think this retrogression seems to be incorrect..
with september visa bulletin prediction,,world wide should be current now.
although I don,t think there are realy many people who enjoy this distant priority dates specially in india and china,,,as u check the cptracker ,most people have even priority date in 2003 and 2002 not 1998!!
the question is that if they change these date soon or we see sharp movement forward or not?

[freebird901]

I have LC approved and my dates are current. However, I am getting married in December so do I have to wait till December to apply for 140/485 or can I apply now before the dates retrogress? My wife will come here on an H-4. She was born in England. Does cross changeability apply here too, if my dates retrogress that is? Or is that only if my wife is on H-1?

[teky]

I am cursing myself for trusting the US system.

I had waited almost 4 years for my labor to be approved from NJ (April 2002). God only knows how much I suffered those four years.

After the state labor, my labor was pending with DOL NY (federal level) from September 2004. It sat in NY DOL for one long year for no reason. They approved cases which went to NY DOL in Jan 2005 also when the priority date was till June 2002. I thought it was bad luck and waited like a fool.

In a couple of weeks, the entire scene changed and they come up with Visas not available. I had my labor approved by NY DOL on August 16th but it was of no use.

Now after waiting for 3 months, you get this slap on the face saying the dates are retrogressed to 98 ( for India).

What a shame. My only mistake was filing from New Jersey (I am with my brethren from NY and a couple of other states). I am kicking myself for that. I know people who applied from other states who have their GC in four months start to finish.

Also not to forget, the innumerable consulting firms, who sold their labor for good money. They are selling it even now since they have time until September 30. I am surprised that the big folks at the USCIS do not have that much of brain.

It is so depressing. USCIS has taught me a lesson a hard way. I am with all those folks who have suffered with this. I share your pain.

Teky.

[WBIPrince]

I just cannot believe my eyes when I saw Jan 1 1998 (India) date for EB3 category… This is just ridicules. It seems this Green card process will go on forever, and due to not having green card you are also stuck with your career prospects as well as with your employer (In most of the cases Blood suckers). I am really frustrated and lost all hopes on US Govt. and their system.

The whole truth is US Govt. and their politicians wants illegal immigrants to work on their farms, houses and industries than good brains who are coming here legally.

Labor date: Dec 02
I-140 - Approved

[savior1]

Current retrogression will only make current employers(Millioniares) to Billioniares, it is very unfair.Hope some movement should occur soon than 98.

[dru]

Hi freebird901,
As far as I know:
a) cross-changeability DOES apply irrespective of H1 or H4
b) Technically you CAN file for your 140/485 now and file your wife's application after December. However, if you have filed and then your country retrogresses, this may prevent your wife from filing until after the dates become current for you. I don't think you can then use cross-changeability at that point. This is a good question for a lawyer.

A few things to consider are:
If b) happens, your wife may not be able to file 485, and EAD (to work), AP will be delayed. Depends if this is an issue for you.
If there is no chance the wedding will be called off, I think your best bet is to wait and use cross-changeability with the UK (since that will likely not retrogress).

Just some food for thought, I am not a lawyer - so you should check with one before your decision.
- Dru

Originally Posted by freebird901

I have LC approved and my dates are current. However, I am getting married in December so do I have to wait till December to apply for 140/485 or can I apply now before the dates retrogress? My wife will come here on an H-4. She was born in England. Does cross changeability apply here too, if my dates retrogress that is? Or is that only if my wife is on H-1?

[etgc]

I think I agree with Ali_Sabri that it does not look correct that the priority dates should go back to 1998. I am hoping and praying that they move forward quickly. Priority dates of late 2002 or early 2003 would probably make more sense logically.

[WHERE_MY_GC]

When I was entering US in 1999 on H1 I was not aware that I am entering US as a slave but in a different form (With a badge “SKILLED WORKER”/ Look at the terminology), as it happened with Africans few decades ago. Slowly I have realized that there is no way that I can escape this bonded slavery system until I get my GC. I was with a hope that this slavery will end up soon at least in couple of years when I filed my GC in 2003. Now I lost all my hopes looking at these latest changes in DOL and USCIS. It seems there no visible ending for this slavery until you loose all your strength and stamina. Fellows keep serving the corporate and consulting companies and make them richer at the cost of your blood, sweat, hopes, prospects and everything what ever you have in your life. We, the IT consultants are no superior to the people in poor African countries or third world counties. We are just making few more dollars at the cost of our self respect.

