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siddar
09-12 04:07 PM
What does that meant "withdrawal acknowledgment notice"? Did you request for i-485 originals to be sent to you?
Hi Gurus,
I have got an email update today against my 485 which says that
Current Status: Withdrawal Acknowledgment Notice Sent. I changed my job after 8 months of filing my 485. No body sent any withdraw application on my behalf or myself. Please advise, what i should do now...
Thanks
Hi Gurus,
I have got an email update today against my 485 which says that
Current Status: Withdrawal Acknowledgment Notice Sent. I changed my job after 8 months of filing my 485. No body sent any withdraw application on my behalf or myself. Please advise, what i should do now...
Thanks
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gcwait2007
06-20 06:42 PM
I was told my laywer "to hand over ONLY ONE copy at POE. If AP stamped, it can NOT be used again."
I have been traveling on AP for the last 3 years, since Octobet 2007 and I have used more than 10 times. The POE / CBP officer stamps the AP and passport on each occasion. Each of my AP has multiple stamps.
I have been traveling on AP for the last 3 years, since Octobet 2007 and I have used more than 10 times. The POE / CBP officer stamps the AP and passport on each occasion. Each of my AP has multiple stamps.
nayekal
04-15 02:43 PM
Here are the RFE details, I received from my attorney.
- corporate tax returns for 2008 and 2009
- current number of employees for my company
- Employee's paystubs for the last four pay periods
- Employee's 2009 W-2
- Employee's last federal tax return
Also, if you have any corporate brochures or pamphlets (other than what appears on the Internet site), please send a copy.
Looks like they haven't asked me a client letter as I am a full time employee. As per my attorney & HR, furnishing these details is not a big deal.
Thanks,
Nayekal
- corporate tax returns for 2008 and 2009
- current number of employees for my company
- Employee's paystubs for the last four pay periods
- Employee's 2009 W-2
- Employee's last federal tax return
Also, if you have any corporate brochures or pamphlets (other than what appears on the Internet site), please send a copy.
Looks like they haven't asked me a client letter as I am a full time employee. As per my attorney & HR, furnishing these details is not a big deal.
Thanks,
Nayekal
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gcwaiter2003
03-02 08:56 PM
Friends,
I'm planning to change the JOB and trying to join new company.Now the title offered by the new company is Systems QA Analyst(Testing).
Can you please let me know what all precautions i need to take when i change job. Do i need to file AC-21.
I'm working with my Green Card Sponsoring employer(Software Engineer) from 11/2002 to Till Date. I started using my EAD from 2007.
Here are my details for your info.I've all the papers and copies with me.
My LCA title is Software Engineer. occ code-030,062-010
After that for the last 6 years I'm working in Quality Assurance Testing within IT.
Priorty Date - Feb-2003
Title Code - Software Engineer
Category - EB-3
Country - INDIA
I-140 Approved - Sept-2004
I-485 Pending from - August-2004
Finger Printing - 3 times
RFE- 2007
Current Status on EAD - Currently on 5th EAD
MY LCA : Job Description.
Research,design develop and modify software/systems applications with product development in a client/server enviornment using VB.NET/ASP.net Framework,MS-Visual Studio and MS-SQL server,com,dcom,MTS,ORcacle,data reportscrystalreports,in windows nt operating systems,specific projects will include design,configuration and customization of two tier web based applications using MS/SQL and java utilized for business systems managment. will modify software designs and specialized utility programs and provide status reports to project manager will work in a team enviornment testing and developing customized software/systems applications in accordance with proejct specifications under the close supervison of project manager. Additonal enviornments may include java,jsp,servlets,html,javascript,websphere,intern et information server(IIS) on windows 9X and windows nt operating systems,asp and apache webserver and oracle.
My new job offers says this.
Job Title:
Systems Qa Analyst
Job Description
The Quality Assurance Leads main responsibility is to participate & lead basic to medium project testing efforts by preparing/implementing test plan strategies from conception to implementation. Will also provide governance of QA and IT processes/methodologies through personal leadership and via training opportunities for team members. Helps with/coordinates the project workload and ensures XYZCOMPANY distributed software meets QA processes/methodologies.
DESCRIPTION OF RESPONSIBILITIES
Acts as a lead/reviewer in the assessment of documentation and usage of integrated methodologies/processes. Conducts QA reviews - ensures that documented processes meet XYZCOMPANY established Development standards.
Works with Project Mgrs to establish & maintain the proper level of testing coverage on personal and team projects.
