Movement To Remove Retrogression And Have A Better Life

In Shusterman's immigration update, the following is the description given of the senate judiciary committee meeting -

"The Senate Judiciary Committee held a legislative hearing on "Comprehensive
Immigration Reform" on July 26. We link to the testimony of the witnesses
from our "Immigration Legislation" page at

http://shusterman.com/toc-leg.html#3 <http://shusterman.com/toc-leg.html>

Unfortunately, both of the Administration's representatives, DHS Secretary
Chertoff and DOL Secretary Chao, cancelled their scheduled appearances before
the Committee, leaving the Administration's position on both the McCain-Kennedy
and the Cornyn-Kyl bills a mystery
.

The Committee Chairman, Senator Arlen Specter (R-PA), clearly annoyed, stated
that "the absence of the administration officials is not going to slow us down.
We, of course, would rather have their input, but we are going to proceed to
move here with legislation. When the administration wants to chime in, we'll be
ready to listen
."

The Cornyn-Kyl bill requires persons presently residing illegally in the U.S.
to either leave the U.S. within five years or be ineligible to immigrate to
the U.S. for ten years. Senator McCain, testifying at the hearing, called this
requirement "totally impractical".

After the hearing, Senators McCain and Cornyn met with White House senior
advisor Karl Rove."


Mr. Shusterman's comments about when the legislation is likely were -

"The Administration is forming a coalition to be called "Americans for Border
and Economic Security". However, President Bush is planning to promote
immigration reform not now, but in time for the 2006 elections
."
 
Comparison of McCain-Kennedy and Cornyn-Kyl Immigration Reform Bills

Guys,

As per latest sept visa bulletin, there will be cut-off date for EB-3 for India, China, Philli (also may be for Mexico as well) starting from Oct. Also they are anticipating cut-off date for EB-3 worldwide and for EB-2 (India, China) by Dec. As per them, once established, cut-off date meovements are likely to be slow. So it is our last hope to resove visa retrogression by passing immigration reform bill with related measures. Both bills supports to recapture unused visas, increase per country limit and increase (or reallocation) overall employment based visas. As President Bush said, immigration reform is his priority and so there will be very important development starting from early next month.

SO PLEASE EVERYONE ASK THEIR SENATORS/CONGRESSMAN/PRESIDENT TO SEEK THEIR HELP TO RESOLVE EMPLOYMENT BASED VISA RETROGRESSION ISSUE AND SUPPORT RELATED SECTION IN BILL BY WRITING EMAIL/LETTER/FAX/PHONE AS SOON AS POSSIBLE.

Come on guys, lets do it!!!


See comparison of McCain-Kennedy and Cornyn-Kyl Immigration Reform Bills:

http://www.shusterman.com/pdf/mccainvscornyn.pdf
 
Is retrogression bad?

If all the service centers are very efficient, then retrogression is bad. But, in reality, NSC, TSC are slower than CSC and VSC. With this, I believe retrogression helps to even out the differences in processing speeds of various service centers. If there is no retrogression, CSC and VSC will start issuing visas to applicants even from late 2005. But NSC & TSC applicants with earlier PDs will have to wait longer and longer. So,in a way isn't retrogression good? At same time it really bothers when they refuse to accept of I485 applications if PD is not current. I think they should accept I485 applications regardless of PD Cut off dates. That way the appplicants can start working on EADs.
 
news from immigration-law

08/17/2005: October New Fiscal Year Visa Number Allocation and USCIS Preparation for Adjudication of EB-3 485 Applications

* Early next month, September, DOS will release the October 2005 Visa Bulletin and people will see the impact of new fiscal year visa number allocation on EB-3 visa number availability. As the State Department has already predicted, EB-3 visa number may become current for world-wide, and even for China and India, some numbers may become available inasmuch as their priority dates are older than the new cut-off dates which the October 2005 Visa Bulletin will establish.
* Report indicates that the Service Centers have been continuously processing EB-485 cases even though their visa numbers are currently unavailable and they cannot decide the cases. They are getting ready for October 1, 2005! No wonder why the EB-3 I-485 applicants have been receiving biometic appointment letters en masse lately. This is certainly not a bad news at all.
* Here are a few pointers which may help the people who have been anxiously waiting for the EB-3 visa numbers becoming available for them:
o First, when you receive the biometric scheduling, you should never reschedule it as it can cause a delay in processing your EB-3 I-485 applications. For Indians and Chinese, you may learn that such rescheduling will turn out be one of the most serious mistakes you would ever have made in the immigration journey.
o Second, when RFE is received for either I-140 or EB-3 I-485 applications, you should send in responses as promptly as possible so that your cases will get ready for adjudication when the EB-3 visa numbers will become availabe on October 1 and thereafter.
o Third, you should not do anything that can trigger transfer of EB-3 I-485 applications to the local district offices for interview or issuance of RFE. Once the cases are transferred to the local offices, the cases are subject to the local offices processing queue and decisions can be delayed substantially. Same will be true with the RFE. Those who have changed employers using AC 21 180-rule may want to assess the advantages and disadvantages of proactively reporting their employment changes with the help of their legal counsels.
o Fourth, you should not do anything that will either cause a delay in completion of the name checks or trigger trasfer of the case to local district offices for clarification of issues that surfaced through the name checks for fact findings through the interviews. Minor violations of criminal law or local ordinance that require fingerprinting may trigger transfer of the cases to local offices, no matter whether it involves a deportable offense or not. Exit from the U.S. may also be reported by BCP inspectors through the database and the surrendered I-94 documents, which can cause some delays in adjudications, even though in most cases international travelling should not and have not affected adjudication of I-485 applications.
o If you have any violation of status in whatever forms after filing I-485 applications, your contact with the agencies through extension or change of nonimmigrant status should be minimized as their findings of violation of nonimmigrant status post-filing of I-485 will seriously affect your eligibility for adjustment of status.
 
