Time to stand up against DOS and USCIS

[sam_ahmed]

If you have seen this may09 visa bulletin, its look like they are playing a game with all EB3 specially with INDIA, we should stand up and do something about it, we been hearing so many things for past 2 years, if we keep quit that retrogression will be going one for years and years and years!!!!!

make some plan for DC

 

[ccv]

I agree, but I think its easier said than done!

 

[sam_ahmed]

I know but if everyone think this way, that can not happen, some one have to take a stand and it cannot be done by one any way.

 

[godisgoodtome]

Its kinda hard to collaborate and build up a strong case against USCIS. They part of the USA, so you are technically going against the USA.

 

[TheRealCanadian]

Its kinda hard to collaborate and build up a strong case against USCIS. They part of the USA, so you are technically going against the USA.

??

 

[sam_ahmed]

we are not going against USA,we are going against the system which is mess up badly and like us all immigrant are are suffering, we live here we pay taxes,we work hard more then any normal american, do not be racist, we are fighting against unfair, we spend our life here and just to remind you USA is land of immigrant.

 

[godisgoodtome]

we are not going against USA,we are going against the system which is mess up badly and like us all immigrant are are suffering, we live here we pay taxes,we work hard more then any normal american, do not be racist, we are fighting against unfair, we spend our life here and just to remind you USA is land of immigrant.

What has racism got to with standing up against USCIS?
From my undestanding all races and ethnicities make up the USCIS... So when you make comments like that, I wonder where it came from.
I am just saying that when you build a case against USCIS, it is technically part of the Government and so you might as well say it is a case against the Government of the US.
But having a case against a particular IO that interviewed you, and that you suspected he or she treated you unfairly is definitelly worth reporting and seeing to it that it does not happen again.

 

[godisgoodtome]

Besides this system is that is so messed up is the same system that some of us here will give praises to.
So yes that is exactly what my point is .. that.."It is hard to find similar minds that wants to go this route with you"
If you want you can open a sign up sheet and see how many people will actually give you their info and sign their signature to actually go down this path with you....
We know that actions like this are better said than done.
Just my opinion and its subject to rebottling.

 

[sam_ahmed]

What has racism got to with standing up against USCIS?
From my undestanding all races and ethnicities make up the USCIS... So when you make comments like that, I wonder where it came from.
I am just saying that when you build a case against USCIS, it is technically part of the Government and so you might as well say it is a case against the Government of the US.
But having a case against a particular IO that interviewed you, and that you suspected he or she treated you unfairly is definitelly worth reporting and seeing to it that it does not happen again.

you should not be wonder

 

[sam_ahmed]

Besides this system is that is so messed up is the same system that some of us here will give praises to.
So yes that is exactly what my point is .. that.."It is hard to find similar minds that wants to go this route with you"
If you want you can open a sign up sheet and see how many people will actually give you their info and sign their signature to actually go down this path with you....
We know that actions like this are better said than done.
Just my opinion and its subject to rebottling.

let me explain to you, I do not need to make any list or sheet anything for myself or I am not asking any one to give their personal information to me, my point is appoint an attorney who will fight for us and have all the info go to him/her directly, what I think if every one even pay $500 p/p to fight for us he/she will be able to fight for us. I am not getting one thing from you that I never see any one saying "going against US Government" this is kind of bull to me and kind of hipo too "sorry to say". Everything should be done the way should be done.

 

[yabadoo]

The system is deliberately designed to function the way it does, inefficient, wasteful and overwhelmingly bureaucratic, not too mention incompentent. Think about it.