Ensures team members fully understand QA methodologies and QA project documentation and project artifacts meet /adhere to business practices.
Ensures the team defines, documents, applies repeatable processes/procedures on all assigned projects. Define processes, tools, metrics, and governances for the QA area, and how specific methodology fits within the agile/waterfall processes.
Coordinates testing activities on projects. Creates test plan strategies for own project - reviews and provides feedback on those written by others.
Ensures testing team executes tests in the right VM setup, right server environment, platform, and/or configuration for the right phase of testing, i.e. functional, integration, or regression.
Ensures that the proper data exists for all assigned project work.
Assists in providing estimates, test plan strategy/test plan creation, and in the execution of feature/functional integration, and regression tests.
Trains & governs XYZCOMPANY QA Assurance processes/methodologies and later governs IT methodologies.
Leads UAT testing efforts by working with UAT participants to ensure proper methodology, processes/expectations are followed and met. Insures quality even in the highest pressured environments.
Ensures project processes are followed, accurate, complete, and that the business requirements are met. i.e. the customer needs are met.
Ensures quality is not sacrificed for the sake of only completing project objectives.
Monitors IT Product Development Groups processes and metrics.
Trains/mentors QA team members according to QA disciplines placed into action. Establishes & rolls out metrics on findings.
Provides an assessment to XYZCOMPANY IT Managers for XYZCOMPANY software project releases if they are not meeting an acceptable level of quality via QA governance findings.
Makes inquiries on environments used for testing to make sure they meet standards.
Researches new products/industry methodologies - facilitates the development of new concepts, techniques, & standards.
Produces metrics for area of responsibility both on a regular and an adhoc basis to include on IT score card.
Promotes/ensures that QA and Organizational Vision, Values and Goals are followed and achieved.
Provides input to the development and then feedback to the manager on Team Member objectives and targets. (360 degree feedback)
Supports and enforces Conflict Resolution process; handles escalated issues.
Defines touch points, review process, audit process to ensure staffs adherence to practices.
Leads/participates in completing the work on multiple projects within a release which may include scheduling, time estimation and resource needs for all approved projects.
Creates/develops templates & checklists to better assist tm's with their work.
Defines, strategizes, implements, and communicates plans towards ideal future state.
Develops strategies/prescribes steps designed to ensure results are achieved & rules are in compliance w/standards.
Basic Qualifications
5+ years IT quality assurance and systems/application testing experience.
Minimum Qualifications
4 year degree and 5+ years experience or equivalent combination of education and experience to be defined as:
4+ years experience in developing test plans, test cases (manual, automated, or performance), test procedures, test scripts, expected results, and the usage of a testing tool. Preferably, Quality Center, Quick Test Pro (QTP), or LoadRunner.
Proven ability to understand complex test environments and configurations, and manage testing efforts from planning through to execution.
Ability to handle multiple projects and directives and work in a fast-paced work environment.
Demonstrated understanding of project management, project planning and risk mitigation experience.
Proven leadership skill sets (Build processes from the ground up and coach others on processes)
Excellent verbal and written communication skills.
Ability to effectively communicate with individuals within all levels of technical and non-technical roles (Developers, Project Managers and external Customers)
Demonstrated ability to meet deadlines with acceptable levels of supporting documentation.
In depth understanding of the Software Development processes (Agile and Waterfall) and Testing Methodologies.
Understanding of the approach of working on agile teams versus waterfall teams.
Strong analytical and problem solving skills.
Must have proficiency with the Microsoft Suite tools for projects.
Preferred Skills
Experience in all phases of the Systems Development Life Cycle (SDLC).
Experience in leading QA teams, and their work efforts.
Experience in defect tracking, reporting, and metrics for testing.
Experience and understanding of client server and web architectures.
Experience and understanding of application servers.
Experience in data testing and in understanding database servers.
Experience collaborating on projects with Project Managers / PMO office.
Exposure to diverse platforms and operating systems, including current and emerging technologies.
Thank you very much for your help in advance!!
I'm planning to change the JOB and trying to join new company.Now the title offered by the new company is Systems QA Analyst(Testing).
Can you please let me know what all precautions i need to take when i change job. Do i need to file AC-21.
I'm working with my Green Card Sponsoring employer(Software Engineer) from 11/2002 to Till Date. I started using my EAD from 2007.
Here are my details for your info.I've all the papers and copies with me.
My LCA title is Software Engineer. occ code-030,062-010
After that for the last 6 years I'm working in Quality Assurance Testing within IT.