To all

Hi

Kindly answer the question if you know about this situation.

My wife is primary applicant for greencard. I would like to confirm if it is true that even though she is an Indian citizen, she can apply to I-140 and I-485 at the same time though it(I-485) is retrogressed because she was born into middel east country.

Please answer the question if you know about this.
 
Whyallthis said:
Hi

Kindly answer the question if you know about this situation.

My wife is primary applicant for greencard. I would like to confirm if it is true that even though she is an Indian citizen, she can apply to I-140 and I-485 at the same time though it(I-485) is retrogressed because she was born into middel east country.

Please answer the question if you know about this.

I think so.. check with lawyer
 
EB-3 Visa Number Problem and Likely Relief by Pending Immigration Reform Bills

So far we have reported a depressing EB-3 visa number prediction based on the current immigration law that allocates only 140,000 a year for the employment-based immigrant visas. However, there are two leading immigration reform legislative bills pending in the Senate which are likely to give some relief to the EB-3 backlog problem, should the bills be enacted into law. One is McCain-Kennedy bill, S. 1033, and the other Cornyn-Kyl bill, S.1438. These bills have attracted a lot of attention from the media and public in two respects: Differences in the two bills in the issues of legalization of illegal aliens and the weight of border and enforcement in the nation's immigration policy.

However, from the perspective of the employment-based immigrant community, these two bills will benefit, albeit differently, the EB-3 workers tremendously. The following table compares the current EB visa number allocation system with proposed changes in the allocation system in these two bills:
Current System <==> Cornyn-Kyl bill <==> McCain-Kennedy bill
EB Total Annual Quota 140,000(100%) <==> 190,000(100%) <==> 290,000(100%)
EB-1 28.6% <==> 20.0% <==> 20.0%
EB-2 28.6% <==> 20.0% <==> 20.0%
EB-31 28.6%* <==> 35.0% <==> 35.0%

*Includes EB-3 EW unckillsed other worker upto 10,000

=> Current EB-3 EW Other Workers Included in EB-31 per current system -Current EB 3 EW is reclassified into the new EB-5 preference
=> Current EB-4 (Special Immigrants) 7.1% per current system - Current EB-4 category removed.
=> Current EB-5(Investor) 7.1% per current system - Reclassified into the new EB-4 preference
=> New EB-4(Investor) - 4.0% (Cornyn-Kyl bill); 5.0% (McCain-Kennedy bill) -Formerly EB-5
=> New EB-5(Other Workers) - Upto 36.0% (21.0%) (Cornyn-Kyl bill); Upto 30.0% (20.0%) (McCain-Kennedy bill) - Formerly EB-3 EW Other Workers. Since it is the lowest preference, if EB-1, EB-2, EB-3, and EB-3 use up their numbers, the practical available number would be the figures in the parenthesis.

Under both Cornyn-Kyl bill and McCain-Kenney bill, the big winners will be the current EB-3 workers. For instance, current EB-3 quota, excluding nurses and physical therapists, is approximately 40,000 a year including EB-3 skilled and professional workers and EB-3EW other workers (upto 10,000), but it will increase to 104,000 plus (66,500 EB-3 + 38,000 new EB-5) under Cornyn-Kyl bill, and to 159,000 plus (101,500 EB-3 + 58,000 new EB-5) under McCain-Kennedy bill. Part of this benefit will come from termination of immigration visa lottery, 55,000 (DV Program). Both bills also provide positive recapture of unused numbers in the previous years which will lead to some numbers available for the regular EB-3 workers after taking away 50,000 numbers by the nurses and physical therapists.

