PDA

View Full Version : Fact Sheet Final Version For Comments- Open to all


singhsa3
08-14-2007, 11:52 PM
Employment Based (EB) Green Card (GC) Laws
• The yearly GC quota is 140K. This includes GC for spouse and children. On an average, GCs are given to ~60K families.
• Each country is allotted 7% (of 140K) GCs (equally distributed among EB-1, EB-2 and EB-3) plus any unused visa from other countries. For India, average numbers of EB GCs issued in last seven years were 32K (~12K families).
• As per USCIS Ombudsman report
o Between 2001-07, USCIS was not able process all applications and hence ~155K GCs went waste as unused GCs in a year can not be reused in following years. This was most likely due to resource constraints.
o The report estimates the submission of 500K-750K (yes 500K+) AOS applications between June 1 and August 17 2007.
o FBI security checks may be the single biggest obstacle to the timely and efficient delivery of immigration benefits.
• There were ~200K pending EB Adjustment of Status (AOS) or I-1485 applications as of June 1st.
• So far EAD renewal has been taking around 3 months. Due to the volume of applications, EAD renewal may take 3-9 months. Thus, you may have to apply for renewal more frequently.
• FBI security check backlog is likely to get worse, because the August USCIS fee increase has prompted a 50 percent rise in new naturalization applications so far this year.
• EB Immigration reform does not have enough support in Congress (failure of SKILL, STEM ..). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting.
• The laws need to be changed and the process improved to fix the situation.
What does it mean?
• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
• Some, who could not file AOS by 08/17, may have to wait for several years (5+ years).
• Longer EAD/AP renewals cycle and 1 year validity may have the following affects.
o You will have to stop working, if your EAD is not renewed in time.
o Several employers (and rightly so) may view EAD as a temporary permit and may be reluctant to hire you.
• You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
• If you were unmarried at the time of filing and planning to bring spouse to the USA upon marriage, you will need to continue on current status (e.g. H-1B) or wait till your PD become current.
Immigration Voice (IV) Executive and Legislative Efforts
• Lobbying is an efficient tool to influence law and rule making.
• IV was very active in lobbying for CIR 2006, which was passed in senate.
• IV grass-root effort (flower campaign + San Jose Rally) was an important reason for retraction of July Visa Bulletin.
• Due to upcoming presidential elections, next congress session in October’07 may be our only window of opportunity for several years to influence the lawmakers.
Your options: a) Struggle for several years b) Leave USA c) Help yourself by joining IV

http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc

singhsa3
08-15-2007, 12:02 AM
This will be mass distributed with the flyers.

chanduv23
08-15-2007, 12:14 AM
The fact sheet is a must read for all IV members. Please use this fact sheet and then judge yourself - whether you want to talk about receipt notices or go to the rally.

Singhsa3 and Macaca took a lot of pains and created it with a lot of effort. Good work.

Please distribute the fact sheet as flyers and send the facts as emails, on blogs, various websites etc... and spread the message.

Let the community have a realistic view of the situation.

If you still do not consider doing the rally - the this is ehat will happen - IV will do it with whoever comes - the strength will be low, and opposition will ride over us easily as we are weak.

So - please read the above fact sheet - this fact sheet is your reciept notice, and start heading towards DC.

chanduv23
08-15-2007, 08:50 AM
^^^^^^^^^^^^^^^^^^^^^^

chanduv23
08-15-2007, 09:08 AM
No one is intrested in knowing the facts?

ngodisha
08-15-2007, 09:35 AM
It should be SKIL and not SKILL as mentioned in the fact sheet. (not being picky but trying to end up with a typo free document).

Will let you know if I find anything more.

another one
08-15-2007, 09:39 AM
One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.



Employment Based (EB) Green Card (GC) Laws
There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.
[/B]

chanduv23
08-15-2007, 09:46 AM
One question on the bullet below: Does the calculation assume that all 140K visa numbers can be used towards all pending applications, irrespective of country limits. I thought the country limit is going to make the situation much worse.

If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up

485_se_dukhi
08-15-2007, 09:56 AM
I'm posting it where ever I can on different forums.

gova123
08-15-2007, 10:06 AM
I agree, with the Country limit, the situation might be much worse. And also in the point where you said that the CIR failed at the first stage. The main reason CIR failed was probably everyone thought that CIR would directly give amnesty to 12-16 million and also did not separate Illegal to Legal immigrants.. If somehow we separate them out and explain that IV is doing the lobbyingonly for Legal immigrants, we can even show to some of the office colleagues and they will find it very interesting and may be listen to our geniune concerns. Any inputs to my suggestions..................

andy garcia
08-15-2007, 10:07 AM
If at all USCIS plan it efficiently - one quarter in an year can be used to allocate numbers to retrogressed countries - I am not 100% sure about this, but this is what happened in the July visa fiasco - DOS wanted to maximize utilization and USCIS screwed it up

You are correct. This Fiscal Year they followed the law accordingly.

INA -ACT 202 specify clearly:

(A) EB IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.

mpadapa
08-15-2007, 10:19 AM
singhsa3, Thanks for compiling this report. Could you tone down the statement in the below quote.. make it "You have to be in the same position with same job responsibilities for quite a few years....."

It would be nice if you could provide a link to the USCIS Ombudsman report because you are referring to it a lot. This make the report more authentic for the reader.


Employment Based (EB) Green Card (GC) Laws
You have to be in the same position with same job responsibilities for an indefinite time period, otherwise your GC application will be rejected.
[/B]

johnamit
08-15-2007, 10:20 AM
Thanks for bringing this up and highlighting the issue.

The below quoted estimate is when we are assuming a perfect world, however I believe it will take longer than this.


• There will be around 1Million AOS/I-485) applications by Aug 17 which will take 1M/140K = 7+ years to clear the backlog. Thus, late priority dates will remain retrogressed for several years.

manderson
08-15-2007, 10:26 AM
"IV was very active in lobbying for CIR 2006, which was passed in senate. "

True but most people don't know the difference between passing it in senate and signing it into law - they will think it simply passed (this has been my experience when talking to GC/485 newbies). Please say something like "which was passed in the senate (upper house of parliament), short of passing into law".

pappu
08-16-2007, 01:42 PM
Fact sheet for download

http://immigrationvoice.org/media/forums/iv/WashingtonDC_IV_Rally_w_FactSheet.doc