Priorty Date - Feb-2003
Title Code - Software Engineer
Category - EB-3
Country - INDIA
I-140 Approved - Sept-2004
I-485 Pending from - August-2004
Finger Printing - 3 times
RFE- 2007
Current Status on EAD - Currently on 5th EAD
MY LCA : Job Description.
Research,design develop and modify software/systems applications with product development in a client/server enviornment using VB.NET/ASP.net Framework,MS-Visual Studio and MS-SQL server,com,dcom,MTS,ORcacle,data reportscrystalreports,in windows nt operating systems,specific projects will include design,configuration and customization of two tier web based applications using MS/SQL and java utilized for business systems managment. will modify software designs and specialized utility programs and provide status reports to project manager will work in a team enviornment testing and developing customized software/systems applications in accordance with proejct specifications under the close supervison of project manager. Additonal enviornments may include java,jsp,servlets,html,javascript,websphere,intern et information server(IIS) on windows 9X and windows nt operating systems,asp and apache webserver and oracle.
My new job offers says this.
Job Title:
Systems Qa Analyst
Job Description
The Quality Assurance Leads main responsibility is to participate & lead basic to medium project testing efforts by preparing/implementing test plan strategies from conception to implementation. Will also provide governance of QA and IT processes/methodologies through personal leadership and via training opportunities for team members. Helps with/coordinates the project workload and ensures XYZCOMPANY distributed software meets QA processes/methodologies.
DESCRIPTION OF RESPONSIBILITIES
Acts as a lead/reviewer in the assessment of documentation and usage of integrated methodologies/processes. Conducts QA reviews - ensures that documented processes meet XYZCOMPANY established Development standards.
Works with Project Mgrs to establish & maintain the proper level of testing coverage on personal and team projects.
Ensures team members fully understand QA methodologies and QA project documentation and project artifacts meet /adhere to business practices.
Ensures the team defines, documents, applies repeatable processes/procedures on all assigned projects. Define processes, tools, metrics, and governances for the QA area, and how specific methodology fits within the agile/waterfall processes.
Coordinates testing activities on projects. Creates test plan strategies for own project - reviews and provides feedback on those written by others.
Ensures testing team executes tests in the right VM setup, right server environment, platform, and/or configuration for the right phase of testing, i.e. functional, integration, or regression.
Ensures that the proper data exists for all assigned project work.
Assists in providing estimates, test plan strategy/test plan creation, and in the execution of feature/functional integration, and regression tests.
Trains & governs XYZCOMPANY QA Assurance processes/methodologies and later governs IT methodologies.
Leads UAT testing efforts by working with UAT participants to ensure proper methodology, processes/expectations are followed and met. Insures quality even in the highest pressured environments.
Ensures project processes are followed, accurate, complete, and that the business requirements are met. i.e. the customer needs are met.
Ensures quality is not sacrificed for the sake of only completing project objectives.
Monitors IT Product Development Groups processes and metrics.
Trains/mentors QA team members according to QA disciplines placed into action. Establishes & rolls out metrics on findings.
Provides an assessment to XYZCOMPANY IT Managers for XYZCOMPANY software project releases if they are not meeting an acceptable level of quality via QA governance findings.
Makes inquiries on environments used for testing to make sure they meet standards.
Researches new products/industry methodologies - facilitates the development of new concepts, techniques, & standards.
Produces metrics for area of responsibility both on a regular and an adhoc basis to include on IT score card.
Promotes/ensures that QA and Organizational Vision, Values and Goals are followed and achieved.
Provides input to the development and then feedback to the manager on Team Member objectives and targets. (360 degree feedback)
Supports and enforces Conflict Resolution process; handles escalated issues.
Defines touch points, review process, audit process to ensure staffs adherence to practices.
Leads/participates in completing the work on multiple projects within a release which may include scheduling, time estimation and resource needs for all approved projects.
Creates/develops templates & checklists to better assist tm's with their work.
Defines, strategizes, implements, and communicates plans towards ideal future state.
Develops strategies/prescribes steps designed to ensure results are achieved & rules are in compliance w/standards.
Basic Qualifications
5+ years IT quality assurance and systems/application testing experience.
Minimum Qualifications
4 year degree and 5+ years experience or equivalent combination of education and experience to be defined as:
4+ years experience in developing test plans, test cases (manual, automated, or performance), test procedures, test scripts, expected results, and the usage of a testing tool. Preferably, Quality Center, Quick Test Pro (QTP), or LoadRunner.