May God bless us to do more slavery.

[trcareer]

I really do not understand whats wrong with the USCIS system, they increased the H1-B visas at the times they need most & then they cut down the visas when they do not need, I think more then 60% Visas consumed by INDIANS, if they do not have any constraint in giving the non-immigrant visas, what is the problem in giving the immigrant visas, they should consider the fact from where they are getting more technical people, waiting for 7-8 years for the sake of green card really very bad..... I hope USCIS reviews the situation and make appropriate changes...

[hereismygc]

No offense. US doesn't brought us forcefully here, we opted to come here to work and make money. But it depends on the company we choose. Many Indian consulting companies are blood sucker, but they will help to file GC and support paper works, atleast slowly. On the other hand American consulting companies, they will treat and pay you well, but mostly they will not support you on GC. It is up to us to choose which one we go with.

No body is doing social service here in business to make others rich, its up to individuals talent and luck. I got my labor with one company in dec 2000 within a month, then I-140 within 6 months, but the company gone bust in dot-com bubble and at that time there is no option to file I-140 and I-485 file together. Then joined american consulting company made good money, but didn't file GC. Again joined well know american company filed labor on June 2003 in MA, now I don't know how long it will take. But couple of my friends got GC within 10 months in 2001 who were came after me. What can I say? Thats luck.

Initially state labor department screwed up the process, now BEC screws up. Beneficiaries are businesses, and its up to the individuals to decide whether to continue the wait or leave. Otherwise, if any one thinks they become slave, then it means that they have chosen it. In India, job market is really really hot and they really need top notch people.

Hope I will get my GC soon with in this decade.

Again, no offense, just my thought.

Disclaimer: I'm not a lawyer, but individual member so act accordingly

[WHERE_MY_GC]

Hi,
I completely agree with you. I hope you have also under stood the frustration that every body is going through. Its not just GC issue. Its related so many other things like travelling to native country, getting driving licenes, sending kids to school etc,etc. I am not saying that US has brought us forcefully. But the same time so many changes in the policies and rules making the life horrible. Not every body can go back India even though the market is damn hot. there will be lot of other concerns obligations. Finally every body has to agree on one point, its the fate or luck if they believe in it.

[tusharvk]

all the frustration is understandable. but I do remember retrogression clearing up in a year or so last time for both EB3 and EB2 categories.
that happened by releasing unused numbers. we know that there have been unused numbers from past couple of years. anyone knows what it will take to get those unused numbers (presidential order or an act by congress)?

Originally Posted by hereismygc

No offense. US doesn't brought us forcefully here, we opted to come here to work and make money. But it depends on the company we choose. Many Indian consulting companies are blood sucker, but they will help to file GC and support paper works, atleast slowly. On the other hand American consulting companies, they will treat and pay you well, but mostly they will not support you on GC. It is up to us to choose which one we go with.

No body is doing social service here in business to make others rich, its up to individuals talent and luck. I got my labor with one company in dec 2000 within a month, then I-140 within 6 months, but the company gone bust in dot-com bubble and at that time there is no option to file I-140 and I-485 file together. Then joined american consulting company made good money, but didn't file GC. Again joined well know american company filed labor on June 2003 in MA, now I don't know how long it will take. But couple of my friends got GC within 10 months in 2001 who were came after me. What can I say? Thats luck.

Initially state labor department screwed up the process, now BEC screws up. Beneficiaries are businesses, and its up to the individuals to decide whether to continue the wait or leave. Otherwise, if any one thinks they become slave, then it means that they have chosen it. In India, job market is really really hot and they really need top notch people.

Hope I will get my GC soon with in this decade.

Again, no offense, just my thought.

Disclaimer: I'm not a lawyer, but individual member so act accordingly

[sanju_dba]

Complicated H1 Laws, and then ever changing GC procedures keep my life in loop. Exhausted now.
Retrogression to 1998,made me to call my realtor to sell my house.I shall wait till Nov to see if any changes in Retrogession Dates for EB3(india), then decide to leave country for Good.

RIR.
PD - Oct 2003.
Correction - Aug 2004.
45DL - Jul 2005.
EB3.
Dallas,TX.

