Yahoo: Legal Immigrants to US face GC logJam

after looking at this thread, it will be amazing if we can even form a united group representing legal immigration causes, let alone agree to get along.
 
The point some here have been trying to make, which I also agree with, is that Americans don't have any sympathy for immigrants, legal or illegal. They don't care if you spend 25 years waiting and still didn't get a green card.

If you want to get their attention and get them on your side, you have to point out something that directly affects Americans. Like a scientist at a drug company leaving the country because his green card is taking so long, so the drug company suspends work on the drug he was developing and lays off the Americans who were working under him. Or an entrepeneur who came to the US, got tired of waiting, then left the country to start his own company in Canada/England/Japan, and the company grew to become a major competitor to American firms.

But since this long retrogression is a thing in recent years, and isn't much of a problem for EB2 and EB3, there aren't many stories like that to tell right now.
 
envision said:
Everyone's input is valuable here, can we discuss the issues without attacking each other personally? :D


Agreed.

It is the misinformation and half truths that it is difficult to see being spread by certain posters. It is the same folks and they do it repeatedly.
 
unitednations said:
Here is a posting what another poster did in 485 forums. Taken right from the heart.

Hi All,

I am not a good story writer, so some body please edit or add more valid points to this story. So that we can send it to CNN, Fax and all other channels for more awarness abour our issue.

Let me know your views.

-----------------------
Dear CNN producers,

I watch AnderSon Cooper 360, LouDobbs and Larry king shows and
i love your television channel, the way you present the truth the
American citizens and the communities.

I would like to take this opportunity and request you guys to consider
this topic as a important topic for the immigration community, US economy
by putting this on AIR.

Topic to discuss on your channel:
Legal Immigration issues or Green Card delay kills young talent. Are we getting
what we need?

Issue: Right now there are more than 1 million legal immigrants are in line,
waiting to get their green cards. Some of them are waiting for long time (tired)
and been staying here in USA for more than 4 to 9 years.

Why we need these Legal immigrants.
Justification:
Yahoo, Google and some of the top company founders are LEGAL immigrations
and we can not ignore legal immigrants talent the way they built these companies
which gives thousands of jobs here in US.

Here is some of the facts about Legal Immigrants from the Economy point of view.

1. Legal Immigrants are very skilled people, like IT professionals, doctors, and
Scientists.

2. They make minimum $60K to $250K from their jobs.

3. They are so young and talented people, which gives us the fresh ideas and energy
to the country.

4. In Bay area it self, there are more than 30% start up companies are from
recent legal immigrants.

Here is what we are loosing from them because of the delay in the green card processing.
Assuming that 10% of immigrants will spend their money, which is around 100,000. Use this
number in the following areas and calculate how much US Economy might grow in each category.

1. They make very good salary, but they are very careful about spending money because
they are not from this country. So they will wait until they become legal residence
to start spending their money.

2. They won't buy a home because they don't know about their status.
If you think 10% of the legal immigrants will buy homes after they get their green cards,
then the number of new homes will grow in US is 100,000.
Most of the homes what these immigrants buy are more than $300K an AVEARAGE (Source:
based on their income levels).
I have 10 friends in USA who came here from India, out of 10, around 6 people are
waiting for buy a home once if they green card.

3. Most of these immigrants has so much talent, they want to invest their money and
on start companies (like Bay Area), start restaurants (which will give jobs to US citizens)etc.
This is a big investment number that US economy is missing.

4. They cannot plan on big vacation like any other Americans because they don't know
Happens with their status tomorrow. So they cannot spend $3K to go to Hawaii.
This would be loss to Airlines.

5. They have been driving old car and don't want to buy a luxury car even thou they
are capable of buying a expensive car worth more than $40K (Usually).

6. These guys send all their money to their native countries to build their base
because they don't know the future here in US.
So if i made $125K in my first 5 years that is $125K hard cash after tax.

Many more like this ...So over all, if we add up all these numbers, they are big numbers..

Next part is, how much Legal immigrants are suffering from this delay of green cards.
1. Most of the legal immigrants are so young, so if they don't get their green cards
in 10 years, that means US is missing very young age talent on that time span
and letting them to stay in LIMBO for 10 years.

Then, by the time they get their green cards, they will cross 30 years or 35 years.
So this age will be slow age to take any risk in starting up a new business or
spend their money.

2. If i can not get my green card in US (or delay) , there might be a chance that
i will need to move back to my home country (India). When i plan to go India,
i will tell the same to my employer and my employer might say, "if you are
leaving then why don't we hire some body in India and do all our development
over there for less cost".
This is how it starts the trend to go back to foreign countries.

3. 10 years living in LIMBO is too much burden on brain, so they get to mental
health issues.

4. Most of the individual stories are some kind of tragedy because of the green card
delay.

Many more things like this ....