Proven ability to understand complex test environments and configurations, and manage testing efforts from planning through to execution.
Ability to handle multiple projects and directives and work in a fast-paced work environment.
Demonstrated understanding of project management, project planning and risk mitigation experience.
Proven leadership skill sets (Build processes from the ground up and coach others on processes)
Excellent verbal and written communication skills.
Ability to effectively communicate with individuals within all levels of technical and non-technical roles (Developers, Project Managers and external Customers)
Demonstrated ability to meet deadlines with acceptable levels of supporting documentation.
In depth understanding of the Software Development processes (Agile and Waterfall) and Testing Methodologies.
Understanding of the approach of working on agile teams versus waterfall teams.
Strong analytical and problem solving skills.
Must have proficiency with the Microsoft Suite tools for projects.
Preferred Skills
Experience in all phases of the Systems Development Life Cycle (SDLC).
Experience in leading QA teams, and their work efforts.
Experience in defect tracking, reporting, and metrics for testing.
Experience and understanding of client server and web architectures.
Experience and understanding of application servers.
Experience in data testing and in understanding database servers.
Experience collaborating on projects with Project Managers / PMO office.
Exposure to diverse platforms and operating systems, including current and emerging technologies.
Thank you very much for your help in advance!!
more...
sundarpn
04-30 12:08 PM
I went to grad school at OSU Stillwater abt 60 miles from OKC. I have been to OKC a couple of times.
It is a smaller city and less expensive, less traffic, wide open spaces, cleaner. You may not have the same indian community as NJ etc. But not a bad place at all.
Yup dallas / nothern parts of texas is very much driveable.
It is a smaller city and less expensive, less traffic, wide open spaces, cleaner. You may not have the same indian community as NJ etc. But not a bad place at all.
Yup dallas / nothern parts of texas is very much driveable.
gapala
02-02 08:02 PM
Whats next?? Sending a letter to Walmart to stop importing from china and sell american goods?
H1B use is being sensationalised, particularly by anti's. Bad economy is not helping us.
But remember, businesses are run by capitalists. As the CNBC video suggests, they don't want to be told how to run their business, especially, companies who havenot received any bailout money.
Microsoft responded well. I hope others follow suit and ask these people to shutup.
I like your predictive question :D :D American goods? Have you seen those trash cars? Ludicrously expensive and little value. Given the life style, 80% of the folks in this country would not be able afford anything if that happens. Express pathway to 3rd world.
H1B use is being sensationalised, particularly by anti's. Bad economy is not helping us.
But remember, businesses are run by capitalists. As the CNBC video suggests, they don't want to be told how to run their business, especially, companies who havenot received any bailout money.
Microsoft responded well. I hope others follow suit and ask these people to shutup.
I like your predictive question :D :D American goods? Have you seen those trash cars? Ludicrously expensive and little value. Given the life style, 80% of the folks in this country would not be able afford anything if that happens. Express pathway to 3rd world.
more...
randomness
03-16 07:16 PM
Aug 08, 2008
2010 Demi Lovato
xyz2005
10-19 01:59 PM
What you say holds good only if USCIS is informed on the job change with AC21 before GC approval.
If you have never informed USCIS about AC21 and your GC got approved, then how are you going to prove to USCIS that you were holding a similar or same position with the new employer during naturalization? Do they accept AC21 papers during naturalization or what?
I 1 million % agree with Munna Bhai and his statements. American desi, AC21 is meaningless if you get GC from new employer and informing USCIS about switch is OPTIONAL. For later Citizenship purposes, just stay with new employer for another 6 months. Munna Bhai is cent percent correct in his recommendations/statements....That is very well documented and discussed in immigration forums etc.
Take care
Best Regards,
If you have never informed USCIS about AC21 and your GC got approved, then how are you going to prove to USCIS that you were holding a similar or same position with the new employer during naturalization? Do they accept AC21 papers during naturalization or what?
I 1 million % agree with Munna Bhai and his statements. American desi, AC21 is meaningless if you get GC from new employer and informing USCIS about switch is OPTIONAL. For later Citizenship purposes, just stay with new employer for another 6 months. Munna Bhai is cent percent correct in his recommendations/statements....That is very well documented and discussed in immigration forums etc.
Take care
Best Regards,
more...

javadeveloper
08-07 07:59 PM
If you are using the experience route, then it is preferred to go for a different company. It is somewhat difficult to get EB2 certification from the same company if the experience was gained in it. Most lawyers shy away from doing this.