[metaman]

I have read many posts like this before. I have a way to free all you slaves , go back to your country and be free. I am from India and in the USA since 1998. I work for a reputed US company and they pay me very well. After delaying labor for 5 years they filed non rir in Aug 2004. Well it sucks, so I am packing my bags and leaving to India. The money is good and I will not be a slave anymore.
If your company does not let you resign and makes you work against your wish, let me know and I will rescue all. Will also help you leave US so that you can live in your country with dignity. If you voluntarily work here in USA, well that is not Slavery.

"When I was entering US in 1999 on H1 I was not aware that I am entering US as a slave but in a different form (With a badge “SKILLED WORKER”/ Look at the terminology), as it happened with Africans few decades ago. Slowly I have realized that there is no way that I can escape this bonded slavery system until I get my GC. I was with a hope that this slavery will end up soon at least in couple of years when I filed my GC in 2003. Now I lost all my hopes looking at these latest changes in DOL and USCIS. It seems there no visible ending for this slavery until you loose all your strength and stamina. Fellows keep serving the corporate and consulting companies and make them richer at the cost of your blood, sweat, hopes, prospects and everything what ever you have in your life. We, the IT consultants are no superior to the people in poor African countries or third world counties. We are just making few more dollars at the cost of our self respect.

May God bless us to do more slavery."

[WHERE_MY_GC]

Probably I am going to do it next year as my kid has started going to school this year.

Originally Posted by metaman

I have read many posts like this before. I have a way to free all you slaves , go back to your country and be free. I am from India and in the USA since 1998. I work for a reputed US company and they pay me very well. After delaying labor for 5 years they filed non rir in Aug 2004. Well it sucks, so I am packing my bags and leaving to India. The money is good and I will not be a slave anymore.
If your company does not let you resign and makes you work against your wish, let me know and I will rescue all. Will also help you leave US so that you can live in your country with dignity. If you voluntarily work here in USA, well that is not Slavery.

"When I was entering US in 1999 on H1 I was not aware that I am entering US as a slave but in a different form (With a badge “SKILLED WORKER”/ Look at the terminology), as it happened with Africans few decades ago. Slowly I have realized that there is no way that I can escape this bonded slavery system until I get my GC. I was with a hope that this slavery will end up soon at least in couple of years when I filed my GC in 2003. Now I lost all my hopes looking at these latest changes in DOL and USCIS. It seems there no visible ending for this slavery until you loose all your strength and stamina. Fellows keep serving the corporate and consulting companies and make them richer at the cost of your blood, sweat, hopes, prospects and everything what ever you have in your life. We, the IT consultants are no superior to the people in poor African countries or third world counties. We are just making few more dollars at the cost of our self respect.

May God bless us to do more slavery."

[neocor]

I think the real sukers are people like me who come to US in 2000 when the economy was going great guns and peaked. It was all downhill from there.
In the 97-99 period which was the best time to come to US to exploit all the good things that were happening here, I was just satisfied with the job in India and kept on saying to myself that US is not the place for me. I am good here and lead a much better life than just pros****ting my A*** in US.
But what do you know I ended up doing just that after wasting the best years in India.

Now I am doing the same mistake. This is probably like the 1997 of US right now in India (probably 98). And I am having the same thoughts back again. Only difference is that in India I know its will be a better life (salary wise and independence wise). Otherwise I am sure everything else will suck (anybody want to have a discussion with me about that??)

But I guess I am going to take that risk again. Thinks are not the same as 6 years back, and the decision to go back is more difficult than the decision to come here. I had a tough time making myself agree to come here.

Anyway I wont be much surprised if the PD wont move from the present dates for he rest of the year. We will see some movement again in Jan. But I dont think thats going to be much. Even if there is only one person reamining with a PD of <98 reamining the PD wont move in the coming months. It does not even depend on what the backlog centers churn out. It all depends how much the Schedule A worker demand is. If they leave anything for us then only the PD's will move.

neocor

[guptamik]

There should be a way to black list all these f***ing bloodsuckers.

Some way they can be reviewed by their H1B employees, weighted on the basis of number of complaints recieved. Then their rankings communicated to corporate america to have them blacklisted, to USCIS, IRS, US Consulates abroad and the media in India/US so that they can not hire the prospective H1B workers in India/US.

I know some folks would still not care and join these a******s but atleast one would know what one is getting into before jumping into it.

I would like to know opinion of the people on this board?

