retrogression

There is some kind of irony in the entire process -- rules changing so much with time, is really unjust to cope with.. I know some friends who applied for labor in 2003 November and got green card in EB-3 within 1 year, also from India.. That was when the new labors were approved ahead of the queue while years old LC applications were kept pending..And even at its core, the EB green card process itself would need you to be in the defined profession until as long as it takes to get the green card, but not after getting it ---

Packing bags and moving out is not all that simple. You may not be a slave in the once defined sense of the word towards africans in US, but taking decisions such as these to move out of a country -- when all else is going smoothly -- may be not out of one's choice completely. There are so many concerns over children who are in this atmosphere adjusting to a new country, its weather and etc.. So, even the free-birds like metaman who are talking about going back to India have this "adjust to the fate" and "take everything as it comes without questioning" built into them. Its not a free choice, and in a way that forces you to do things the way you wouldn't otherwise like to... call it with any other word if you choose, and not "slavery".

Slavery may not be the right word ofcourse. But there is no need to fight verbatim over the words, it is true that the recent change is hightly unexpected for people from India, to drag the dates all the way back to 1998 for EB-3 and 1999 for even EB-2 which was only rumoured to retrogress a year or so earlier, if at all.

If not slavery, this might actually mean gambling with ones future without any clue as to how it would turn the next time around. People are rightlfully expressing their frustration about such sweeping changes.. There is no way one could simply accept these policy changes as normal, for that one has to be a true gambler or day trader who plays with his life's choices all the time, not just an IT professional.
 
Paging for Att. Khanna

Mr Khanna,

Is there anything we, the victims, can do? Enough is Enough!

guptamik said:
I would like to invite the comments/suggestions from somebody in the offices of Rajiv Khanna or any other attorney/s who check out this thread.
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No offence. I do understand feeling of Metaman and HereismyGC; but they overlooking the major point. Here the main issue is why retrogression is Jan 1 1998 or 1999 for EB3 / EB2.

No one brought us here and everyone has selected their employer and associated baggage. This issue is about USCIS and DOL and the way they are working. Even though we are not US Citizen, but we all are taxpayers. If DOL / USCIS workers are not doing there job, then why we should be responsible?

I am going to ask the same question to my local congressman. The people responsible for this mess should pay the price not US.
:rolleyes:
 
we should do something..

i think we should really take some action....i have already put a word in Mr. Rajiv Khanna's office requesting them to file another law suit or take some other step....i have also told them that i am willing to contribute for this worthy cause as i have already spent a fortune in this whole issue...i am sure Mr. Kanna will take some action....we will need a lawyer's advise in any action we take....i hope we all request him....
 
Victimizes by Rules

All those who have been waiting for a long time and have been victimised because of retrogression. People who applied long long back have to wait further more where as lot of people who started GC processing recently are enjoying GC status.

What are the reasons? Here are some I could think of.

1. Labor Substitution: All those companies with lots of labors approvals keep using them for someother person than the one originally filed for. This has lead to gross injustice to people waiting patiently with original labor application.

2. 485 Processing Times: Because of huge diferrences in processing times in different service centers, lots of people got GC's from centers like California victimizing those who have been waiting in other centers like Texas and Nebraska. All visa numbers got used up for those who applied for GC recently.

3. Labor Backlogs: Some people who got labor approval quickly were able to catch the bus on time while others who have been waiting now are being victimized again. People who waited a life time for labor, wait more!

4. Security Checks: Name checks are taking 2-3 years. People who are victimized by Name Check and missed the bus are again being victimized because of retrogression.

5. Reserving for Schedule A category: Suddenly congress comes and says use all the existing visa numbers for Nurses and Physicians without proving a separate additional numbers for them.

6. Illegals given amnesty during April 2001 are vying for visa numbers with those who came legally. Congress should have ideally provided additional numbers to this category.

7. Every member in a family gets a separate visa number. Visa numbers do not go by Primary Applicant. Large families eat awaw lot of numbers. So, if you go by number of labors or number of 140, there is no real telling as to how many visa number these exactly translate into.