Advantage of going with the same company
1.as you'll be working with the Same company you don't have the risk of AC21 headache and you can claim that you are still with the GC sponsoring company
Disadvantage of going with the same company
1.If the required # of years gained from the the same company it may be a problem to get the Eb2 certification.If you already have the required # of years of experience prior to joining that company then It's not a problem
Correct me If I am not right!!!
Advantage of going with the same company
1.as you'll be working with the Same company you don't have the risk of AC21 headache and you can claim that you are still with the GC sponsoring company
Disadvantage of going with the same company
1.If the required # of years gained from the the same company it may be a problem to get the Eb2 certification.If you already have the required # of years of experience prior to joining that company then It's not a problem
Correct me If I am not right!!!
hair Lovato started her acting
gc_check
07-21 02:01 PM
AP Paper Filed through Attorney on June 10,2008 Receipt Date, June 12. USCIS Status Approved on July 18. Waiting for hard copy of approval.
more...
Libra
07-15 02:13 PM
I am in MN, am ready to participate
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shsk
07-16 02:35 PM
My attorney said use your judgement, I am filing this week
After having come so-far better apply
After having come so-far better apply
more...
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lunatic
06-28 06:52 PM
:!: wow, those are all really good.
had no choice but to go with :sen: though :love:
had no choice but to go with :sen: though :love:
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franklin
08-12 02:24 AM
Good luck everyone attending the meeting - hope things go well.
I'll be there in spirit :)
I'll be there in spirit :)
more...
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kutra
11-15 07:55 AM
There's a company in Silicon Valley "Ooyala" formed by ex-Google employees working exactly on this: http://www.ooyala.com/about
"Ooyala is a technology company that delivers the best video experience for all, be they content owners, advertisers or viewers."
Also, as a side note (insider info), the founders of Ooyala pitched the idea to Google a few years back, but Google wasn't impressed. Ooyala, however, has raised significant VC funding, so if they are successful, Google might extend an offer.
"Ooyala is a technology company that delivers the best video experience for all, be they content owners, advertisers or viewers."
Also, as a side note (insider info), the founders of Ooyala pitched the idea to Google a few years back, but Google wasn't impressed. Ooyala, however, has raised significant VC funding, so if they are successful, Google might extend an offer.
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am100
06-25 12:24 PM
This is the last thing I wanted. With all the wait, this will just add to the agony. Now we have no clue how long it will take to get approved, even if PD is current.
more...
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md_alien
04-21 01:20 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC I-485 (EB) - June 29, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
NSC I-485 (EB) - July 11, 2007
Screen shot for TSC April processing dates.
http://img165.imageshack.us/img165/3277/tsc0408bc7.png
Complete TSC and NSC dates can be found here http://www.immigrationtalkies.com/LatestProcessingTimes.htm (http://www.immigrationtalkies.com/LatestProcessingTimes.htm)
(Credits to (http://www.immigrationtalkies.com/LatestProcessingTimes.htm)GCkiTalash on ) (http://www.immigrationtalkies.com/LatestProcessingTimes.htm)
PS: Those who gave me reds for posting wrong info, pls. see the attached screen shots.
TSC I-485 (EB) - June 29, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
NSC I-485 (EB) - July 11, 2007
Screen shot for TSC April processing dates.
http://img165.imageshack.us/img165/3277/tsc0408bc7.png
Complete TSC and NSC dates can be found here http://www.immigrationtalkies.com/LatestProcessingTimes.htm (http://www.immigrationtalkies.com/LatestProcessingTimes.htm)
(Credits to (http://www.immigrationtalkies.com/LatestProcessingTimes.htm)GCkiTalash on ) (http://www.immigrationtalkies.com/LatestProcessingTimes.htm)
PS: Those who gave me reds for posting wrong info, pls. see the attached screen shots.
