MAY VISA bullitin here!!

[saras76]

Thanks for the clarification ..

Saras,
I beg to differ on the Schedule A numbers. The 50 K came not from last years EB3 quota but were recaptured numbers from 2001-2004.

The instructions for sch A say that they will eat out of the EB3 numbers if the PD of the sch A application is before the PD of the EB3 quota. So lets say today a sch A with a PD of Feb 2001 applies for I 485, then they will eat from regular EB3 quota. However a sch A applicant with a PD of Jan 2005 will not eat out of the regular EB3 quota but the special 50,000 numbers.

So last yr when Schedule A was started there would be many applicants who would have eaten into regular quota because of old pending PD's. However all those must have been taken. People from sch A applyiong today will 99 % be taking from the 50 K numbers.

Remember that for most of us we were screwed because DOL didnt act on our LC applications in time. However the sch A fols never had to go through labor so very less likelihood of a sch A applicant with PD in 2001 , 2002 or even 2003 to be still around.

texancanadian,

Thank you for the clarification. It makes sense. In any case, the bottom line is that Sch A workers are not the reason for the slow movement of EB3 PDs.

regards,

saras

 

[neocor]

texancanadian,

Thank you for the clarification. It makes sense. In any case, the bottom line is that Sch A workers are not the reason for the slow movement of EB3 PDs.

regards,

saras

If that is true then the Schd A thing is not a "strike". However i am still skeptical about this. I am not able to be convinced that there are very few Schd A worker left with PD in 2001. But at the moment I will take your (saras, texancanadian) word for it,
The 245i is been perceived as a potential "srike" by USCIS even before it has struck.
The effect of Labor Substitution thing is really the one that cannot be accounted for. This according to me has a huge impact.

neo

 

[marlon2006]

Hidden agenda.

I agree with the poster that EB3s should not expect significant movement until October 2006. Then in October we possibily can see movement; going backwards. It is when the 245(i) cases would finally flood USCIS, isn't it ?
If USCIS wanted to make EB3 cut-off cases move, they could have done so. Sometimes I think USCIS is somehow not moving the visa numbers in order to put pressure for immigration reform.

 

[saras76]

Very possible ..

I agree with the poster that EB3s should not expect significant movement until October 2006. Then in October we possibily can see movement; going backwards. It is when the 245(i) cases would finally flood USCIS, isn't it ?
If USCIS wanted to make EB3 cut-off cases move, they could have done so. Sometimes I think USCIS is somehow not moving the visa numbers in order to put pressure for immigration reform.

marlon2006,

The notion that DOS and USCIS are making things look worse in order to put pressure on law makers to overhaul the process has crossed my mind a few times. It is very plausible. Immigration is tied to politics and DOS and USCIS may well be playing their own little politics here.

With all the discussions, one thing is for sure. We are not being given a clear answer regarding the continued slow movement of EB3 PDs. Vague statements such as "Increased Demand" and "Continued High Demand" are thrown our way in each bulletin without a mention of what is causing the high demand. There is no accountability here. None of us can come up with any logical reason for such extreme retrogression. Its time we stop trying to reason here. It will only lead to more frustration. Lets just monitor each months Visa Bulletin and hope that it moves. In the mean time we can follow the progress of immigration reform bills and try to get them going.

There is no point in stressing about a situation we have absolutely no control over. We are wasting our time by looking for logical reasons for all this ...

regards,

saras

 

[Dallas03096]

Really?

If USCIS wanted to make EB3 cut-off cases move, they could have done so. Sometimes I think USCIS is somehow not moving the visa numbers in order to put pressure for immigration reform.

I thought DOS/USCIS is under the influence of anti-immigration lobby and that is why they are not moving EB3 cut-off dates.

At least in my case, I know TSC never bothered to adjudicate my I-485 when the dates were current and after transfer to Dallas district office, they never bothered to schedule the interview when the PD had retrogressed and came back to current for my case (inspite of my monthly followup visits). Finally the interview was scheduled after visa numbers were unavailable for FY 2005 and then the retro hit us all

 

[ufo2002]

Most of the posts I read about the 245i people are that they had a deadline to file by April 2001. So I am guessing (wildly) that they all got a PD in April 2001. When we get to October 2006 later this year, I don't really see any reason for the visa bulletins to show backward movement on any region EB3 PDs, because that would also mean there are not enough visa numbers for the 245i filers. It all depends on how many 245i are in the EB3 category and from which region. USCIS is trying to navigate the PDs so that the 245i people get processed first when the next set of visa numbers become available.