8. The way state department calculates and issues visa bulletins is gross. One day they say you could prossibly get a GC but the next day you are not eligible for another 3-4 years? There is something wrong about this whole thing. This has only victimized those waiting geniunely for a long time in the hope of getting a green card.
 
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I have another sad story to tell. I opted for CP, went for interview in 12/04, case was kept pending due to FBI name check, came back on existing H1, clearance came but visa priority dates retrogressed. So, I am a person who was certain to get GC in Dec 04, but in 05 with this retrogression have almost lost hope of getting it at all. My priority date of 12/02 will take at least 2+ years now. Now, since I opted for CP, I have no EAD/AP, cannot get one at all and am at the mercy of my consulting company again.
And believe me, it is very very hard to return back to the country of origin, once you and your family have spent 5-6 years here, it's really hard to adjust. I am not saying impossible, but it is really hard, so, not thinking about this option.

I believe that according to current law no lawyer can do anything. Unless there is any major change it the existing laws, I do not see any ray of hope in this matter. So people try to bug your congressman/ senators. That 's the only way out. Write them, send them emails I guess every week. I think if we all do that, it my help eventually.
 
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I am launching www.bloodsuckers.com which will allow us to review, rank, blacklist blood suckers. Site will also lobby with industry, media, politicians, govt agencies to ban or scrutinize blood suckers.
 
Dear Visa-prison cell mates,

We have all come to this country by choice. It has been almost 10 years for me F1 --> H1 --> EAD. Some have been lucky, some have been smart and a few like me have been both unlucky and stupid when it came to GC processing.

All said and done, I am sure we will see some immigration reforms in near future. Would it bring GC's for us in a few years or not is an open question. But it for sure will not be 5 or 6 or 10.

My only regret is we waste precious years of our lives in pursuit of GC. Wish it was not so bad.
 
Wonder why is evryone cribbing . Thats the way INS works. some times they make u wait for 140 some times they make u wait for 485 and Now people have to wait for VISA numbers. This was common in late 90s when people use to wait for visa numbers . Then people started to wait for 485s it use to take 3 years for 485 even though with Current visa dates . then they stopped giving outs LCs.Now its back to VIsa numbers. We are in there country and have to go by there rules and regulations. At least laws are leinet now which allow for H1 extensions, AC21 , concurrent 485/140 filings. Just chill and wait for your turn.If some think he's doing slavery here they should go back to there country and none here will stop them.
 
Eb3 Retrogression From July 2002 To Jan 1998...uscis Sucks..us Immigration Sucks...

I Think It Is The Worst Situation Ever Faced By All Of Us.the Immigration System Here Sucks Big Time.i Don't Understand,why The Hell Is Uscis Moved The Dates From 2002 To 1998 ??? Looks Like They Don't Know Anything About Years And Numbers.most Of Us Are Going Through This Frustration,depression & Anger For About 6 Years Which Is Hard To Digest Taking All These Changing Rules. Most Of The New Rules Doesn't Make Any Logical Sense.lord Jesus Only Knows Why They Are Changing The Visa Dates,immigration Rules Etc.this Is Really Worst For All It Consultants.this Retrogression Will Only Make All The Sucker Desi Employers From Millioniares To Billioniares And Suck More Of Our Blood,hard-work,life.it Is Like Sucker Slavery Life.

Mr.rajiv / Fellow Victims, Please Advise Me/us If We Can At All Do Something Together To Bring This Breath-taking Situation Under Control And Lead Some Safe Life.
 
Visa Number Link -- some optimism

Below thread has some details about the Visa number availability. Already people did enough research on visa numbers, thought I can post it here. From this thread it seems like around 150K to 200K visa numbers may be not used between 2001 and 2004 which may become available. If it happens and am sure will, we should see lot of date movement, but again I don't think so date will become current at any time soon within next 2 Years. So mostly the dates may forward to mid or end of 2004 atleast, by next year this time. Hey, just optimistic, okay.