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iwantgc
10-10 12:21 PM
This is a good column i got from CompeteAmerica.com
********
The Issue: Reform of the permanent visa ("green card") process is urgently needed to enable American employers to hire and retain talent necessary to remain globally competitive. Congress must act to provide more visas. If not, and, "If current trends remain, by 2010, 90% of the world's engineers and scientists will live in Asia." [1]
Why the Concern? America does not produce enough United States' workers (USWs) in the fields of science, technology, engineering and mathematics (STEM) to keep the United States at the forefront of scientific research and innovation. American companies are working to produce more United States' graduates in these fields, but in the meantime half of the STEM graduates of American universities are foreign nationals. United States' employers want to permanently retain this talent. Recently this has been difficult because other countries like the United Kingdom, India, China and Australia provide opportunities, making it easier for these individuals to permanently stay in countries abroad. However, America's ability to retain this talent has been made even worse. Specifically, the USCIS and the DOL's efforts to reduce application backlogs have created another crisis, unavailability of green cards. As of October 1, 2005, the DOS had to set the clock backwards and "ration" available green card numbers, forcing thousands of foreign professionals to wait at that time up to seven years to get a green card. Most of these professionals have already been in the United States for over a decade and this unavailability forces them to put their lives on hold even longer. Imagine being unable to seek promotions, move to a new city, go to work for a different employer or to tell your spouse to wait "another few years" to resume his or her career. Professionals face these frustrations. We will continue to lose many foreign professionals until Congress acts.
How the EB System Works. The employment-based (EB) preference system provides green cards for foreign nationals sponsored by American employers. The annual EB cap is 140,000, covering five EB preferences and allocated equally among all countries (see below)[2]. Individual countries are subject to annual ceilings, which have resulted in backlogs for those born in high-demand countries, even if the overall visa limit is not reached. Unlike the H-1B cap, spouses and children count against the quota, leaving fewer visas for workers. If a category is "oversubscribed" only applicants who applied before a certain "cut-off" date can obtain a visa.
Green Card Availability Fiscal Years 2003 to Present
I. The Employment-based First (EB-1) "Priority Workers." Allots up to 40,000 visas/year to workers of "extraordinary ability" (i.e. Nobel Prize recipients) in the science, arts, education, business or athletics, "outstanding professors & researchers," & "multinational executives and managers."[3] USCIS notes that of the 64,731 EB-1 visa entries in FY04 58% were dependents[4]. Of the 4,671 EB-1 visas issued abroad in FY04 Department of State (DOS) estimates over half were issued to dependents. DOS information is contained in the chart below.[5]
II. The Employment-based Second (EB-2) "Advanced Degree Professionals, Exceptional Ability." Allots up to 40,000 visas/year and any unused EB-1 visas to advanced degree and exceptional ability workers in sciences, arts or business.[6] USCIS notes that of the 42,597 EB-2 visas entries in FY04 51% were dependents.[7] Of the 1,478 EB-2 visas issued abroad in FY04 DOS estimates that over half were issued to dependents. DOS information is contained in the chart below.[8]
III. The Employment-based Third (EB-3) "Skilled, Professional and Other Workers." Allots up to 40,000 visas/year plus unused EB-2 visas to skilled workers, professionals, and other (unskilled) workers. Other workers are limited to 5,000 visas per year.[9] USCIS notes that of the 129,070 EB-3 visas entries in FY04 52% were dependents[10]. Of the 12,693 visas issued abroad in FY04 DOS estimates that over half were issued to dependents. DOS information is contained in the chart below.[11]
IV. The Employment-based Fourth (EB-4) "Special Immigrants, Religious Workers." Allots up to 10,000 visas/year to certain special immigrants (ministers, religious workers, former government USWs).[12] There are no backlogs in this preference. USCIS notes that of the 10,133 EB-4 visa entries in FY04 62% were dependents[13]. 975 EB-4 visas were issued abroad in FY04 and DOS estimates over half were issued to dependents.[14]
V. The Employment-based Fifth (EB-5) "Immigrant Investors." Allots up to 10,000 visas/year to immigrant investors (between $500,000 - $3 million to invest in a job-creating enterprise in the U.S.) Each investor must employ at least 10 USWs. There are no backlogs in this preference. USCIS notes that of the 346 EB-5 visas entries in FY04 57% were dependents.[15] 29 EB-5 visas were issued abroad in FY04and DOS estimates over half were issued to dependents.[16]
Have EB Backlogs Happened Before - What Action Resulted?: Yes. The current annual allotments of permanent EB visas were set in 1990 to address similar backlogs that existed in the late 1980s. Before Congress acted, the backlog reached one and a half to three years or more depending on nationality, a short wait compared to the up to five year waits present now. While the 1990 quotas were sufficient for years, in the late 1990s, backlogs and cut-off dates emerged for professionals of certain countries due to the "per country" quotas similar to the issue today. Congress acted in 2000 to relieve the per country quotas (AC21 law)[17] . However, since worldwide demand is now greater, there will be few visas left to relieve the per country quotas.