When it comes to the specific numbers, the two bills differ to a great extent, but remarkably both bills are committed to reducing the serious EB-3 backlogs under the current immigration quota system. This is a good news.

Source: http://www.immigration-law.com/

So bottomline is, support this bill strongly by sending letter/email/fax or phone call to your Senators/Congressman/President/Committees.

Don't know who is your senators/congressman or what to send? Click here:
http://immigrationportal.com/showpost.php?p=1202739&postcount=183
 
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Kewl, that a good detailed and consice info about the benfits of these bills.
I have been lazy to look up the details of these bills to search for the relevant information.

I was of the view that any immigration reform bill will be aimed at Nurses, Physical Therapists and illigal immigrants, as is been the trend this year. I am still skeptical about the real benifit that most of the Tech workers are going to receive out of this. On top of it it looks good, but over the years I have realized that the EB3 category covers a broad range of occupations that includes the Tech workers.

So unless I hear something very specific benifit aimed at Tech workers I will be sceptical. But again broadly speaking the increase in the EB3 numbers ideally should benifit us eventually, unless we get surprised later when the bill really gets passed.

My pessimism stems from the fact that I dont see any reason for any of the senator or the congressman to fight for us. They wont gain anything by doing anything good for the Tech Workers category. Noone is pushing them or promising them any kind of support in future elections. In politics its always Quid Pro Quo, so someone tell me what is anybody going to gain by providing relief to Tech Workers?

Having said all this we should support this bill, whatever be the result to us. If nothing comes out of it we proceed further in our quest to find a supporter. And if it does ends up benefitting us then well and good.

neocor
 
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neocor,
The benefits are same as what would be for non-tech workers as well. ideally, your congressmen/senators shouldn't think of what 'benefits' they get from a bill, but rather to their constituents. Having said that, I would outline the tremendous contributions of foreign workers especially in the technology area for several years in the respective state. w/o the GC, one could make a case for potential loss of intellectual capability/expertise from the constituency or loss of potential entreprueneral opportunities (not a solid case, but something on those lines). We can try, and if the senator/congressman trashes the email or fax, it wouldn't be alone in the bin :).

If someone has come up with a decent format to support this bill, I did be interested.

peace
 
About 2 weeks to go and there remains scary silence on this forum which really makes me nervous. I have seen couple of forums where there are many who have made predictions and given their views on the movement of PD. I know there are quite many folks here on this forum who have something to say about the dates. Agreed that it may not help to speculate, but hey, I am so curious and anxious. :confused:
 
gceeker05 said:
About 2 weeks to go and there remains scary silence on this forum which really makes me nervous. I have seen couple of forums where there are many who have made predictions and given their views on the movement of PD. I know there are quite many folks here on this forum who have something to say about the dates. Agreed that it may not help to speculate, but hey, I am so curious and anxious. :confused:

You are probably missing out on so many threads on this forum that survive just on the predictions and guesstimates. There is one thread in which the OP calculated the average guesstimate after a week of predictions. It was fun.

Why dont you start a new one of your own. What the heck have some fun until the bad news arrives in the second week of September.
 
CUT-OFF DATES FOR OCTOBER 2005 - Bad Scenario

Guys,
Someone posted in
http://www.immigrationportal.com/showthread.php?t=183468&page=3&pp=15
that the U.S. embassy at Manila has put the cutoff dates at
http://usembassy.state.gov/manila/wwwh3227.html
As you can see the P.D.s for India for EB3 seem to be at 1-Jan-98 (7 years retrogression for India - back by 4 more years!!). I would wait for the "official" news but this is indeed a very bad indicator. This actually shows that Employment visas are behind Family visas now! If this is true, we must all make a concerted effort to again contact our law makers. The alternative is still bad - wait for a lot of years in the present uncertainity.
Sandeep
 
Sandeep_N said:
Guys,
Someone posted in
http://www.immigrationportal.com/showthread.php?t=183468&page=3&pp=15
that the U.S. embassy at Manila has put the cutoff dates at
http://usembassy.state.gov/manila/wwwh3227.html
As you can see the P.D.s for India for EB3 seem to be at 1-Jan-98 (7 years retrogression for India - back by 4 more years!!). I would wait for the "official" news but this is indeed a very bad indicator. This actually shows that Employment visas are behind Family visas now! If this is true, we must all make a concerted effort to again contact our law makers. The alternative is still bad - wait for a lot of years in the present uncertainity.
Sandeep

Thats wonderful. I guess in later in Dec the PD's will go back to 1978
 
Dont Just Think, Do Something

GUYS
THIS IS NOT SHIT

THIS IS MUCH MUCH MUCH MORE THAN A SHIT.....