If you have more questions like where did you get this number or any kind of that, please review the linked forum, where you should be able to get the more detail, if not complete.

http://boards.immigrationportal.com/showthread.php?t=189293

I'm also have the same frustration what others have. If everyone can write to media and get their attention, it may bring some light on what is going on inside of this whole immigration mess.

Life hangs on hope, if no hope then no life.

Disclaimer: I'm not a lawyer, but individual member so act accordingly
 
I have been reading all the messages and it is frustrating to all of us. I am not sure how much of help we will get in this siutation.
Probably the policy makers feel this is the right decision.
We probably have to lobby and atleast have them allow us file for 485 and live on a EAD and AP with AC21 180 day portability till the visa numbers get current.
 
guptamik said:
I am launching www.bloodsuckers.com which will allow us to review, rank, blacklist blood suckers. Site will also lobby with industry, media, politicians, govt agencies to ban or scrutinize blood suckers.
Click to expand...

Probably modernslavery.com or bondedlabor.com is a better name. Create this website, publish our plight and then put a full page ad in wall street journal. This is the only method that will put pressure on US senate and USCIS to increase the visa numbers and streamline the rules.
 
Keep your hopes up and do someting positive

Folks,

Like everyone else, I am dismayed and frustrated at this recent news. I am myself here in US for almost 10 years. F1 -> H1 -> Labor not cleared yet. Now with backlog pending who knows when it will get approved. And if it does dates are retrogressed. I agree that many of us are in a situation that stalls our careers and it is not always possible to pack your bags and leave just like that. Here's the least you can do:

1. Keep your hopes up. Visa numbers will move again if pending cases are cleared and unused visas are allocated to pending backlogs.
2. Start emailing the Congressman/Senetor in your area. You can use the sample that someone has posted as a letter from AILA. Highlight the facts of allocating more/unused visa numbers toward backlogs and atleast appeal that we be given EAD after labor.
3. Send letters to newspapers/publictions in your area.
4. Ask your friends, co-workers, relatives to do the same. Do it on their behalf if they agree with you.
5. If you have any other ideas, sound them off here and let everyone know.

Do something and things will roll. Lets all hope for the best. Cheers!
 
Let us act, not whine

Dear friends,

Please do not do anything which will weaken our cause. We are not going to gain anything by characterizing some employers as bloodsuckers and such. Please understand that each of us are also partially responsible for this mess we find ourselves in - we did not act wisely, instead we blindly trusted the system. The legal system in America is heavily biased to the employers. The entire gc process is designed that way. We cannot change that. This is not a socialist country, it is a capitalist country.

I think we should act wisely, with a planned strategy. I suggest two things, please let me know what you think.

1. If you go to http://contact-us.state.gov/, you will find a link to contact the secretary of state. Each of us can send an email, telling Dr. Rice about our plight and requesting releasing of the unused visa numbers from previous years. Instead of a collective memorandum, I think it will be more effective to send individual letters explaining personal situations. Please be positive and avoid any negative remarks about the employers or the immigration system.

2. There are several people who fall under the retrogression, but have got their EADs (they are the ones who were from the fast moving states, who got their LC before Jan 2005). Their I-485 applications are kept pending till visas are available. Let us request that atleast for those of us who have waited for more than 3 years for our LCs, they should allow us to file our 485 and EAD application. They can keep the 485 application pending until the visas become available and process our EAD applications. If they do this, they we will have our EADs and also in 6 months we can get the AC21 protection should we need it. I think this decision can be made at the USCIS chief level or the homeland secy level, while releasing the previous years visa numbers may need a presidential order or the approval of congress. I think this is something we can get if we strongly suggest and follow-up.

Please let us know what you think. Let us act with some strategy - whining and cursing will not get us anywhere.

Hang-in there everbody - I belive it is gonna be alright!!!


gcby2020 said:
Probably modernslavery.com or bondedlabor.com is a better name. Create this website, publish our plight and then put a full page ad in wall street journal. This is the only method that will put pressure on US senate and USCIS to increase the visa numbers and streamline the rules.
Click to expand...
 