How Is It Known When Visas Run Out? Because the Immigration and Nationality Act (INA) limits the number of immigrant visas that can be issued each year, the DOS is charged with regulating the flow of visas to ensure that the annual statutory limit is not exceeded. It does this by means of a monthly Visa Bulletin that details who may apply for the various EB immigrant visa categories. When DOS believes that the overall cap or a per country cap will be reached, as it has for August 2006, it cuts off applications by imposing a "cut-off " date and will only accept green card applications whose "priority date" (place in the queue) is before the cut-off date. Please note, the beneficiary of a labor certification or immigrant petition (I-140) is given a "priority date" when the labor certification or immigrant visa petition is filed.
For example: In FY06 the cut-off date in the EB-3 category for those foreign nationals born in China is October 1, 2001. Assume a U.S. employer hired a Chinese professional after graduation in 2001 in November and immediately began the green card process. Even if the professional has an approved labor certification and immigrant petition, it could still be several more years before he can finish the green card process.
The Solution: Congress must modernize the annual permanent visa quota by increasing available visas to employment-based immigrants. This should involve a: (1) raising the EB cap numbers (2) exempting foreign talent that hold a U.S. master's or higher degree and all EB dependents from the EB visa quotas; and, (3) in the short-term recapture unused EB immigrant visa numbers (approximately 90,000).
--------------------------------------------------------------------------------
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The Issue: Reform of the permanent visa ("green card") process is urgently needed to enable American employers to hire and retain talent necessary to remain globally competitive. Congress must act to provide more visas. If not, and, "If current trends remain, by 2010, 90% of the world's engineers and scientists will live in Asia." [1]
Why the Concern? America does not produce enough United States' workers (USWs) in the fields of science, technology, engineering and mathematics (STEM) to keep the United States at the forefront of scientific research and innovation. American companies are working to produce more United States' graduates in these fields, but in the meantime half of the STEM graduates of American universities are foreign nationals. United States' employers want to permanently retain this talent. Recently this has been difficult because other countries like the United Kingdom, India, China and Australia provide opportunities, making it easier for these individuals to permanently stay in countries abroad. However, America's ability to retain this talent has been made even worse. Specifically, the USCIS and the DOL's efforts to reduce application backlogs have created another crisis, unavailability of green cards. As of October 1, 2005, the DOS had to set the clock backwards and "ration" available green card numbers, forcing thousands of foreign professionals to wait at that time up to seven years to get a green card. Most of these professionals have already been in the United States for over a decade and this unavailability forces them to put their lives on hold even longer. Imagine being unable to seek promotions, move to a new city, go to work for a different employer or to tell your spouse to wait "another few years" to resume his or her career. Professionals face these frustrations. We will continue to lose many foreign professionals until Congress acts.
How the EB System Works. The employment-based (EB) preference system provides green cards for foreign nationals sponsored by American employers. The annual EB cap is 140,000, covering five EB preferences and allocated equally among all countries (see below)[2]. Individual countries are subject to annual ceilings, which have resulted in backlogs for those born in high-demand countries, even if the overall visa limit is not reached. Unlike the H-1B cap, spouses and children count against the quota, leaving fewer visas for workers. If a category is "oversubscribed" only applicants who applied before a certain "cut-off" date can obtain a visa.
