Priority Date Retrogress: Impact on Employment based petition
- Thread starter Sam B.
- Start date
Meg_z,
Yes, Either way we would benefit. I hope/wish congress and USCIS identify this situation soon enough and take some action!!!!
UK immigration policy is similar to this, After 4 years being on a work permit one is automatically eligible for PR. I just don't understand why US cannot do something similar.
We are not asking them to grant us GC, but waive atleast some of these tough regulations for legal immigrants who have been paying thousands of dollards in taxes for the past 6-7 years.
I'm surprised that to have seen such a discussion anywhere in this forum!!!!!
Yes, Either way we would benefit. I hope/wish congress and USCIS identify this situation soon enough and take some action!!!!
UK immigration policy is similar to this, After 4 years being on a work permit one is automatically eligible for PR. I just don't understand why US cannot do something similar.
We are not asking them to grant us GC, but waive atleast some of these tough regulations for legal immigrants who have been paying thousands of dollards in taxes for the past 6-7 years.
I'm surprised that to have seen such a discussion anywhere in this forum!!!!!
meg_z said:I will be second in line for such petition. But realistically, I think we should petition to allow GC applicants affected by visa number availability to have EAD/AP and changing jobs after I-140 have been filed and over certain days.
Start petition as the first step now
start a petition please....once you have it out there it will gather steam....
We need it to be worded by one of the attornerys in legal terms so that we could urge the members of congress....
Here is what I am thinking
1) Explain the situation of back log shifting from the LC Queue to the I140/I485 Queue due to non availability of visa numbers.
2)Publish the names and Fax numbers of congress men who could help us with it. Ex: Rep. Lamar Smith, a Texas Republican recently wrote a bill to increase h1b limitation by 20,000 for people with US degrees.............
3) Ask people affected by this to Fax to those numbers.
4) Write to media Orgs to cover this issue.....
Guys please add on to this......
I think attorneys on this web site will help to write up the petition provided there is critical mass......
The reps and the Dems agree that its good to take all people affected by the back log to be taken to citizenship now....
now is the time to act guys......contact the moderator
start a petition please....once you have it out there it will gather steam....
We need it to be worded by one of the attornerys in legal terms so that we could urge the members of congress....
Here is what I am thinking
1) Explain the situation of back log shifting from the LC Queue to the I140/I485 Queue due to non availability of visa numbers.
2)Publish the names and Fax numbers of congress men who could help us with it. Ex: Rep. Lamar Smith, a Texas Republican recently wrote a bill to increase h1b limitation by 20,000 for people with US degrees.............
3) Ask people affected by this to Fax to those numbers.
4) Write to media Orgs to cover this issue.....
Guys please add on to this......
I think attorneys on this web site will help to write up the petition provided there is critical mass......
The reps and the Dems agree that its good to take all people affected by the back log to be taken to citizenship now....
now is the time to act guys......contact the moderator
Petition.
Hi Folks,
I have put a petition in my own words. Please change if you have any new thoughts...
Dear Madam or Sir:
We, the ImmigrationPortal.Com community, are writing o*n behalf of the individuals who have the attached petition as well as countless others that would be affected by the US State Department proposed Retrogression of the Visa dates for Employment Based 3rd category starting January'2005.
People affected the most due to unavailability of a Visa number are those who are nearing completion of the 6th year on H1B and whose Labor Application(ETA-750) is still pending in Department of Labor waiting Certification. If the Employment Based Visa Dates are retrogressed to an Older date, they would not be in a position to file for I-485(Adjustment of Status) even after DOL eventually certifies their Labor Application. If a Adjustment of Status is not filed, the individual and their family members would not be eligible for Advanced Parole(AP) or Employment Authorization Document(EAD).
We are Sumitting this Peition to Request you to Allow People who are close to or have exceeded their H1B 6 year limit to file their 485 petition irrespective of the Priority Dates.
Thank you for your time and attention to this matter.
Hi Folks,
I have put a petition in my own words. Please change if you have any new thoughts...
Dear Madam or Sir:
We, the ImmigrationPortal.Com community, are writing o*n behalf of the individuals who have the attached petition as well as countless others that would be affected by the US State Department proposed Retrogression of the Visa dates for Employment Based 3rd category starting January'2005.
People affected the most due to unavailability of a Visa number are those who are nearing completion of the 6th year on H1B and whose Labor Application(ETA-750) is still pending in Department of Labor waiting Certification. If the Employment Based Visa Dates are retrogressed to an Older date, they would not be in a position to file for I-485(Adjustment of Status) even after DOL eventually certifies their Labor Application. If a Adjustment of Status is not filed, the individual and their family members would not be eligible for Advanced Parole(AP) or Employment Authorization Document(EAD).
We are Sumitting this Peition to Request you to Allow People who are close to or have exceeded their H1B 6 year limit to file their 485 petition irrespective of the Priority Dates.
Thank you for your time and attention to this matter.
ohiostud said:
Hi ,
I completely agree with the Ohio Statement ,Pls I request all of us support for this Petition,I myself volunteer for this ,Pls let me know what an each individual have to do in order to get this petition aproved? we will do max what we can.
