Please sign for EB improvement - AILA

To UN

UN,

Some of your comments have made me feel that you are connected to AILA/lawyers and trying to promote the lawyers lobby i.e. the more the retrogession the better it is.

Your comment on EB candidates
Just like illegals; enforcement first, relief second.
Sounded like AILA and disturbing....

Your comment on Staffing companies that
Staffing companies are here to stay. They fill a very crtical need due to the larger companies or the middle staff augmentation companies lack of ability to apply for h-1b's and/or greencards.

I think your spin is very much in line with AILA/lawyer lobby.

Am I correct in my interpretation?
 
I really don't think that we can achive anything by taking it to senators, AILA... We simply don't have any alternative action. As far as citizens are concerned, the current immigration system is the law. If there are more people from any country, immigration just takes more time -- this is the law for many many years -- like it stay here or we are free to leave. Why would one change the entire immigration system just for one or two countries now. We cannot just fight the system in this point of view. If immigration is an issue, businesses know how to get the work done either by outsourcing or bringing illegals. Who would lobby for us in this situation-- no one. Anyway, an average H1 (including me) on IT jobs does less important jobs in this country whats the big deal in outsourcing such jobs, atleast it saves money and reduces overhead in the long run for the country.

What is our alternate action for delays ? -- get a good job in our home country with same pay and life style. Why not Japanese or Germans flock to America on H1s -- because they are better off over there. Law makers certainly know about Indians plight but we will not have any relief until we have an alternate option.
 
UN/Bare Babu/Ice Man (since you find everything 'dangerous'!)

Why do you think the I-485 filing when dates are not current WITHOUT the ability to get an EAD will NOT work.

Does it not help both USCIS and EB's know the number/pool of people waiting for getting GCs'; creates a more systematic waiting period where both USCIS and EB's have a clear range of time it will take to get their GC's. I think the idea makes sense as it creates a line where everybody knows their 'waiting time' if you may call it. There are so many labors that were filed by staffing companies where the candidates have left, multiple labors etc. There is also the problem of USCIS not being able to use the present limits of the GC's allowed for the year since it does not know how much the demand may be.


When you say it will not work, do you have any specific reasons against the merit of the idea or do you think it is operationally difficult.

Also can comment if you stand for the SKIL Bill/comprehensive solution or not?

Thanks




unitednations said:
I have to give you kudos for trying something.

However, this would make no sense whatsoever.

Also, I think this was a trick question for you.
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nyc8300 said:
UN/Bare Babu/Ice Man (since you find everything 'dangerous'!)

Why do you think the I-485 filing when dates are not current WITHOUT the ability to get an EAD will NOT work.

Does it not help both USCIS and EB's know the number/pool of people waiting for getting GCs'; creates a more systematic waiting period where both USCIS and EB's have a clear range of time it will take to get their GC's. I think the idea makes sense as it creates a line where everybody knows their 'waiting time' if you may call it. There are so many labors that were filed by staffing companies where the candidates have left, multiple labors etc. There is also the problem of USCIS not being able to use the present limits of the GC's allowed for the year since it does not know how much the demand may be.


When you say it will not work, do you have any specific reasons against the merit of the idea or do you think it is operationally difficult.

Also can comment if you stand for the SKIL Bill/comprehensive solution or not?

Thanks
Click to expand...

Right, I would propose one more "improvement" :

To suspend EAD and AP of the people who is on I485 and who's PD is not current.
 
Look at the current immigration process,

ROW eb3 -- continue to move forward because they get all the spill over, no one will complain about it.

ROW eb2, eb1 -- they are sure get greencard within 6-8 months.

China -- Their economy is booming and chinese are not coming in large numbers now a days, look at their eb2 and eb1 movement.

Mexico -- These guys know all tricks in book and they are just neighboring country. That changes their approach completely.

India -- No where to go but just ask for immigration process change that will help indians here.

When the law makers look at any petition, most tend to project negatively as it is advantageous to only indians and everyone else is moving at a decent pace. When it is only for us, the more we highlight our plight the more we attract attention. Economy is not booming and public sympathy is not with us anymore and the IT majors know how to handle the shortage. Try to get decent fulltime job in bay area, one will know how the companies behave and the public feel.
 
UN,
Many people file 485 who are not in dual intent visa (f-1, b-1, b-2, etc.); once they file 485 then they pretty much have violated those visas and wouldn't be able to extend; leave the country or work.
I am talking only about H-1b's here, not f-1's and others.
I am not totally going by the book here and certainly not thinking comprehensive. just trying to look at one issue and see everything around it.

However, USCIS has a mutli billion dollar budget. There are a lot of smart people working there.

It is really hard to gulp that one. As we know multi billion budgets are not always very productive. If USCIS is going back and forth in visa dates for retrogessed countries, does that not indicate some gap in their estimates on I-485's usage (assuming they are smart as you say). Even if they know everything does that mean the EB retrogessed candidates may not
ask for any improvement in getting an estimate of the wait time for GC's. Getting a better estimate of the 'waiting time' is probably a protocol followed by your neighbouring pizza joint too. So maybe USCIS can use some dollars out of the multi billions to facilitate that.