Right now it can take anything from 3 to 5 years or more to get a Greencard in the EB2 or EB3 category. Or even much longer than that as in my case (7 years +).
There is a reason why it is like this. If the US immigration system was in fact efficient and effective, Greencard applications would be processed in a matter of months, not years. If this happened, then the US would develop a reputation of a country whereby once you get a job here, getting a Greencard through an employer (assuming your employer will sponsor you of course) is a very easy and relatively fast process. This would result in even more people applying for jobs here and trying to get Greencards, and in the end there would be millions trying to get EB based Greencards.
By deliberately causing delays, through having an out-dated and inefficient system of processing Greencard applications, through imbecile and incompetent staff, through bureaucratic indecision, the US Immigration has succeeded in discouraging an even larger number of people from applying. Basically, its a deterrent. They do not want to have people coming here for jobs and quickly getting greencards, except in the EB1 category. The rest, EB2 and EB3, they would like to keep you hanging on as far as you can so that you are useful to the United States economy (pay taxes and work hard) but no need to give you any permanent benefit of staying and working here so that you get frustrated and leave.

The point of the USCIS is to frustrate and discourage you, not to make your life easy, because if it did, the number of people applying, and ultimately getting Greencards would jump exponentially.

 

[TheRealCanadian]

let me explain to you, I do not need to make any list or sheet anything for myself or I am not asking any one to give their personal information to me, my point is appoint an attorney who will fight for us and have all the info go to him/her directly, what I think if every one even pay $500 p/p to fight for us he/she will be able to fight for us.

You don't need an attorney, you need a lobbyist. No law is being broken.

 

[desi2007]

You don't need an attorney, you need a lobbyist. No law is being broken.

you dont need to break a law for a law suit. There are many areas to complain including impact on your life. If there is enough people to file a lawsuit (just like AILA was preparing for the bulletin fiasco that resulted in reverting the bulletin). that may be the only way to get out of this mess.

If none is planning to do nothing, send a letter to the president.

 

[TheRealCanadian]

you dont need to break a law for a law suit. There are many areas to complain including impact on your life. If there is enough people to file a lawsuit (just like AILA was preparing for the bulletin fiasco that resulted in reverting the bulletin). that may be the only way to get out of this mess.

You can't file a lawsuit if you don't have a case. AILA had a case at the time; the mere fact that there are more applicants than there are EB numbers is no grounds for any lawsuit, no matter how much it impacts your life.

 

[Padosan]

Economy! Economy! Economy!

If you have seen this may09 visa bulletin, its look like they are playing a game with all EB3 specially with INDIA, we should stand up and do something about it, we been hearing so many things for past 2 years, if we keep quit that retrogression will be going one for years and years and years!!!!!

make some plan for DC

When the economy is bad, no one thinks immigration as a priority! Wait until the recession eases up... demand for workers go up and the pressure on USCIS will also goes up for faster processing.

 

[sam_ahmed]

my point is you all are forget the unused visa for last 8 years, if DOS use all unused visa i can say 80% of the mess will be done. that's what I want them to do. what do you think of it

 

[desi2007]

How you say there is no case. tell this to a husband who got green card three years earlier and still waiting for wife's card. this is case of discrimination. For delivering the same product, you charge different amounts from people. who said there is no case here.
tell me just because your name looks different you have to wait for 3-5 years in the name check (because of the stupid software they use). There are lots of inherent problems at USCIS. one way is to challenge them on every front. a guy on Eb3 pays 10K for renewing his cards as compared to an EB1 who pays 500 bucks.
every thing is based on product delivery. you buy an item from walmart or immigration put a stamp on your passport. if for the same job they are charging more from different people thats discrimination. they were not suppose to accept the applications if they were not able to adjudicate within reasonable amount of time. Look, when visa bulletin was corrected by the govt people said the same thing. It is govt and thier decision is final. But AILA was able to threaten them with a mass law suit. thats exactly what is required here. there should be somebody able to collect the stories and fight on their behalf.

 

[TheRealCanadian]

How you say there is no case. tell this to a husband who got green card three years earlier and still waiting for wife's card. this is case of discrimination.

Is it? Did they consciously decide to make her wait based on ethnicity, gender or other protected attributes? If not, you have no case.

For delivering the same product, you charge different amounts from people. who said there is no case here.

So what. You're allowed to discriminate, so long as you don't do so based on protected classes.

tell me just because your name looks different you have to wait for 3-5 years in the name check (because of the stupid software they use).

