Predicted Priority Dates for final quarter of FY2005

I Was There

I Was There In The Conference
I Appreciate Sandeep's Effort To Bring Up Most Of The Issues In The Conference

Like Rajiv Said, Until We Dont Act Nothing Will Happen

And 1 More Thing 10 People Spending 1 Hour Every Week Will Make A Difference

So Let's Start On It Instead Of Wasting Time

I Have Many Friends So They Will Belong To Some Congressional District

Lets Do It
 
Live with Retrogression

I was there in the conference. Bottomline is that we have to learn to live with retrogression and it will be part of our lives now going forward unless the congress amends the law to increase the IV numbers. :( WOW what a mess.

My PD is Sept 04, I guess it will take another 4-5 years to get there. Oh comeon I cant even imagine this. :mad:

____________________________________
I am not an attorney. Just my opinions.
 
Ban Substitution LC

One thing EB3 people have to understand is that retrogression is not something new. It has always been a part of the US immigration system. Just take a look at family based immigration cut off numbers and you would get a perspective of how worse it can get. Congress is more skewed towards family unity based legislations. One reason could be that the family based petitions have a valid US citizen as the petitioner for a family beneficiary and he or she could be their constituent and also have voting rights. Honestly, I cant understand why some people who have their PD's just in 2004 are so worried about this retrogression, considering the fact that historically it has always taken about 4 years to get a GC, on an average. In my opinion, the only thing we should fight for is banning substitution LC's, since most of the employers would try to substitute LCs approved from BEC's with newer employees and making the retrogression even worse. As far as retrogression issue, once the new 140K numbers are released in October, it should eventually help redress the situation.
 
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Catch,

Do not compare Employee Based GC with Family Based GC. Son/daugthter never layoff his parents while GC under process.

Employee Based green card process is very insecure and we should get it as soon as possible.

Employees can not tolerate deyas.. Do not say we have to live with world. We can make difference if we try hard and raise our voice.

We have to give our best shot..,
 
Sandeep_N said:
Some of us had a teleconference with Rajiv Khanna.

Meeting minutes:
About retrogression -
- No real estimates possible
- Nothing possible at the advocacy level - some change in legislation the only way out.
- Situation would most probably get worse because of PERM (for people filing in 2005 onwards) and huge number of backlog reduction cases (especially CA/NY)
- CP not recommended as it does not have AC21 provisions. Better to file for 485 when the P.D. becomes current - reason given was that the P.D. could change by the time one actually shows up for the interview.

Actions -
- Recommended action - get a 3rd year law student to draft the petition
- Individual petitions should be submitted personally to local congressmen/senators. It is better to take constituents along whose votes count. Follow up necessary.
- Officials only respond to their constituents - so a nationwide effort covering all states is to be made.
- Write to employers and ask them to pursue the matter

Others who attended the telecon, feel free to post if I missed anything
Sandeep
Click to expand...


Thanks Sandeep for posting meeting minutes.

Could you please give us more information on what was discussed on this topic:
- CP not recommended as it does not have AC21 provisions. Better to file for 485 when the P.D. becomes current - reason given was that the P.D. could change by the time one actually shows up for the interview.

i am very worried now. Does this mean, once interview is scheduled. one goes back to india or whatever country . There is no guarante that interview will be taken ?
 
I agree with you. Sub labor should be banned.

catch_22_4_GC said:
One thing EB3 people have to understand is that retrogression is not something new. It has always been a part of the US immigration system. Just take a look at family based immigration cut off numbers and you would get a perspective of how worse it can get. Congress is more skewed towards family unity based legislations. One reason could be that the family based petitions have a valid US citizen as the petitioner for a family beneficiary and he or she could be their constituent and also have voting rights. Honestly, I cant understand why some people who have their PD's just in 2004 are so worried about this retrogression, considering the fact that historically it has always taken about 4 years to get a GC, on an average. In my opinion, the only thing we should fight for is banning substitution LC's, since most of the employers would try to substitute LCs approved from BEC's with newer employees and making the retrogression even worse. As far as retrogression issue, once the new 140K numbers are released in October, it should eventually help redress the situation.
Click to expand...
 
baby_mde said:
Catch,

Do not compare Employee Based GC with Family Based GC. Son/daugthter never layoff his parents while GC under process.