[posmd]

I agree with those of you who state that this is categorically not slavery.
However I think the frustration that most of us are feeling is the change in the rules of the game mid stream. I have been in the US for 6 yrs now. If there was anyway I could get my time back, I would absolutely consider another option. But the problem is we were baited with one promise and screwed with change of the rules. THat is wrong and there is no point in arguing that.

Anyway hope luck and legislative action will rescue us.

PS: If you guys ever get a card, do not forget to set up your own companies and screw the new guy coming in. It seems to be the way of this place.

[member77]

Let’s group up and do something about it! I do not see a point in crying and complaining it will not give us anything!! The question is what can we do? Let’s share ideas on what to do about the problem! Don’t forget the old saying “Spend more time in finding solution than analyzing a problem over and over again” Can people from each state group us and do a non-violent protest in front of the state house? Will this make our suffering visible to the lawmakers? Is there a better way to achieve the result?

[guptamik]

Originally Posted by member77

Let’s group up and do something about it! I do not see a point in crying and complaining it will not give us anything!! The question is what can we do? Let’s share ideas on what to do about the problem! Don’t forget the old saying “Spend more time in finding solution than analyzing a problem over and over again” Can people from each state group us and do a non-violent protest in front of the state house? Will this make our suffering visible to the lawmakers? Is there a better way to achieve the result?

I would like to invite the comments/suggestions from somebody in the offices of Rajiv Khanna or any other attorney/s who check out this thread.

[pvr726]

There is some kind of irony in the entire process -- rules changing so much with time, is really unjust to cope with.. I know some friends who applied for labor in 2003 November and got green card in EB-3 within 1 year, also from India.. That was when the new labors were approved ahead of the queue while years old LC applications were kept pending..And even at its core, the EB green card process itself would need you to be in the defined profession until as long as it takes to get the green card, but not after getting it ---

Packing bags and moving out is not all that simple. You may not be a slave in the once defined sense of the word towards africans in US, but taking decisions such as these to move out of a country -- when all else is going smoothly -- may be not out of one's choice completely. There are so many concerns over children who are in this atmosphere adjusting to a new country, its weather and etc.. So, even the free-birds like metaman who are talking about going back to India have this "adjust to the fate" and "take everything as it comes without questioning" built into them. Its not a free choice, and in a way that forces you to do things the way you wouldn't otherwise like to... call it with any other word if you choose, and not "slavery".

Slavery may not be the right word ofcourse. But there is no need to fight verbatim over the words, it is true that the recent change is hightly unexpected for people from India, to drag the dates all the way back to 1998 for EB-3 and 1999 for even EB-2 which was only rumoured to retrogress a year or so earlier, if at all.

If not slavery, this might actually mean gambling with ones future without any clue as to how it would turn the next time around. People are rightlfully expressing their frustration about such sweeping changes.. There is no way one could simply accept these policy changes as normal, for that one has to be a true gambler or day trader who plays with his life's choices all the time, not just an IT professional.

[member77]

Mr Khanna,

Is there anything we, the victims, can do? Enough is Enough!

Originally Posted by guptamik

I would like to invite the comments/suggestions from somebody in the offices of Rajiv Khanna or any other attorney/s who check out this thread.

[WBIPrince]

No offence. I do understand feeling of Metaman and HereismyGC; but they overlooking the major point. Here the main issue is why retrogression is Jan 1 1998 or 1999 for EB3 / EB2.

No one brought us here and everyone has selected their employer and associated baggage. This issue is about USCIS and DOL and the way they are working. Even though we are not US Citizen, but we all are taxpayers. If DOL / USCIS workers are not doing there job, then why we should be responsible?

I am going to ask the same question to my local congressman. The people responsible for this mess should pay the price not US.

[rocky_cool]

i think we should really take some action....i have already put a word in Mr. Rajiv Khanna's office requesting them to file another law suit or take some other step....i have also told them that i am willing to contribute for this worthy cause as i have already spent a fortune in this whole issue...i am sure Mr. Kanna will take some action....we will need a lawyer's advise in any action we take....i hope we all request him....

[GreenCardVirus]

All those who have been waiting for a long time and have been victimised because of retrogression. People who applied long long back have to wait further more where as lot of people who started GC processing recently are enjoying GC status.

What are the reasons? Here are some I could think of.

1. Labor Substitution: All those companies with lots of labors approvals keep using them for someother person than the one originally filed for. This has lead to gross injustice to people waiting patiently with original labor application.