Also see the latest Legal immigrant article on Yahoo recently.
http://news.yahoo.com/s/nm/20061129...sa_greencard_dc


Finally, i would like US Government, Politicians to see all these points, approve
the green cards soon to make millions of immigrants life better and start getting
their turn by letting them spend their money with the peaceful life.

Thanks,
Ravi Surya.
My phone number: xxx-xxx-xxxx
__________________
EB3-INDIA PD: March 2003

485 AD:?????

--------------------------------------------------------------------------------

Again and again

Such type of stories can make cry only legal immigrants affected by retrogression, even illegal will not cry. A middle level american would say if that guy so unhappy here let him move to his original country or somewhere else where he can have decent life.

I can only imagine american (who makes 30-40K per year) listening this pitty story about poor legal immigrant making 60-250K, sending money back to his native country.

But seriously even if each legal immigrant take his/her 200-300K which he/she has on the saving account to move it to the original country it will be miserable amount in comparision with other US expenses.
 
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Well, more in the same boat.. we have about 6 folks including me who joined fresh after masters around same time and have been with same company for 7-8 years. Except for two (still with the company) who are smart enough to apply a bit early got gc in 2 1/2 years, we are all stuck in eb2 retro and now on extensions. Now, we are just hoping that the company somehow survives long enough..:(. Amidst of all, one of my colleagues who is from non retro (eb2) recently joined company recently on h1b got GC (yes, actual card) in less than an year..

unitednations said:
I know a lot of people through this portal. I have only met one person who came to usa on h-1b and stayed with the same company for 7 years. Just about everyone else follows the pattern of typical american in the first five years of their career (ie., frequent job changes).
 
sfmars said:
Again and again

Such type of stories can make cry only legal immigrants affected by retrogression, even illegal will not cry. A middle level american would say if that guy so unhappy here let him move to his original country or somewhere else where he can have decent life.

I can only imagine american (who makes 30-40K per year) listening this pitty story about poor legal immigrant making 60-250K, sending money back to his native country.

But seriously even if each legal immigrant take his/her 200-300K which he/she has on the saving account to move it to the original country it will be miserable amount in comparision with other US expenses.

God I wish I were making 60-250k :D
 
well, this just shows how retro is a big deal only for certain coutry-nationals.
It is not like the US is not getting or retaining any talented people; the talented people just happen to be from countries that are not just yet over-subscribed.
GCInThisLife said:
Well, more in the same boat.. we have about 6 folks including me who joined fresh after masters around same time and have been with same company for 7-8 years. Except for two (still with the company) who are smart enough to apply a bit early got gc in 2 1/2 years, we are all stuck in eb2 retro and now on extensions. Now, we are just hoping that the company somehow survives long enough..:(. Amidst of all, one of my colleagues who is from non retro (eb2) recently joined company recently on h1b got GC (yes, actual card) in less than an year..
 
tusharvk said:
well, this just shows how retro is a big deal only for certain coutry-nationals.
It is not like the US is not getting or retaining any talented people; the talented people just happen to be from countries that are not just yet over-subscribed.

precisely!! As far as greencards go, India had a better year than any other country in 2005 BTW.
 
Minor problem ...

tusharvk said:
well, this just shows how retro is a big deal only for certain coutry-nationals.
It is not like the US is not getting or retaining any talented people; the talented people just happen to be from countries that are not just yet over-subscribed.

Guys and Gals,

We need to get it in our head that the so called "retro problems" are not viewed to be as bad as we Indians/EB3 Mexicans think they are. In the big picture only India EB3 (very severe) and India EB2 (relatively severe) and Mexico EB3 are being severely affected. These categories account for a large percentage of the applicant pool but in the big picture they are only three categories within the huge fold of the USCIS. The rest of the categories are seeing unprecented efficiency. EB3 ROW is struggling but it has started moving so there is some hope there. It is also a well known fact that most of the applicants who are "stuck" in the retro will continue to stay here through all this.

Keeping all this in mind, I am almost certain that very little will be done to provide direct relief to India and Mexico categories. The current backlog issue will probably be allowed to run its natural course. It has already been 1.5 years of retro and it will probably continue for our categories till these issues get resolved in the next 2-5 years. The key will be the backlog reduction efforts of the BECs. Only God knows when that will happen ...

In the near term, the only way of relief is in the form of some collateral relief as part of a bill that addresses problems that are viewed to be important for the US. Illegal immigration and border security are the two issues that may be addressed and we can only hope to tag along with them. I may be wrong here but this seems to be the most likely outcome.

regards,

saras
 
that has been my point too. If we take s/w jobs, India is badly effected and companies know how to handle this without a immigration law change. why would they lobby for it. may be something will be done for illegal immigrants but not for an average waiting eb3/eb2.
 
saras76 said:
Guys and Gals,

We need to get it in our head that the so called "retro problems" are not viewed to be as bad as we Indians/EB3 Mexicans think they are. In the big picture only India EB3 (very severe) and India EB2 (relatively severe) and Mexico EB3 are being severely affected. These categories account for a large percentage of the applicant pool but in the big picture they are only three categories within the huge fold of the USCIS. The rest of the categories are seeing unprecented efficiency. EB3 ROW is struggling but it has started moving so there is some hope there. It is also a well known fact that most of the applicants who are "stuck" in the retro will continue to stay here through all this.