We really never know how much help we get and at what level. Senior immigration attorneys or people with good voice who know the whole system would be in a better position to guide us. I think we have to have some real approachable people to work on this. People like Bill Gates or probably Bobby Jindal can also be approached for help. We never know what works out. But I personally feel we have to go their way like explaining the advantages of having EAD, Green Card etc.. where spouse can also work and 2 incomes contribute better to the economy, helps small businesses to hire right persons with right skills not worrying about visa issues etc...
The main reason I see retrogression is because of fear that we will displace american workers, which I think is not true because we are already in the system for past 7 to 8 years and we have the skills. If we are denied Green Cards we still have our skills and that cannot be denied. I think something good will come up for sure.
 
hereismygc said:
No offense. US doesn't brought us forcefully here, we opted to come here to work and make money. But it depends on the company we choose. Many Indian consulting companies are blood sucker, but they will help to file GC and support paper works, atleast slowly. On the other hand American consulting companies, they will treat and pay you well, but mostly they will not support you on GC. It is up to us to choose which one we go with.

WRONG: MOST US COMPANIES MY FRIENDS WORK SUPPORT GC. THEY PAY WELL ALSO LIKE US CITIZEN.

No body is doing social service here in business to make others rich, its up to individuals talent and luck. I got my labor with one company in dec 2000 within a month, then I-140 within 6 months, but the company gone bust in dot-com bubble and at that time there is no option to file I-140 and I-485 file together. Then joined american consulting company made good money, but didn't file GC. Again joined well know american company filed labor on June 2003 in MA, now I don't know how long it will take. But couple of my friends got GC within 10 months in 2001 who were came after me. What can I say? Thats luck.

Initially state labor department screwed up the process, now BEC screws up. Beneficiaries are businesses, and its up to the individuals to decide whether to continue the wait or leave. Otherwise, if any one thinks they become slave, then it means that they have chosen it. In India, job market is really really hot and they really need top notch people.

Hope I will get my GC soon with in this decade.

Again, no offense, just my thought.

Disclaimer: I'm not a lawyer, but individual member so act accordingly
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We choose to come here to work for money and we choose to get US GC for our future generation. Then we have to patient then right.
If not, Canada is open for everyone. Just get MS+4, you can easy to get to Canada without job arrangement.
 
Slavery

It’s true that nobody forced us to do this slavery and we have freedom to get out of slavery whenever we want.
But this slavery shouldn't happen in the country which respects freedom and knows to talk about human rights violation.
Other countries like UK, Singapore etc. do have green card process but they don't tie gc to a company. If you are there for 5 or 6 years (not sure about the no of years) you get your GC. Why can't US do something like that? I think they purposely don't want to do it since US companies want us to be slaves and they want to make more money by paying us little.
Can anybody tell what loss US will have by giving us GC (after all that is not a citizenship)? If it is that the citizens are losing jobs then why do they want to bring in new H1 workers every year? Why can’t they give the existing H1 workers the GC before they take in more H1 workers? Why can't they atleast give employment based gcs each year equal to no of new h1 workers every years.
hereismygc said:
No offense. US doesn't brought us forcefully here, we opted to come here to work and make money. But it depends on the company we choose. Many Indian consulting companies are blood sucker, but they will help to file GC and support paper works, atleast slowly. On the other hand American consulting companies, they will treat and pay you well, but mostly they will not support you on GC. It is up to us to choose which one we go with.

No body is doing social service here in business to make others rich, its up to individuals talent and luck. I got my labor with one company in dec 2000 within a month, then I-140 within 6 months, but the company gone bust in dot-com bubble and at that time there is no option to file I-140 and I-485 file together. Then joined american consulting company made good money, but didn't file GC. Again joined well know american company filed labor on June 2003 in MA, now I don't know how long it will take. But couple of my friends got GC within 10 months in 2001 who were came after me. What can I say? Thats luck.

