retrogression

I agree with you Aisharan, I just wish if people stop whining and cursing here... "Why can't they give GCs to everybody.."? What a ridiculous question to ponder when your shorts are on fire....

Guys, stop this meaningless muttering pelease. Let us think about what to do. The immigration system here is to allow the employers to get the people who they need. Not to distribute GCs to everyone who lands here somehow.

What say you guys about writing letters to Secy of state and Secy of DHS. Also I think we should try to meet our local congressmen personally and convince them to raise it in the congress. The congress can easily pass an amendment to enable people to file 485 and EAD applications while waiting for visas to be enable. Let us work towards that.


aisharan said:
:cool: Word if you want to be something in life don't wait for the government to act, act yourself - Nothing is stopping you to take jobs in European Countries "that is considering you are skilled ha ha ha". Woh kya hai na Sarkari Kaam Hindustan se leke America mein bhi na taime lagata hai.
Click to expand...
 
My attorney got a reply to an inquiry raised about my 485 approval delay, which was filed in Jan 2005( EB2/140 cleared in 2004)on sep 14-05. Said that the case will be processed within 60 days. NO reason for the delay like name check etc was stated. The LUD initially changed to 09/14 from 03/24 and then it changed to 09/15 the next day.
My questions are :
1) I understand the LUD change on 09/14 the day of the inquiry answer but why was there an LUD the next day again.
2) Since it says 60 days time will it help as on OCT the retrogation starts. My PD is Sep 2001.
IN case anyone has similar situation or answer please post.
Thanks in advance.
 
Present Your case to Media in MA

Anyone wants to present their case to media in MA they can send request to www.fox25.com and choose option "Your Ideas". They have different category how you want to present it. If some one with real difficult case, please choose option "Talk to Fox25" and submit the request.

No offense, people who feel they became slave, do not use this option, because this will cause more issue for others who are waiting with patience.

Disclaimer: I'm not a lawyer, but individual member so act accordingly
 
To whine or not to whine....

Guys:
Everyone is irritated and frustrated. People make plans with their lives and expect the GC to arrive in so many days/weeks/months/years and now decades. But plans, they do make. Please stop ridiculing them for wanting a better quality of life and avoid making personal insults. If people want to go to Singapore or Canada or the UK they do not need nudging from people on this forum. They want to settle down in the US and they have the right. oh oh oh hold on to your horses. I will explain the "R" word.
1. People here have spent more than 6 years of their lives on an average during the GC process. That is 10% of their lives and 40% of their productive lives. They pay taxes like all the immigrants before them.
2. There is no transparency in the system. Has the USCIS released any stats based on how many cases are pending, how many on an average they will process (not approve) and a ball park of 6 months when an application might be completed? When peoples' lives and plans are dangling this is the least they can expect. And yes this is the right of a tax paying non-resident "Alien".
I can keep going. If people cannot at least tolerate others who are airing there plight then just go fly a kite and get out of here.
And to all my other friends: Just hang in there. Whether is a developing country or the great USA - all government offices are the same. We suffered from corruption and indifference back home and here we need to put up with gross inefficiency. Maybe the dates will retrogress to 1960 and our grand children will cheer our green cards.
 
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Message is Loud and Clear!

A broken immigration system that allows a million illegals while screwing hard working and educated people. An increasingly fascist right-wing political agenda. A bloated bureacracy, high taxes, declining opportunities, messy health care and the list goes one. Welcome to USA!!
I am completing my MBA this December and have started to apply for jobs in India. I can live with family, dignity, freedom to pursue career and peace in my country. The roads and clean air/water and 911 service in USA dont seem as important to me anymore. Happiness and peace of mind is. We can't waste the prime youth of our lives chasing the whole green card mirage. So thanks to this retrogression, my mind is clear and I have decided. People like Aisharan will one day realize how 'diverse' American people really are in their hearts and how 'efficient' American bureacracy really is. On the surface, politicians say one thing and the reality is different. Time to bail out. I have even changed my login ID. Bye.

www.naukri.com
www.monsterindia.com
 
metaman said:
I have read many posts like this before. I have a way to free all you slaves , go back to your country and be free. I am from India and in the USA since 1998. I work for a reputed US company and they pay me very well. After delaying labor for 5 years they filed non rir in Aug 2004. Well it sucks, so I am packing my bags and leaving to India. The money is good and I will not be a slave anymore.
If your company does not let you resign and makes you work against your wish, let me know and I will rescue all. Will also help you leave US so that you can live in your country with dignity. If you voluntarily work here in USA, well that is not Slavery.

"When I was entering US in 1999 on H1 I was not aware that I am entering US as a slave but in a different form (With a badge “SKILLED WORKER”/ Look at the terminology), as it happened with Africans few decades ago. Slowly I have realized that there is no way that I can escape this bonded slavery system until I get my GC. I was with a hope that this slavery will end up soon at least in couple of years when I filed my GC in 2003. Now I lost all my hopes looking at these latest changes in DOL and USCIS. It seems there no visible ending for this slavery until you loose all your strength and stamina. Fellows keep serving the corporate and consulting companies and make them richer at the cost of your blood, sweat, hopes, prospects and everything what ever you have in your life. We, the IT consultants are no superior to the people in poor African countries or third world counties. We are just making few more dollars at the cost of our self respect.