Employee Based green card process is very insecure and we should get it as soon as possible.

Employees can not tolerate deyas.. Do not say we have to live with world. We can make difference if we try hard and raise our voice.

We have to give our best shot..,
Click to expand...

baby_mde,

Separation of family for years together(in many cases 5+ yrs) is a more serious heart wrenching scenario than someone who is trying to have a better quality of life collectively and whose sole reason for GC is just for employment. Lest we forget, GC is a privilege and not a right.
 
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What he meant was lets assume PD of yours become current and before your interview is scheduled if it retrogresses then CP willn't work. Hence if you apply AOS at that time then you are safe since you have AC21 privilege.

However it depends on personal situation, i say if we have the courage to go for CP, then it is better to stick to CP since PD generally doesn't retrogress that way based on the history.

Could you please give us more information on what was discussed on this topic:
- CP not recommended as it does not have AC21 provisions. Better to file for 485 when the P.D. becomes current - reason given was that the P.D. could change by the time one actually shows up for the interview.

i am very worried now. Does this mean, once interview is scheduled. one goes back to india or whatever country . There is no guarante that interview will be taken ?
 
Well, issues arises due to Employment-based retrogression is far more severe than Family-based retrogression as person (with family) is already living / working in US in former case. Moreover H1B visa is for finite period only, though you can extend it if you meet some condition which may not be possible for everyone. There was EB retrogression last time in 2000-2001 and then congressed amended AC-21, just like they did for Nurses this time - and all categories became current until Dec 2004. Apart from 50000 visas allocated for Nurses, there are still large number of unused visas from previous years available which can be recaptured and can be used to alleviate EB-3 retrogression problem temporarily. If untouched, then this retrogression problem will become even worse when there will be flood of approval from PERM, BEC and their back-log reduction plan. So instead of just watching, waiting and predicting, we have to try our best to make our voices heard via different angles - as Mr.Khanna suggested in conference.

- Just my opinion...


BTW, DOL is already thinking issue of substitute labor:
"DOL and USCIS have agreed to eliminate the policy of substitution of alien beneficiary for the certified labor certification applications. The rule will also require that unless the certified labor certification is used by filing I-140 petition within 45 days, it will lose validity."
Source: www.immigration-law.com

catch_22_4_GC said:
One thing EB3 people have to understand is that retrogression is not something new. It has always been a part of the US immigration system. Just take a look at family based immigration cut off numbers and you would get a perspective of how worse it can get. Congress is more skewed towards family unity based legislations. One reason could be that the family based petitions have a valid US citizen as the petitioner for a family beneficiary and he or she could be their constituent and also have voting rights. Honestly, I cant understand why some people who have their PD's just in 2004 are so worried about this retrogression, considering the fact that historically it has always taken about 4 years to get a GC, on an average. In my opinion, the only thing we should fight for is banning substitution LC's, since most of the employers would try to substitute LCs approved from BEC's with newer employees and making the retrogression even worse. As far as retrogression issue, once the new 140K numbers are released in October, it should eventually help redress the situation.
Click to expand...
 