YOU KNOW WHAT


READ THESE WORDS CAREFULLY

IF YOU POLISH SOMEONES SHOE ONE TIME THEY WILL MAKE YOU DO AGAIN AND AGAIN

IF YOU DO SOMETHING FOR YOUR BOSS ONE TIME HE WILL MAKE YOU DO AGAIN AND AGAIN


NOW IS THE TIME

YES PEOPLE NOW IS THE TIME

OPEN YOUR FREAKING EYES


YES IF YOU WANT YOU CAN LAUGH AT ME, BUT THAT'S NOT GOING TO HELP

EVERYONE SHOULD BE ACTIVE

ASK ALL YOUR FRIENDS TO BECOME A MEMBER OF THIS GROUP


THIS TIME WE NEED TO PLAN VERY GOOD AND PRESENT OUR CASE

OTHERWISE NOBODY WILL LISTEN TO US


THERE IS A LOT OF WORK TO DO START IT

NEXT FEW DAYS, EVERYONE SHOULD COME UP WITH IDEAS AND ASK ALL YOUR FRIENDS TO JOIN THIS GROUP BY FOLLOWING LIK

http://www.groups.yahoo.com/groups/techworkers



DO IT NOW MAN

DONT EVEN WASTE A MINUTE
DONT EVEN WASTE A DAY

ASK THAT GUY WHOSE PRIORITY DATE WAS JUN 2 2002

ASK HIM HOW HE FEELS NOW.............WHO WAS 1 RUN SHORT OF WINNING THE WORLD CUP OR 1 POINT SHORT OF WINNING GRAND SLAM


OR 1 YARD SHORT OF TOUCH DOWN

GUYS THIS IS NOT FUN

YOU NEED TO PASS THIS TEST

PLEASE PLEASE

I UNDERSTAND EVERYONE IS BUSY AT WORK

BUT ITS BETTER TO SPEND TIME RATHER THAN WAITING FOR 10 YEARS FOR GC


DONT THINK OTHERS WILL DO IT

IF YOU DONT DO IT NOBODY ELSE WILL

SO CHEER UP

SEND THIS LINK TO YOUR FRIENDS AND KEEP POSTING YOUR IDEAS ABOUT WHAT'S NEXT

http://www.groups.yahoo.com/groups/techworkers
 
Get Active For Your Own Future

GUYS
THIS IS NOT SHIT

THIS IS MUCH MUCH MUCH MORE THAN A SHIT.....

YOU KNOW WHAT


READ THESE WORDS CAREFULLY

IF YOU POLISH SOMEONES SHOE ONE TIME THEY WILL MAKE YOU DO AGAIN AND AGAIN

IF YOU DO SOMETHING FOR YOUR BOSS ONE TIME HE WILL MAKE YOU DO AGAIN AND AGAIN


NOW IS THE TIME

YES PEOPLE NOW IS THE TIME

OPEN YOUR FREAKING EYES


YES IF YOU WANT YOU CAN LAUGH AT ME, BUT THAT'S NOT GOING TO HELP

EVERYONE SHOULD BE ACTIVE

ASK ALL YOUR FRIENDS TO BECOME A MEMBER OF THIS GROUP


THIS TIME WE NEED TO PLAN VERY GOOD AND PRESENT OUR CASE

OTHERWISE NOBODY WILL LISTEN TO US


THERE IS A LOT OF WORK TO DO START IT

NEXT FEW DAYS, EVERYONE SHOULD COME UP WITH IDEAS AND ASK ALL YOUR FRIENDS TO JOIN THIS GROUP BY FOLLOWING LIK

http://www.groups.yahoo.com/groups/techworkers



DO IT NOW MAN

DONT EVEN WASTE A MINUTE
DONT EVEN WASTE A DAY

ASK THAT GUY WHOSE PRIORITY DATE WAS JUN 2 2002

ASK HIM HOW HE FEELS NOW.............WHO WAS 1 RUN SHORT OF WINNING THE WORLD CUP OR 1 POINT SHORT OF WINNING GRAND SLAM


OR 1 YARD SHORT OF TOUCH DOWN

GUYS THIS IS NOT FUN

YOU NEED TO PASS THIS TEST

PLEASE PLEASE

I UNDERSTAND EVERYONE IS BUSY AT WORK

BUT ITS BETTER TO SPEND TIME RATHER THAN WAITING FOR 10 YEARS FOR GC


DONT THINK OTHERS WILL DO IT

IF YOU DONT DO IT NOBODY ELSE WILL

SO CHEER UP

SEND THIS LINK TO YOUR FRIENDS AND KEEP POSTING YOUR IDEAS ABOUT WHAT'S NEXT

http://www.groups.yahoo.com/groups/techworkers
 
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