May God bless us to do more slavery."
Click to expand...

Well said dude ...
 
Let's be patient

I think all this retrogression is temporary. I agree with an earlier post that the PD changed a lot ealier on (before 2002).

Let us be positive and pray for the best. We should also send letters to politicians and lawyers and raise this issue in the media.
 
hello
that sounds optimistic.
i have an approved I -140 (Eb-1). i was planning to file for 485/ead/ap next week. Now in view of ths retrogression, would my Ead/AP be processed even though I understand that my 485 would have to wait till my Pd is reached.
All opinions welcome
thanks
 
chanduv23 said:
__________________
April 2004 : EB3 RIR Labor Filed in GA
March 2005 : Recieved and responded to 45 day letter
May 2005 (starting 6th year on h1b) : Fired with prejudice
June 2005 : Joined Consulting company and filed 6th and 7th year extension if h1b based on labor filed by previous company and got approved
September 2005 : Preparing documents to file under PERM
Click to expand...


Can you switch company just after filing for Labor and still get to keep Priority Date and get extension on H1B VISA. Can somebody please clarify this rule. This seems too good to be true. If this is the case then you are not at all tied to a company, then why people are cribbing about slavery, ........

My PD is April 2002 (EB3, California) and my I-140 was filed last week. I have already completed 5 years and 3 months on my H1B VISA. Can I change my job now and keep my PD and also get H1B extension.
 
Niraj724: Yes Niraj thats what theunderstanding is -- but even in this month some of the VSC 485 applications have been returned as "Visa not available" in EB-2 category while it is supposed to be current this month (its however, a hearsay in other forum I'm quoting, not my personal experience).

I've also applied for all 4 (140, 485, EAD & AP) earlier this month and hoping I'd get into line before the retrogression.. Even though PD retrogresses next month, getting into the line can be useful to get EAD and AP processed, and also to get 485 portability after 6 months..

CALCA: What you said is not true to my knowledge.. In order to be able to keep the PD and be portable between companies you should have the 140 approved and 485 pending for 180 days minimum. On the Yates note (not yet a law) dated 05/12/2005 about the AC-21 regulations there is a proposal to make even a 140 pending for 180 days portable between companies.. But from what I read on these forums, these are not good places to confirm the implementation of it -- there're opinions heard on both sides of the arguments and can be very confusing at the end.

-Ram
 
Schedule A: Aliens of exceptional ability in the science and arts?

Who are the "Sciences or arts (except performing arts) - Aliens" in the Schedule A?
"Schedule A is a list of occupations, set forth at 20 CFR 656.15, for which the Department has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.
The occupations listed under Schedule A include:
Physical Therapists - who possess all the qualifications necessary to take the physical therapist licensing examination in the state in which they propose to practice physical therapy; and
Professional Nurses - the alien (i) has a Commission on Graduates in Foreign Nursing Schools (CGFNS) Certificate, (ii) the alien has passed the National Council Licensure Examination for Registered Nurses (NCLEX*RN) exam, or (iii) the alien holds a full and unrestricted (permanent) license to practice nursing in the state of intended employment.
Sciences or arts (except performing arts) - Aliens (except for aliens in the performing arts) of exceptional ability in the sciences or arts including college and university teachers of exceptional ability who have been practicing their science or art during the year prior to application and who intend to practice the same science or art in the United States. For purposes of this group, the term "science or art" means any field of knowledge and/or skill with respect to which colleges and universities commonly offer specialized courses leading to a degree in the knowledge and/or skill. An alien, however, need not have studied at a college or university in order to qualify for the Group II occupation. Performing arts - Aliens of exceptional ability in the performing arts whose work during the past 12 months did require, and whose intended work in the United States will require, exceptional ability."

Thanks for any information!
 
Born in Hongkong

Hi,

My wife is born in Hongkong. Does she come under the CH mainland CH priority dates ?
Thanks in advance
 
NO - You "CAN NOT" retain Priority

CALCA said:
Can you switch company just after filing for Labor and still get to keep Priority Date and get extension on H1B VISA. Can somebody please clarify this rule. This seems too good to be true. If this is the case then you are not at all tied to a company, then why people are cribbing about slavery, ........

My PD is April 2002 (EB3, California) and my I-140 was filed last week. I have already completed 5 years and 3 months on my H1B VISA. Can I change my job now and keep my PD and also get H1B extension.
Click to expand...


Hey Calca,

You can use your labor filing (receipt number) for the purpose of extending your H1 indefinitely in 1 yr increments (however, the caveat is you should work in same or similar occupation as original H1, which means you may not be able to pursue career growth as easily by switching jobs).

However, you "CAN NOT" retain the priority date on your original labor - you will have to get another employer to file a new Labor Cert for you, and the priority date for the new LC will become your priority.

Hope that answers your question.