I agree with the poster that EB3s should not expect significant movement until October 2006. Then in October we possibily can see movement; going backwards. It is when the 245(i) cases would finally flood USCIS, isn't it ?
If USCIS wanted to make EB3 cut-off cases move, they could have done so. Sometimes I think USCIS is somehow not moving the visa numbers in order to put pressure for immigration reform.

 

[neocor]

Most of the posts I read about the 245i people are that they had a deadline to file by April 2001. So I am guessing (wildly) that they all got a PD in April 2001. When we get to October 2006 later this year, I don't really see any reason for the visa bulletins to show backward movement on any region EB3 PDs, because that would also mean there are not enough visa numbers for the 245i filers. It all depends on how many 245i are in the EB3 category and from which region. USCIS is trying to navigate the PDs so that the 245i people get processed first when the next set of visa numbers become available.

While I was reading this post I suddenly realized that I have not come across a single 245i filer ever. not in this forum, not in real life.
So who are these people really. Obviously they are not illigal immigrants as there is a current bill open for legislation that will give them benifit.
So who really are the 245i filers?

Please dont ask me to look into the relevent thread to find out the details. If someone can tell in short 1-2 sentences that would be enough.

I am thinking are we making too much of the 245i filers??

neo

 

[texancanadian]

They are ppl who were illegal who Clinton gave an opportunity to legalize themselves if they found a sponsoring employer or could apply through family based Immigration.
Basically they are in grey area. If USCIS catches them working illegally they can still be deported. Their status is technically illegal so they cant use Advanced Parole, travel out of the country, apply for a visa etc either.
In Houston we have tons and tons of ppl on 245I. I know a few Indians on 245I but the majority I have seen are Pakistani nationals working in the gas station/convenience store/dry cleaning/dollar store business either as owner operators or Managers.

 

[gravitation]

Not many of them are computer literate and hang-out at forums such as this. Many are still not comfortable talking in English. If you want to meet them, talk to the guy delivering your furniture next time or the one mowing your lawn. Hanging out at blue-collar bars will help too.

While I was reading this post I suddenly realized that I have not come across a single 245i filer ever. not in this forum, not in real life.
So who are these people really. Obviously they are not illigal immigrants as there is a current bill open for legislation that will give them benifit.
So who really are the 245i filers?

Please dont ask me to look into the relevent thread to find out the details. If someone can tell in short 1-2 sentences that would be enough.

I am thinking are we making too much of the 245i filers??

neo

 

[marlon2006]

I know one from Malasia, he tells me he is a prince. During the night he works at 7 Eleven though.

Not many of them are computer literate and hang-out at forums such as this. Many are still not comfortable talking in English. If you want to meet them, talk to the guy delivering your furniture next time or the one mowing your lawn. Hanging out at blue-collar bars will help too.

 

[neocor]

Not many of them are computer literate and hang-out at forums such as this. Many are still not comfortable talking in English. If you want to meet them, talk to the guy delivering your furniture next time or the one mowing your lawn. Hanging out at blue-collar bars will help too.

I know most are not computer literate.
And I do come across a lot of such people that you are talking about.
Actaully I even play cricket with a lot of car drivers, gas station workers, but I have never come across these people talking about any of the immigration issues like GC.
I guess they are more happy the way they are. Dont want to get into this jumble of legal jobs and end up paying taxes for what they earn.

These guys seems to be more relaxed about GC stuff.

neo

 

[saras76]

Illegals have nothing to lose ..

I know most are not computer literate.
And I do come across a lot of such people that you are talking about.
Actaully I even play cricket with a lot of car drivers, gas station workers, but I have never come across these people talking about any of the immigration issues like GC.
I guess they are more happy the way they are. Dont want to get into this jumble of legal jobs and end up paying taxes for what they earn.

These guys seems to be more relaxed about GC stuff.

neo

neocor,

The illegals have knowingly taken a risk and they have come to terms with their actions. They are working, making money, not paying taxes and the INS is not really doing anything to harm their interests. Why would they worry? Also low paying jobs are abundant so they are never really scared of losing a job and not finding another one. I am sure they are not living a grand life and face a lot of hardships but I don't think they are that worried about immigration. When the INS is not even aware of their presence how can it deport them?

It is us legal immigrants that are consumed by this mess. We are scared of making one wrong move. We are always thinking of worst case scenarios and keep following the laws eventhough the laws are harming our future prospects in terms of career enhancement and personal investments. Its all in our heads really. We are choosing to live this way. Over the past year I am trying hard to get out of this mindset. I am trying to do all I can to improve my personal situation without constantly thinking about the GC. I am trying to get out of this "scared" mentality that I have been living in for 7-8 years now. I have found that there are lot of things we can legally do and feel a little better about ourselves and our situation.

regards,

saras76

 

[GaramChai2go]

Talking about illegals...

http://www.cnn.com/2006/LAW/04/20/immigration.raids/index.html

 

[aaloo_prasad]

Don't the 245i belong mostly to other category and few on EB3??
Eb3 requires Bachelors degree and gas station cleark does't require to have a bachelors degree.
So why is EB3 effected so badly with 245i??