I guess you are in support of the SKIL Bill/comprehensive solution, or am I off on that one. Assuming all the pluses/negatives of the SKIL bill, if you had to do a 'yes' or 'no' what would you do? Would you consider that to be the best solution on the table yet for skilled workers.


unitednations said:
Your argument to allow the 485 filings without ead/ap as a "process improvement" for USCIS doesn't hold much merit. It is inherent in the law that you can only file for an immigration benefit when you are eligible. People who file 485's give them authroized stay to be here. Many people file 485 who are not in dual intent visa (f-1, b-1, b-2, etc.); once they file 485 then they pretty much have violated those visas and wouldn't be able to extend; leave the country or work.

USCIS supplies data to department of state for visa retrogression purposes mainly by 140's approved. They already have a system to determine the dates.

They are not in the dark ages as everyone believes. There are a lot of people who think they know how the process works or are willing to lend a hand in helping USCIS with their procedures.

Everything from Ombudsmen report of what is wrong and process improvement; he could have learned just by sitting on this portal and watch the postings.

However, USCIS has a mutli billion dollar budget. There are a lot of smart people working there. There are inherent difficulties within the process which aren't fixable without allowing more fraud/gaming of the system. If they became very easy then there wouldn't be much process efficiency to do because they would do minimal amounts of checks. However, they have a mandate that only people who are eligible for the benefits should get them. They do exhaustie review/analysis which slows down the process.

How much does your lawyer charge to file the 485? $1,000 or so. It may take them one hour to do the paperwork.

USCIS receives $395 for the 485 application. They go through your entire immigration history; look for breaks in I-94's, lawful entries; background research, fbi research, etc. It is not as simple as process as everyone thinks.
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really does not matter what a particular person thinks of the skil bill. we should not be just focusing on one aspect of the bill; the bill does have some good provisions (changes the way the labor market would be tested for perm, not counting dependents in the EB numbers, and so on).
Intent behind it is to try to prevent the outflow of skills gained by foreigners in the US. Right now, some think there is just not enough evidence that (outflow of skills) is happening because of retrogression; after all, people from ROW are getting their GCs faster than ever.
nyc8300 said:
UN,
Many people file 485 who are not in dual intent visa (f-1, b-1, b-2, etc.); once they file 485 then they pretty much have violated those visas and wouldn't be able to extend; leave the country or work.
I am talking only about H-1b's here, not f-1's and others.
I am not totally going by the book here and certainly not thinking comprehensive. just trying to look at one issue and see everything around it.

However, USCIS has a mutli billion dollar budget. There are a lot of smart people working there.

It is really hard to gulp that one. As we know multi billion budgets are not always very productive. If USCIS is going back and forth in visa dates for retrogessed countries, does that not indicate some gap in their estimates on I-485's usage (assuming they are smart as you say).

I guess you are in suppot of the SKIL Bill/comprehensive solution, or am I off on that one. Assuming all the pluses/negatives of the SKIL bill, if you had to do a 'yes' or 'no' what would you do? Would you consider that to be the best solution on the table yet for skilled workers.
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it would take x months for GC

nyc8300 said:
...
I am talking only about H-1b's here, not f-1's and others.
I am not totally going by the book here and certainly not thinking comprehensive. just trying to look at one issue and see everything around it.
.....
Click to expand...

Let me get that. You are on H1 status and have an approved I-140 petition. You would like to file I-485 and would like an accurate estimate how long it will take to get GC so that you can plan things (like stay with current employer etc).

I am still wondering what will you gain by ability to file I-485 without EAD.

Are you working for the employer who has filed I-140 for you. If so, you are already working for the employer with whom you have shown "intent" to work for.
 
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desi3933 said:
Let me get that. You are on H1 status and have an approved I-140 petition. You would like to file I-485 and would like an accurate estimate how long it will take to get GC so that you can plan things (like stay with current employer etc).

I am still wondering what will you gain by ability to file I-485 without EAD.

Are you working for the employer who has filed I-140 for you. If so, you are already working for the employer with whom you have shown "intent" to work for.
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Just debating if USCIS knows about the number of people who are retrogessed. UN thinks they do, I think they don't and even if USCIS does know why don't they let the retrogessed people get a better estimate. Let's wait for UN's comment.
 
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nyc8300 said:
Just debating if USCIS knows about the number of people who are retrogessed. UN thinks they do, I think they don't and even if USCIS does know why don't they let the retrogessed people get a better estimate. Let's wait for UN's comment.
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So you think by allowing selective people (H1/L1) to file I-485, CIS should be able to accurately estimte wait time for GC. And, how you think other people (like people outside US with approved I-140, people on F1/B1/H4) will add up later for I-485/CP will not impact the wait time estimate.

Rule: Allowing selective numbers to process can never result in accurate estimates.
 
If DOS indeed uses a complex formulate to establish cut-off dates that takes so many factors into account, it can be difficult to generate a bulletin and post it on the web (for family, EB, DV etc) with in two days of receiving the data from USCIS (based on the information from any bulletin i.e., first paragraph and signed date at the bottom) I assume either they have a simpler formula or an automated system to do the filtering/calculation etc.
 
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