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Catch,
If my first LC was filed in 2004 most probably I would not have worried as much as I am worring now and most likely I would not have visited this site/forum. My first LC was filed in Oct 2001 and got laidoff in May 2004 at 140 stage with CP option, so, had to start the entire GC process once again from scratch. I do understand that GC processing will take anywhere between 3-5 years but if your wait time is anything beyond 5 years thats where you get frustrated and that will kill you psycologically. From here, if it takes another -4 years for my turn to get my GC then totally my wait time is like 8 years and that will be frustrating. No matter what reason you are getting delayed you get frustrated whether its your own fault or economy's fault. We will understand only when trouble come upon us. You will only understand if you go thru that phase, that being said, I wish your process to be smooth. But try to understand other people's pain too. And dont think that you are only one who is waiting since long time.

catch_22_4_GC said:
One thing EB3 people have to understand is that retrogression is not something new. It has always been a part of the US immigration system. Just take a look at family based immigration cut off numbers and you would get a perspective of how worse it can get. Congress is more skewed towards family unity based legislations. One reason could be that the family based petitions have a valid US citizen as the petitioner for a family beneficiary and he or she could be their constituent and also have voting rights. Honestly, I cant understand why some people who have their PD's just in 2004 are so worried about this retrogression, considering the fact that historically it has always taken about 4 years to get a GC, on an average. In my opinion, the only thing we should fight for is banning substitution LC's, since most of the employers would try to substitute LCs approved from BEC's with newer employees and making the retrogression even worse. As far as retrogression issue, once the new 140K numbers are released in October, it should eventually help redress the situation.
Click to expand...
 
Action Taking Time

I beleive instead of pulling each other down and trying to prove what is a better situation it is time to take some action. If you remember the conf call of Rajiv, he said that we should be united and there sshould not be any internal politics as well as misunderstanding. I would propose that we should have a spreadsheet where we can have all the people who are willing to participate in the fight write there name and what congressional district they belong to. If there are more than one person from the same congressional district they can contact each other and work together.

Let us start taking action and continue on with the steps that have taken by SANDEEP_N and LABORCLEARED. Also try to contact your employers if possible for contacting the congressmen, and post your response in the Second tab of the spreadsheet. I am attaching the template of the Spreadsheet here with my entries. Please update it and lets start working as one United team.
 
My details added.
saurabh_tulika said:
Let us start taking action and continue on with the steps that have taken by SANDEEP_N and LABORCLEARED. Also try to contact your employers if possible for contacting the congressmen, and post your response in the Second tab of the spreadsheet. I am attaching the template of the Spreadsheet here with my entries. Please update it and lets start working as one United team.
Click to expand...
 
rrajendr said:
i am very worried now. Does this mean, once interview is scheduled. one goes back to india or whatever country . There is no guarante that interview will be taken ?
Click to expand...

Actually though he did say that one of his clients/friends arrived at the interview a bit late because of which they were scheduled to next week only to find out that they do not have an interview anymore, I am wondering how this is possible. Let us say that this month on the 15th you find out in the bulletin that the P.D. is current for you. Assume you get an interview scheduled next month 20th and on 15th of next month you find that the P.D. has gone back. Whatever they announce next month is applicable only for the month after next - so really speaking they have to honour your interview. The only case might be like if you have an interview on say the 29th and the visa issuance gets posponed to the 1st due to any unavoidable reason. (An example may be an FBI namecheck etc)That way even though you were called for an interview, you fall under the purview of the next month's P.D.
 
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From Rajiv Khanna's teleconference, it was understood/decided that creating a group of people ready to help for pushing our cause is necessary.
Saurabh has taken initiative in collecting names of people who are ready to help/participate. By indicating the location, we can contact those who are in same city, we can try to talk to each other and explore the possibility of contacting congressman/senator within the area.

srinireddydgl said:
Can Anyone Explain Me What Is This Excel Sheet About
Do I Need To Enter My Data In There?
Click to expand...
 
SriniReddydgl, I have added your information into the spreadsheet, Please do review it.
josamdee you can either download the spreadsheet and add your information and then again upload the spreadsheet back or you can give your information and I will or someone will add it for you.


srinireddydgl said:
ADD THIS FOR ME
4 srinireddydgl Newark, NJ Tried Spoke, he said it is good for his business
Click to expand...
 
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