We have long-time posters here whose names look very American (they're native-born Canadians) stuck for months in the name check. Sorry, no racist conspiracy here, either.

a guy on Eb3 pays 10K for renewing his cards as compared to an EB1 who pays 500 bucks.

Pardon? The I-90 fees are the same. The I-485 fees are the same, and EAD/AP renewals are free. And even so, you're going to have exactly ZERO case challenging the visa quotas.

if for the same job they are charging more from different people thats discrimination.

Wake up. Walmart sells the same product for different prices all the time; they discriminate in legal ways.

But AILA was able to threaten them with a mass law suit. thats exactly what is required here. there should be somebody able to collect the stories and fight on their behalf.

AILA was able to challenge them because they were violating the Administrative Procedures Act, not just because people didn't like it. That's the difference. Good luck hiring an attorney - I'll save my money for lottery tickets. Better odds.

 

[sam_ahmed]

Is it? Did they consciously decide to make her wait based on ethnicity, gender or other protected attributes? If not, you have no case.



So what. You're allowed to discriminate, so long as you don't do so based on protected classes.



We have long-time posters here whose names look very American (they're native-born Canadians) stuck for months in the name check. Sorry, no racist conspiracy here, either.



Pardon? The I-90 fees are the same. The I-485 fees are the same, and EAD/AP renewals are free. And even so, you're going to have exactly ZERO case challenging the visa quotas.



Wake up. Walmart sells the same product for different prices all the time; they discriminate in legal ways.



AILA was able to challenge them because they were violating the Administrative Procedures Act, not just because people didn't like it. That's the difference. Good luck hiring an attorney - I'll save my money for lottery tickets. Better odds.

by the grace of almighty god, if we come up with a solution, please be a last person in the line because you like to wait much longer the other

 

[Sgkrao]

No hope unless there is some reform - the math behind this

Here are some stats regarding the total number of EB3 applications received during the past years.

2001 : 85,847
2002 : 88,002
2003 : 46,415
2004 : 85,969
2005 : 129,070
2006 : 89,922
2007 : 85,030

Let us consider the plight of those with PD before 2004(say 2002 and 2003)

Assuming that applicants in 2001 are mostly taken care of(the last valid priority date for EB3 -India was Nov.2001, before it became U) - for 2002 and 2003 we have a total of 134,417 applications in EB3 category

Total EB-3 Visas available/year = approx. 40,000 (28.3% of 140K)
India's quota/year = 7% of 40,000 = 2,800

Now even if we assume that of the 134,417 EB-3 applications, 20% belong to Indian nationals ( a fair assumption based on some historical data) there are going to be around 27,000 EB-3 applications from Indians. But we know that every year, only 2,800 visas are allocated to Indians.

That would mean a wait of close to 10 years for those who have priority date of Nov/Dec. 2003. I know that some folks will come up with the argument that any unused EB-1/EB-2 will trickle down to EB-3( it has happened before wherein in a particular year, close to 17,000 EB-3 visas were allocated to India !!). So even if you are highly optimistic your wait will be probably not for 10 years, but say 5 years from now !! But I doubt that will happen as there are substantial number of EB-1 and EB-2 applications in the pipeline - that will make up for their respective quotas, leaving little of the trickle down effect. (At the bottom I have provided the number of EB-1 and EB-2 applications filed over the years). I don't even want to do the math for those who filed in 2005 or 2006.

No wonder PD is not moving for India. Without a reform/miracle nothing much can happen. If at least they allow the recapture of the unused visas (over the past 8 to 10 years), then an additional 200,000 -250,000 visas will be available to overcome the handicap that has resulted in the long wait.

HOPE I AM WRONG and the wait is not as long !!

@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@@
Here are some stats regarding the total number of EB-2 applications received during the past years.
(Total EB-2 Visas available/year = approx. 40,000 (28.3% of 140K)

2005 : 42,597
2006 : 21,911
2007 : 44,162

Here are some stats regarding the total number of EB-1 applications received during the past years.
(Total EB-1 Visas available/year = approx. 40,000 (28.3% of 140K)

2005 : 64,731
2006 : 36,960
2007 : 26,697