2. 485 Processing Times: Because of huge diferrences in processing times in different service centers, lots of people got GC's from centers like California victimizing those who have been waiting in other centers like Texas and Nebraska. All visa numbers got used up for those who applied for GC recently.

3. Labor Backlogs: Some people who got labor approval quickly were able to catch the bus on time while others who have been waiting now are being victimized again. People who waited a life time for labor, wait more!

4. Security Checks: Name checks are taking 2-3 years. People who are victimized by Name Check and missed the bus are again being victimized because of retrogression.

5. Reserving for Schedule A category: Suddenly congress comes and says use all the existing visa numbers for Nurses and Physicians without proving a separate additional numbers for them.

6. Illegals given amnesty during April 2001 are vying for visa numbers with those who came legally. Congress should have ideally provided additional numbers to this category.

7. Every member in a family gets a separate visa number. Visa numbers do not go by Primary Applicant. Large families eat awaw lot of numbers. So, if you go by number of labors or number of 140, there is no real telling as to how many visa number these exactly translate into.

8. The way state department calculates and issues visa bulletins is gross. One day they say you could prossibly get a GC but the next day you are not eligible for another 3-4 years? There is something wrong about this whole thing. This has only victimized those waiting geniunely for a long time in the hope of getting a green card.

[imqwer]

I have another sad story to tell. I opted for CP, went for interview in 12/04, case was kept pending due to FBI name check, came back on existing H1, clearance came but visa priority dates retrogressed. So, I am a person who was certain to get GC in Dec 04, but in 05 with this retrogression have almost lost hope of getting it at all. My priority date of 12/02 will take at least 2+ years now. Now, since I opted for CP, I have no EAD/AP, cannot get one at all and am at the mercy of my consulting company again.
And believe me, it is very very hard to return back to the country of origin, once you and your family have spent 5-6 years here, it's really hard to adjust. I am not saying impossible, but it is really hard, so, not thinking about this option.

I believe that according to current law no lawyer can do anything. Unless there is any major change it the existing laws, I do not see any ray of hope in this matter. So people try to bug your congressman/ senators. That 's the only way out. Write them, send them emails I guess every week. I think if we all do that, it my help eventually.

[guptamik]

I am launching www.bloodsuckers.com which will allow us to review, rank, blacklist blood suckers. Site will also lobby with industry, media, politicians, govt agencies to ban or scrutinize blood suckers.

[elusive_gc]

Dear Visa-prison cell mates,

We have all come to this country by choice. It has been almost 10 years for me F1 --> H1 --> EAD. Some have been lucky, some have been smart and a few like me have been both unlucky and stupid when it came to GC processing.

All said and done, I am sure we will see some immigration reforms in near future. Would it bring GC's for us in a few years or not is an open question. But it for sure will not be 5 or 6 or 10.

My only regret is we waste precious years of our lives in pursuit of GC. Wish it was not so bad.

[GC_RISK]

Wonder why is evryone cribbing . Thats the way INS works. some times they make u wait for 140 some times they make u wait for 485 and Now people have to wait for VISA numbers. This was common in late 90s when people use to wait for visa numbers . Then people started to wait for 485s it use to take 3 years for 485 even though with Current visa dates . then they stopped giving outs LCs.Now its back to VIsa numbers. We are in there country and have to go by there rules and regulations. At least laws are leinet now which allow for H1 extensions, AC21 , concurrent 485/140 filings. Just chill and wait for your turn.If some think he's doing slavery here they should go back to there country and none here will stop them.

[OKKADU_2005]

I Think It Is The Worst Situation Ever Faced By All Of Us.the Immigration System Here Sucks Big Time.i Don't Understand,why The Hell Is Uscis Moved The Dates From 2002 To 1998 ??? Looks Like They Don't Know Anything About Years And Numbers.most Of Us Are Going Through This Frustration,depression & Anger For About 6 Years Which Is Hard To Digest Taking All These Changing Rules. Most Of The New Rules Doesn't Make Any Logical Sense.lord Jesus Only Knows Why They Are Changing The Visa Dates,immigration Rules Etc.this Is Really Worst For All It Consultants.this Retrogression Will Only Make All The Sucker Desi Employers From Millioniares To Billioniares And Suck More Of Our Blood,hard-work,life.it Is Like Sucker Slavery Life.

Mr.rajiv / Fellow Victims, Please Advise Me/us If We Can At All Do Something Together To Bring This Breath-taking Situation Under Control And Lead Some Safe Life.