 

[saras76]

EB3 skilled worker category ..

Don't the 245i belong mostly to other category and few on EB3??
Eb3 requires Bachelors degree and gas station cleark does't require to have a bachelors degree.
So why is EB3 effected so badly with 245i??

aaloo_prasad,

A cook or carpenter or someother worker with two years of work experience is considered under the skilled worker EB3 category. So in this category you will find guys with bachelors from IIT and MIT and also clerks and cooks with no education at all. Just another example of what they really think of H1Bs converting to EB3 status. There is no real difference between breaking the law and following it. In the end everyone is thrown together and made to suffer.

regards,

saras

 

[kamrans]

Actual Question

Does the clintion administration know at the time of the approval of this bill that there will be 350,000 people sharing the quota of 140,000 and what will happen to those who get the legal immigration?.
I dont think these people are so dumb and stupid.
Question is why the illegals are sharing the legal quota? and why the quota never got increased?.

aaloo_prasad,

A cook or carpenter or someother worker with two years of work experience is considered under the skilled worker EB3 category. So in this category you will find guys with bachelors from IIT and MIT and also clerks and cooks with no education at all. Just another example of what they really think of H1Bs converting to EB3 status. There is no real difference between breaking the law and following it. In the end everyone is thrown together and made to suffer.

regards,

saras

 

[saras76]

Great question ...

Does the clintion administration know at the time of the approval of this bill that there will be 350,000 people sharing the quota of 140,000 and what will happen to those who get the legal immigration?.
I dont think these people are so dumb and stupid.
Question is why the illegals are sharing the legal quota? and why the quota never got increased?.

kamrans,

That is the million dollar question. How can the government grant amnesty to 300K+ people and not add visas? Its just another example of another stupid goverment policy implemented without any planning or thought. At least in this current debate they are tackling amnesty along with provisions to increase the number of visas in the pool. Although the increase in visa numbers will not be sufficient to accomodate 11 million illegals. If this current bill passes then we will see a repeat of what is happening now in about 6-7 years when the illegals become eligible to file.

regards,

saras

 

[marlon2006]

I talked for 30 minutes about this topic with the director of the regional DOL:
He told me that at that time such amnesty was passed by Pres. Clinton, the DOL warned government officials in a meeting about the chaos that was about to occur due to lack of visa numbers, lack of staff, etc.
He told me that they acknowledged the issue, but the government preferred to simply ignore it. The amnesty was granted from a political perspective, in which he told me that Pres. Clinton wanted to make the Democrats look good by granting such 245(i) visas to folks around and win votes that way. It is all about politics for sure. No one cares with efficiency here or studies on how you can actually can implement it. That's bring my point:

That's the motive in which I question how we could benefit by the coming immigration reform laws when our cause continues to be subordinated to the illegal alien bill. Most likely priority would be given to the larger group, the illegal aliens, and chances are our process would be drastic delayed by that. How can USCIS manage such guest-worker program ? If you observe the history behind the 1986 amnesty, you will see massive numbers of fake documents and fraud all over the place. That was for 3 million people. Imagine what it could be a guest-worker/amnesty program for 12-20 million people. Everyone interested could fake documents and prove residency here for 5+ years. The bottom line is, somehow I hope that the house put on hold the guest-worker program for now and passes our provisions only. I know all that is very hard. We'll see it.



The told me that

kamrans,

That is the million dollar question. How can the government grant amnesty to 300K+ people and not add visas? Its just another example of another stupid goverment policy implemented without any planning or thought. At least in this current debate they are tackling amnesty along with provisions to increase the number of visas in the pool. Although the increase in visa numbers will not be sufficient to accomodate 11 million illegals. If this current bill passes then we will see a repeat of what is happening now in about 6-7 years when the illegals become eligible to file.

regards,

saras

 

[GaramChai2go]

Very losy situation

I can prove I have been legally here more than 5 yrs, but still I may have to wait or may be I better off proving myself illegal ( if I can)

 

[balu_g]

Hi Marlon, Thanks for all the information.

Regarding this:-

Everyone interested could fake documents and prove residency here for 5+ years.

I was discussing this with someone. If someone is illegal how can the govt track how many years they were in US. IMO all illegals are capable of saying they were here for 5+ years and start GC. Oh man!