Keeping all this in mind, I am almost certain that very little will be done to provide direct relief to India and Mexico categories. The current backlog issue will probably be allowed to run its natural course. It has already been 1.5 years of retro and it will probably continue for our categories till these issues get resolved in the next 2-5 years. The key will be the backlog reduction efforts of the BECs. Only God knows when that will happen ...

In the near term, the only way of relief is in the form of some collateral relief as part of a bill that addresses problems that are viewed to be important for the US. Illegal immigration and border security are the two issues that may be addressed and we can only hope to tag along with them. I may be wrong here but this seems to be the most likely outcome.

regards,

saras

Well, we also need to get in our heads that most of employment based GC's are given out to EB2 (india,china) and EB3(india,mexico,china,phillipines). So if that category is facing problems, then US definitely runs the risk of losing talent. The fact remains that EB2 and EB3 are the only avenues for bright young talent to migrate to the US. Other categories like EB1 or family based, either take a long time or depend on personal circumstances. Some top scientists might use EB1 but they are well established and cannot be called young.
The other issue is about only a few countries being affected -- however these 4 countries (india,china,mexico and phillipines) account for 90% of EB visas.
So there is definitely a strong case to say that US is losing valuable talent. Please try to send E-mails about this to people and spread the word rather than simply keep quiet and wait for things to happen.
 
Illegals ...

indian_gc_ocean said:
that has been my point too. If we take s/w jobs, India is badly effected and companies know how to handle this without a immigration law change. why would they lobby for it. may be something will be done for illegal immigrants but not for an average waiting eb3/eb2.

I am sure something will be done for illegals. It is in the US's interest to try and get the illegals to come out of the woodwork as they say. The most likely solution will be some form of amnesty coupled with border security. The CIR in its current form will not make it. I think there will be a different version of the CIR in '07 and it will gain traction if some of the controversial components are watered down. An increase in the visa numbers will hopefully tag along with such a bill. Although I agree that this sort of bill will have adverse effects on the immigration system in the long term, it is the only solution for people on the fence (Post April01 and 02 EB3s from India and Mexico). The way this system works, there is always going to be collateral damage. A perfect bill is near impossible ..

I am very doubtful of a legal immigration bill making it to law anytime soon. Although the idea is noble and the general US public is sympathetic towards it, there isn't enough push from employers or even law makers. Compared to burning issues such as the Iraq war, illegal immigration and national security, our legal immigrant issues are almost irrelevant in the national debate.

There is no denying that our problems are real and legitimate but we will not be taken seriously because our problems are very community centric and do not resonate well outside our little EB3 community.

cheers,

saras
 
I am doing what I can ..

hipka said:
Well, we also need to get in our heads that most of employment based GC's are given out to EB2 (india,china) and EB3(india,mexico,china,phillipines). So if that category is facing problems, then US definitely runs the risk of losing talent. The fact remains that EB2 and EB3 are the only avenues for bright young talent to migrate to the US. Other categories like EB1 or family based, either take a long time or depend on personal circumstances. Some top scientists might use EB1 but they are well established and cannot be called young.
The other issue is about only a few countries being affected -- however these 4 countries (india,china,mexico and phillipines) account for 90% of EB visas.
So there is definitely a strong case to say that US is losing valuable talent. Please try to send E-mails about this to people and spread the word rather than simply keep quiet and wait for things to happen.

Hipka,

You make some good points but the problem is that the US is not loosing talent just yet. People are still coming here on H1Bs. People that are already here are extending their H1Bs beyond the 6 years, those that have filed for GCs are sticking around indefenietly. I agree that if this issue is not resolved within a reasonable amount of time then there may be long term effects on the talent pool coming to the US but as things stand now it is almost impossible to convince lawmakers and the US public that the current immigration problems are leading to a loss of talent in the US.

Don't get me wrong. I have supported and continue to support every effort by the legal community to get our voices heard but at times it is good to step back and look at the situation from a more practical view. Doing so has convinced me that a 1.5 year retrogression is no big deal for anyone apart from Indian and Mexican immigrants.