Green Card Availability Fiscal Years 2003 to Present
I. The Employment-based First (EB-1) "Priority Workers." Allots up to 40,000 visas/year to workers of "extraordinary ability" (i.e. Nobel Prize recipients) in the science, arts, education, business or athletics, "outstanding professors & researchers," & "multinational executives and managers."[3] USCIS notes that of the 64,731 EB-1 visa entries in FY04 58% were dependents[4]. Of the 4,671 EB-1 visas issued abroad in FY04 Department of State (DOS) estimates over half were issued to dependents. DOS information is contained in the chart below.[5]
II. The Employment-based Second (EB-2) "Advanced Degree Professionals, Exceptional Ability." Allots up to 40,000 visas/year and any unused EB-1 visas to advanced degree and exceptional ability workers in sciences, arts or business.[6] USCIS notes that of the 42,597 EB-2 visas entries in FY04 51% were dependents.[7] Of the 1,478 EB-2 visas issued abroad in FY04 DOS estimates that over half were issued to dependents. DOS information is contained in the chart below.[8]
III. The Employment-based Third (EB-3) "Skilled, Professional and Other Workers." Allots up to 40,000 visas/year plus unused EB-2 visas to skilled workers, professionals, and other (unskilled) workers. Other workers are limited to 5,000 visas per year.[9] USCIS notes that of the 129,070 EB-3 visas entries in FY04 52% were dependents[10]. Of the 12,693 visas issued abroad in FY04 DOS estimates that over half were issued to dependents. DOS information is contained in the chart below.[11]
IV. The Employment-based Fourth (EB-4) "Special Immigrants, Religious Workers." Allots up to 10,000 visas/year to certain special immigrants (ministers, religious workers, former government USWs).[12] There are no backlogs in this preference. USCIS notes that of the 10,133 EB-4 visa entries in FY04 62% were dependents[13]. 975 EB-4 visas were issued abroad in FY04 and DOS estimates over half were issued to dependents.[14]
V. The Employment-based Fifth (EB-5) "Immigrant Investors." Allots up to 10,000 visas/year to immigrant investors (between $500,000 - $3 million to invest in a job-creating enterprise in the U.S.) Each investor must employ at least 10 USWs. There are no backlogs in this preference. USCIS notes that of the 346 EB-5 visas entries in FY04 57% were dependents.[15] 29 EB-5 visas were issued abroad in FY04and DOS estimates over half were issued to dependents.[16]
Have EB Backlogs Happened Before - What Action Resulted?: Yes. The current annual allotments of permanent EB visas were set in 1990 to address similar backlogs that existed in the late 1980s. Before Congress acted, the backlog reached one and a half to three years or more depending on nationality, a short wait compared to the up to five year waits present now. While the 1990 quotas were sufficient for years, in the late 1990s, backlogs and cut-off dates emerged for professionals of certain countries due to the "per country" quotas similar to the issue today. Congress acted in 2000 to relieve the per country quotas (AC21 law)[17] . However, since worldwide demand is now greater, there will be few visas left to relieve the per country quotas.
How Is It Known When Visas Run Out? Because the Immigration and Nationality Act (INA) limits the number of immigrant visas that can be issued each year, the DOS is charged with regulating the flow of visas to ensure that the annual statutory limit is not exceeded. It does this by means of a monthly Visa Bulletin that details who may apply for the various EB immigrant visa categories. When DOS believes that the overall cap or a per country cap will be reached, as it has for August 2006, it cuts off applications by imposing a "cut-off " date and will only accept green card applications whose "priority date" (place in the queue) is before the cut-off date. Please note, the beneficiary of a labor certification or immigrant petition (I-140) is given a "priority date" when the labor certification or immigrant visa petition is filed.
For example: In FY06 the cut-off date in the EB-3 category for those foreign nationals born in China is October 1, 2001. Assume a U.S. employer hired a Chinese professional after graduation in 2001 in November and immediately began the green card process. Even if the professional has an approved labor certification and immigrant petition, it could still be several more years before he can finish the green card process.
The Solution: Congress must modernize the annual permanent visa quota by increasing available visas to employment-based immigrants. This should involve a: (1) raising the EB cap numbers (2) exempting foreign talent that hold a U.S. master's or higher degree and all EB dependents from the EB visa quotas; and, (3) in the short-term recapture unused EB immigrant visa numbers (approximately 90,000).
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Krilnon
06-25 10:08 PM
I am using FP 9.0.0.296, so perhaps that is part of the problem. I always thought it was more fun to click on the helix anyways. :)
gimme_GC2006
06-30 09:54 PM
One small fedex truck can handle upto 20,000 envelops and small packets... and a large truck can handle upto 50,000 or so.
How many applications are ready and already mailed for monday delivery... my guess would be 10000 to 15000
so why do u think there will be traffic jam in lincoln nebraska? Please explain.
Or u are just like uscis who keeps making different statements and announcements and predictions and bulletins which doesn't mean anything.
May not bea traffic jam..but what made you think that there will be only 10K or 15K cases on Monday??
I am sure there will be 100K atleast
How many applications are ready and already mailed for monday delivery... my guess would be 10000 to 15000
so why do u think there will be traffic jam in lincoln nebraska? Please explain.
Or u are just like uscis who keeps making different statements and announcements and predictions and bulletins which doesn't mean anything.
May not bea traffic jam..but what made you think that there will be only 10K or 15K cases on Monday??
I am sure there will be 100K atleast
letstalklc
11-09 03:50 PM
Very Good letter Richard, Instead oif sitting without doing any thing, Always better to try some thing...Hope for the best (next year first quarter)....
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