Thanks
Srini
Dear Madam or Sir:
We, the ImmigrationPortal.Com community, are writing o*n behalf of the individuals who have the attached petition as well as countless others that would be affected by the US State Department proposed Retrogression of the Visa dates for Employment Based 3rd category starting January'2005.
People affected the most due to unavailability of a Visa number are those who are nearing completion of the 6th year on H1B and whose Labor Application(ETA-750) is still pending in Department of Labor waiting Certification. If the Employment Based Visa Dates are retrogressed to an Older date, they would not be in a position to file for I-485(Adjustment of Status) even after DOL eventually certifies their Labor Application. If a Adjustment of Status is not filed, the individual and their family members would not be eligible for Advanced Parole(AP) or Employment Authorization Document(EAD).
Pursuant to the American Competitiveness in the 21st Century Act (“AC21”), Congress had attempted to ameliorate the harmful consequences of delays by providing for I-485 portability. One such change was, to allow a person to change his/her employer after 140 approval and 180 days have passed since I-485 was filed. If the Visa Dates are retrogressed an individual would not be able to take advantage of this provision.
We are Sumbitting this Petition to Request you to Allow People who are close to or have exceeded their H1B 6 year limit to file their 485 petition irrespective of the Priority Dates OR at the minimum make an applicant eligible for EAD and AP based on an already filed I-140 petition.
Thank you for your time and attention to this matter.
We, the ImmigrationPortal.Com community, are writing o*n behalf of the individuals who have the attached petition as well as countless others that would be affected by the US State Department proposed Retrogression of the Visa dates for Employment Based 3rd category starting January'2005.
People affected the most due to unavailability of a Visa number are those who are nearing completion of the 6th year on H1B and whose Labor Application(ETA-750) is still pending in Department of Labor waiting Certification. If the Employment Based Visa Dates are retrogressed to an Older date, they would not be in a position to file for I-485(Adjustment of Status) even after DOL eventually certifies their Labor Application. If a Adjustment of Status is not filed, the individual and their family members would not be eligible for Advanced Parole(AP) or Employment Authorization Document(EAD).
Pursuant to the American Competitiveness in the 21st Century Act (“AC21”), Congress had attempted to ameliorate the harmful consequences of delays by providing for I-485 portability. One such change was, to allow a person to change his/her employer after 140 approval and 180 days have passed since I-485 was filed. If the Visa Dates are retrogressed an individual would not be able to take advantage of this provision.
We are Sumbitting this Petition to Request you to Allow People who are close to or have exceeded their H1B 6 year limit to file their 485 petition irrespective of the Priority Dates OR at the minimum make an applicant eligible for EAD and AP based on an already filed I-140 petition.
Thank you for your time and attention to this matter.
ohiostud said:
Hi guys,
One has to keep getting 1 yr extensions on their h-1 as long as his green card process is pending, we dont know how they will look at it if our I-140 is approved and we have not yet filed the I-485, the USCIS should grant the 7th year extension in these circumstances also, lets see what happens.
Why are the EB-3 numbers going to backlog in January?
The simple answer is that the Immigration Service approved too few applications for adjustment of status in the last few fiscal years. Over 100,000 immigrant visa numbers were lost because of bureaucratic inertia. Now that the government is approving hundreds of thousands of applications in order to decrease backlogs, the quotas imposed by the law force the State Department to establish backlogs in the EB-3 category in order that the number of green cards granted this fiscal year do not exceed legal limits.
Of course, Congress could easily amend the law in order to allow the Immigration Service to "recapture" visa numbers lost in prior years. This would be identical to what was done in the "American Competitiveness in the 21st Century Act of 2000" when Silicon Valley was hard-up for computer programmers and analysts.
Source:
http://www.shusterman.com/siu.html
The simple answer is that the Immigration Service approved too few applications for adjustment of status in the last few fiscal years. Over 100,000 immigrant visa numbers were lost because of bureaucratic inertia. Now that the government is approving hundreds of thousands of applications in order to decrease backlogs, the quotas imposed by the law force the State Department to establish backlogs in the EB-3 category in order that the number of green cards granted this fiscal year do not exceed legal limits.
Of course, Congress could easily amend the law in order to allow the Immigration Service to "recapture" visa numbers lost in prior years. This would be identical to what was done in the "American Competitiveness in the 21st Century Act of 2000" when Silicon Valley was hard-up for computer programmers and analysts.
Source:
http://www.shusterman.com/siu.html
We can contact Edison and others, who have also set up the infrastructure for lobbying efforts and ask them to take up this matter.
Rather than having only members of this thread signing petitions, it makes more sense to include a wider participation. Also, since the effort will be centrally managed, it will be much more organized and focussed.
I'll rejoin this discussion after office hrs in the evening.
PS: Please contribute to this effort if you have not already done so! An excellent page has been set up at immigration.com to make CC or paypal payments.
Rather than having only members of this thread signing petitions, it makes more sense to include a wider participation. Also, since the effort will be centrally managed, it will be much more organized and focussed.
I'll rejoin this discussion after office hrs in the evening.
PS: Please contribute to this effort if you have not already done so! An excellent page has been set up at immigration.com to make CC or paypal payments.