Look at it this way, if the USCIS/DOL was to conduct a presentation on the state of the immigration process to average Americans and lawmakers they would show them all the good things that have taken place. Labors are being approved in record speeds (PERM), 140s are being processed quickly (premium processing), 485s are being approved within a year in most cases. Most categories are current. Service center processing dates that used to run 2-3 years behind are now within 6 months of todays date. The list of accomplishments is endless. They will also proudly say that there is very little backlog (retro cases are not considered backlogged). No one is going to pay attention to the real facts (majority of cases are retrogressed). They will all walk away with a good feeling about the immigration process and this will reinforce their opinion that us Indians and Mexicans just "bitch" about everything.

I am not trying to discourage anyone from trying to raise awareness or supporting bills that address our issues but we need to be certain about what we are up against.

cheers,

saras
 
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hipka said:
Some top scientists might use EB1 but they are well established and cannot be called young

You exaggerate EB1 category. Believe me it is enough to be PhD and work at any US university to qualify for EB1. The other 3-4 out of 10 criterias for EB1 is easy to get kind of publications, confirmations of 12 scientists...etc. Several people whom I know personally were successful in EB1.

All of them are not 19 years old but mid 30~40 years old.
 
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On September 11, 2006, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Gurus any idea what this means
With priority dates in doldrums
i doubt this means much
within 60 days yeah right!!!
 
RFE receipt

useruk77 said:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Response to request for evidence received, and case processing has resumed.

On September 11, 2006, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

Gurus any idea what this means
With priority dates in doldrums
i doubt this means much
within 60 days yeah right!!!

useruk77,

This is a standard update from USCIS upon the receipt of an RFE response. If your PD is not current then the 60 day window means nothing. My case had an RFE in May 05 and the message is the same.

regards,

saras
 
hipka said:
Well, we also need to get in our heads that most of employment based GC's are given out to EB2 (india,china) and EB3(india,mexico,china,phillipines).
this will change and is happening already;

hipka said:
So if that category is facing problems, then US definitely runs the risk of losing talent.
but that talent is now coming from other countries. So US is getting talent+diversity. if GC numbers go waste in a year, then you will be proved right.
 
Yes, the new system is working as it is intended to.. and over the time, it will stabilize and people will know what to expect and won't be as upset as they are now with the system. This is the point I wanted to make. Initial turmoil is common/expected with any significant system changes. Typically most of us are only concerned about our case(s) and get upset, where as govt usually looks for long term benefits. Of course there are decisions like attacking Iraq that have gone terribly wrong :) . However, I do say that if it weren't for 245(i) which came unexpected (for us - may not be for govt), things would have been in much better shape.

Our company never took undue advantage (I know lot of consulting firms do) of our H1B in terms of pay etc and so GC wouldn't be a huge concern. This is the reason not many people left after getting their GC. The only worry is company is kind of going on a rough road and went through huge restructuring and layoffs recently, we just hope that it survives and keep us in till we get GCs.



unitednations said:
That is the ugly truth.

When one is discussing incresing quota, flaws within the current system; the discussion can only be confined mainly to India. That is the ugly truth and in discussions people are having about increasing quota, contacting media that truth isn't being told. Eventually, when people will start digging in they might conclude the system is working pretty well. Currently, the outcry is only from one set of people; not all people.

It might take some urgency if every category was retrogressed for five years; which isn't the case.
 
GCInThisLife said:
Yes, the new system is working as it is intended to.. and over the time, it will stabilize and people will know what to expect and won't be as upset as they are now with the system. This is the point I wanted to make. Initial turmoil is common/expected with any significant system changes. Typically most of us are only concerned about our case(s) and get upset, where as govt usually looks for long term benefits. Of course there are decisions like attacking Iraq that have gone terribly wrong :) . However, I do say that if it weren't for 245(i) which came unexpected (for us - may not be for govt), things would have been in much better shape.

Our company never took undue advantage (I know lot of consulting firms do) of our H1B in terms of pay etc and so GC wouldn't be a huge concern. This is the reason not many people left after getting their GC. The only worry is company is kind of going on a rough road and went through huge restructuring and layoffs recently, we just hope that it survives and keep us in till we get GCs.

For moment I thought you work for uscis, good that you are working with a consulting firm. If you had been working with any blue chip s/w company you would have been offered an attractive offshore temporary worker package in your sixth year. By the time system stabilizes, I have little doubt that only indians will be in the immigration queue.
 
I am not working with a consulting firm. If I were, I would be really upset as I know lot of them take good advantage of GC situation and offer less pay/billing rate. Funny that you mentioned, our company does have an offshore office (bangalore) and we make periodic visits but, none of us are offered an offshore position (at least not yet). Probably because they think we are more needed here than in India as our company is not that big.

indian_gc_ocean said:
For moment I thought you work for uscis, good that you are working with a consulting firm. If you had been working with any blue chip s/w company you would have been offered an attractive offshore temporary worker package in your sixth year. By the time system stabilizes, I have little doubt that only indians will be in the immigration queue.
 
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