The count.
 
hello

thank you all for your replies

Please advice

My 140 (EB-1) was filed in nov 2002, Ii would assume thats my PD. I am filing for 485/ead/ap this week. From what i understand, they would propcess my 485 after my EB-1 reaches the PD date. So would they process my 485 ( once I reached my PD) before somebody who may have filed the 485 before me but their case hasnot reached the PD yet.
Thanks
 
Hope This will turn out good

Hey guys its too early to speculate the outcome.we should wait atleast untill december.May be this will come out to be in our favour.I know the employers are very happy about this as they have us for more period of time.But the rule might change without any notice in case this is not a good proposal.As most of the cases of 98,99 are cleared the dates will jump but lets wait and see.
My case is a lot critical than others.I am already on my 7th year h1 and still dont have my labour in my hand and the pod is oct 03.
with all the positive hope lets wait and see
 
Slight good news and needing a piece of Advice

Just got off the phone with my companies attorney. (The firm is among the top 10 immigration firms in Texas) She is saying that there is a lot of lobying going on and hopfully this retrogression issues will be fixed soon. Don't know how soon but she said there is a lot of lobying going on with congress these days. ok now to my advice.

I am from a country that the eb 2 has not retrogressed. My company just got the prevailing wages for my position under eb3 (retrogressed). I have the option to have my company file under eb2. I am an IT professional with a bachelor and have been working at this company for over 5 years. (I can use my experience gained at this company since now I am in a position which is 75% different than the previous one, under which I worked for over 5 years)

Do you think it is a good idea to file under eb2 (My attorney wants to apply under eb3 since she has already gotten the prevailing wages)

Is eb 2 going to retrogress for all world? Shoudl I push my attorney and the company to re do their paper work and file under eb2 or would it be of no use?
 
surf_smarter said:
Do you think it is a good idea to file under eb2 (My attorney wants to apply under eb3 since she has already gotten the prevailing wages)

Is eb 2 going to retrogress for all world? Shoudl I push my attorney and the company to re do their paper work and file under eb2 or would it be of no use?
Click to expand...

Great question...I'm in the exact same position...but my PD is May 01 .. just two months difference... don't know if I should just wait
 
I have a question regarding the retro.
I am EB3 and was interviewed last year in October and may case has been in limbo sisnce then.
One of the factors was the Background check .I guess the check is not cleared.
am I also affected by the retrogression.Any answers???
Opinions are welcome to.
Thanks
 
surf_smarter said:
Just got off the phone with my companies attorney. (The firm is among the top 10 immigration firms in Texas) She is saying that there is a lot of lobying going on and hopfully this retrogression issues will be fixed soon. Don't know how soon but she said there is a lot of lobying going on with congress these days. ok now to my advice.

I am from a country that the eb 2 has not retrogressed. My company just got the prevailing wages for my position under eb3 (retrogressed). I have the option to have my company file under eb2. I am an IT professional with a bachelor and have been working at this company for over 5 years. (I can use my experience gained at this company since now I am in a position which is 75% different than the previous one, under which I worked for over 5 years)

Do you think it is a good idea to file under eb2 (My attorney wants to apply under eb3 since she has already gotten the prevailing wages)

Is eb 2 going to retrogress for all world? Shoudl I push my attorney and the company to re do their paper work and file under eb2 or would it be of no use?
Click to expand...


I thought you could only apply in EB2 since PERM came into effect.
There is no way you can apply Labor in PERM in EB3 for a software professional.
Someone correct me.

neocor
 
I am very new with this site and such discussions. in 2003 Jan when I started to file my labour, my roommate clearly told me that 'Apply and forget, it will come before you are dead' and I followed his suggestion. I applied and forgot about it and keep responding when my employer knocks my door for 'signature, photos, forms to fill, checks for laywers as fees, medicals etc.,' and finally I ended up getting my EAD (twice infact, first one expired). Now married, got kid and its time to settle. Then I looked at my life and see the missing part 'GC' to take up a permanent or plan accordingly.

All this is fine, and started at looking for 'dates' (what every one is refereing to) and became a frequent visitor to https://egov.immigration.gov/cris/j...Center=Nebraska to check the dates which I am not sure what am I looking at but only thing I knew about is, my case in I485 stage and holding EAD from the past 18 months.

At the above mentioned site (egov.immigration.gov...) I see for I485 - employer based - dates are June 01 2004 assuming that its I485 applied date. Now keep hearing from friends and googling on-line, that no one knows what these dates are but they say 'oh, EB3 - dates are moved back to `98) not sure of what that means. Called nebraska service center to check about status and they just read out the message what the uscis website displays if I enter my alian registration number.

After reading many posts on this site for about 4 hours, I decided - OK dude its time to pack instead of waste for something that's unsure of. Invest what saved back in home and live like atleast one in 1000 than living here like one in a million.

I've seen few who spent $13,000/- to buy a pre-approved labour. My humble suggestion, instead save that money for future purpose. No on knows whats the GC future is, USCIS may say, even having GC, you can not leave country more than a month, in near furutre.

One last note, friends of mine who purchased pre-approved labour by paying $13,000/-, later they found that the employer sold the same labour to 3 other people. And they recieved letters from INS saying that thier cases are pending due to double/triple submission of I140 for the same labours. So, watch out what you do.
 
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