Initially state labor department screwed up the process, now BEC screws up. Beneficiaries are businesses, and its up to the individuals to decide whether to continue the wait or leave. Otherwise, if any one thinks they become slave, then it means that they have chosen it. In India, job market is really really hot and they really need top notch people.

Hope I will get my GC soon with in this decade.

Again, no offense, just my thought.

Disclaimer: I'm not a lawyer, but individual member so act accordingly
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The boy who cried Wolf Wolf

gcstruggler said:
It’s true that nobody forced us to do this slavery and we have freedom to get out of slavery whenever we want.
But this slavery shouldn't happen in the country which respects freedom and knows to talk about human rights violation.
Other countries like UK, Singapore etc. do have green card process but they don't tie gc to a company. If you are there for 5 or 6 years (not sure about the no of years) you get your GC. Why can't US do something like that?

:confused: Are you dumb or is the question an oxymoron? If UK and Singapore have better green card processes than go work there. Here is my take: See basically what happens na is that US wants to encourage migrants from all countries, and see what is happening now na is that there are too many Indian Gultis that have crossed the border, so you see na variety is a spice of life and this philosophy is encouraged in US, hence na US has put their foot on the brake paddle. Was that good explanation? If you are not satisfied with the explanation I recommend na that you na go to your HR manager and ask why not hire all Indians, because all Indians are smart and na she/he na will reply we are equal opportunity employer and we foster diversity (that is the founding principal on US immigrant migration)


I think they purposely don't want to do it since US companies want us to be slaves and they want to make more money by paying us little.

:D Mommy Mommy na Uncle Sam na mujhe bazaar mein nanga kiya, woh bhi sabh ke samne. Listen to yourself man, you wanted to come to US at any cost and you forgot how to be cool/composed and negotiate your salary.

Can anybody tell what loss US will have by giving us GC (after all that is not a citizenship)? If it is that the citizens are losing jobs then why do they want to bring in new H1 workers every year? Why can’t they give the existing H1 workers the GC before they take in more H1 workers? Why can't they atleast give employment based gcs each year equal to no of new h1 workers every years.
Click to expand...

: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.
 
I know lot of people got frustrated about the prolonged delay getting GC and thinking about Canada. Before you think about Canada, consider the below thing:

01. How much job opportunities exist in Canada
02. Why lot of Canadians are coming to US for work
03. How Canada GC will help you to have better life, if no job opportunity then no better life wherever you are unless you already made money. This answers almost why Canadians are coming to US for work.
04. If you are thinking about coming to US for work from Canada on TN visa, you need to have Canadian citizenship not Canada GC. I think it may take another 4-5 years to get Canadian citizenship but by the time your GC process in US may get cleared if you stay and wait.

This immigration forum is the best place to relieve our frustration, but as other members said the best option is to wait and see.

My one cent; people complaining about their employers; Why don't they leave the present employer, find another one instead of complaining? There are plenty of options, if any person whose labor is pending for more than a year they can transfer their H1 to another employer without losing their PD and file another LC through them.

We can argue lot why other countries are giving option for immigration why US doesn't do. Just think how many people are trying to immigrate for job in other countries comparing to US. I'm not justifying the delayed screwed up process, but why it is getting worse day by day. Many of the people immigrated before 1989 got their GC in US within 2 months, now LC is taking more than 3-5 Years.

Again, I will stress about slavery, if some one wants to be slave it’s their choice to be and they have no option to express anything. If I'm an employer some one wants to works as slave for little, definitely I'll hire that person than others. All the companies will look for their bottom line to operate business and make money than the individuals who are willing to be slave.

I don't understand why people are thinking they became slave while doing their job on visa. Why don't just get out of their misery doing job to become free, if you have any excuse on this then you have to have patience to get through this painful process for individuals good and their dependants future. Thinking about you became slave won't make good impression and you may always be like that. Find alternative, have peace of mind and enjoy the life.


Disclaimer: I'm not a lawyer, but individual member so act accordingly
 
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