Macaca
07-09 12:01 PM
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
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SunnySurya
08-24 09:19 AM
Please don't get me started now. Almost everyone on this forum lurks because of self interest. If one has to do public service , I would join a organization like CRY etc.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
Regarding yourself, you lurk on this forum to show you are better than others now that you have your "citizenship". I doubt you have contributed even a single cent to the cause or written any letter or contacted any lawmaker. And I don't blame you because you have no reason to do that.
But I strongly suggest that you should get a life!!!
>> You are talking about 2004, 05
SunnySurya is taking about 2004, 2005 because his PD is Oct 2005. Its that simple. Just self-interest.
feedfront
08-26 02:48 PM
Do you have Pritority Date written on your I-485's notice of action? It's blank for me.
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jgh_res
12-16 09:54 AM
Meditation soothes your mind. It is scientifically proven.
Time magazine reports where doctors studied Buddhist’s and you can find all the reports at:
http://www.time.com/time/magazine/article/0,9171,1101030804-471136,00.html
http://www.time.com/time/covers/1101030804/#
Guys, It is all scientific.
Look at the bottom link and click on tab "Wave Change".
http://www.time.com/time/covers/1101030804/om/
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
Time magazine reports where doctors studied Buddhist’s and you can find all the reports at:
http://www.time.com/time/magazine/article/0,9171,1101030804-471136,00.html
http://www.time.com/time/covers/1101030804/#
Guys, It is all scientific.
Look at the bottom link and click on tab "Wave Change".
http://www.time.com/time/covers/1101030804/om/
Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...
I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.
SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.
The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.
Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?
more...
admin
05-05 11:34 AM
Dear admins,
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
I think deleting my post was not fair. The other people who have been bashing us with MS degrees need to also have their posts deleted.
I was not offensive in anyway, I just pointed out the reality of the situation and that is not "being offensive."
If you are afraid of alienating some of your contributors, well then by deleting the posts of ppl with Masters degrees you risk alienating them.
If I offended the admin personally if he/she does not have a masters degree, I apologize for hurting your "feelings" but that does not allow you to delete my post.
Finally, since 99% of the time the admins come back with not relevant to the thread, I agree on that ground but respectfully request the deletion of posts by a bunch of others like the "hiring manager" who instigated this discussion.
The posts were deleted on the basis of one criteria only- whether they were offensive to others or not and not on the basis of who wrote the post. If you do feel some post is offensive to you, please report it to us by clicking on the exclamation mark above the post.
As far as this discussion about Masters in the US is concerned, it must have been pushed for by the Universities themselves as this could be a selling point for their degrees.
People do have to realize that if people with Masters are taken out of the quota, then all of us benefit. In the current queue there could easily be tens of thousands of people with Masters Degree. If they are taken out of the quota, the rest of us benefit from the reduced queue.
PS - I have a non US, non STEM advanced degree but I still strongly support this measure.
neelu
12-12 12:49 AM
Good question.
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
Also, I just learnt (through this forum) about 'hold'. Senator Sessions had put a 'hold' (a non-written tradition needing consent to raise in the senate) on the Cornyn bill.
Is that only for the lameduck session? Or is it true in general? Can senators put a 'hold' on a matter in any senate session? If that is true, then Senator Sessions can never even let this matter come up in senate in 2007 (and after.)
No I think it was only for the Lame Duck session. If it were to be for all sessions, no law would ever be able to pass, because in a democracy, it is an almost impossible feat to obtain unanimous vote!
more...
gclongwaytogo
10-09 03:20 PM
Checks not cleared....No receipt. Nothing:mad::(:confused::(:mad:
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josecuervo
08-20 12:02 PM
Folks
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
Did anyone get their physical Cards without getting CPO message ?
I have recd the I-797C Approval notice on the 11th but I have not recd the physical cards as yet. BTW I did not get any welcome e-mail or CPO mail - I directly got 485 Approval e-mail and that is all.
wait4ever,
My situation is very similar to yours.
As per CSR "The cards will be sent to the printer in October". I dont know how far it is true or what to make out of it.
Probably she is reading a standard call script. God knows...
more...
xu1
05-03 11:58 AM
thanks for responding...any contradicting/second opinions? What is the exemption towards - both filing for 485 and processing of 485 too, right? Isn't it an exemption from the EB quota?
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
Exemption of a qualified alien from the availability of visa numbers. So yes, you can file for 485 however unavailable EB2/3/1 visa numbers are.
And I agree with the previous poster that should this SKIL ever pass, it does not matter under which category your employer filed your LC, you are able to go ahead and file for AOS with a post-graduate US STEM degree.
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EB3_SEP04
08-20 02:56 PM
All,
Sorry if I am posting on wrong thread. I am in the process of sending my documents for EAD renewal and had few questions
Do we need to include a cover letter ?
Also I am sending the following documents.
1) copy I-485 receipt notice
2) copy of EAD (front and back)
3) two color photos
4) Filing fee check $340
5) Mailer stub received from previous EAD.
Am I missing anything else?
A cover letter even though not required, is always a good idea. Do mention in bold that you want the new EAD to start from mm/dd/yy which is when your current one expires, otherwise it could start from the approval date and you could lose 2-3 months. I'd keep the cover letter short, just 2-3 lines plus doc list.
Good luck.
Sorry if I am posting on wrong thread. I am in the process of sending my documents for EAD renewal and had few questions
Do we need to include a cover letter ?
Also I am sending the following documents.
1) copy I-485 receipt notice
2) copy of EAD (front and back)
3) two color photos
4) Filing fee check $340
5) Mailer stub received from previous EAD.
Am I missing anything else?
A cover letter even though not required, is always a good idea. Do mention in bold that you want the new EAD to start from mm/dd/yy which is when your current one expires, otherwise it could start from the approval date and you could lose 2-3 months. I'd keep the cover letter short, just 2-3 lines plus doc list.
Good luck.
more...
gcdengindhi
05-08 07:41 PM
what the heck is happening to this stupid organization. did some one fart in the brains of the USCIS and DHS leadership. All I am saying is dont you idiots understand that the constant stress and pressure being faced by us with these dates going back and forth. keep them constant at a particular date, finish processing them and then move them one day at a time. then we will know when we will get the green cards. why move foraward give some one from 2006 green card and then push it to 2000 (who the f**k does not know that there is no one there in 2000).
anyway good luck and good waiting time for the next one month. man i was so eagerly waiting to see this bulletin. f**k these a**holes
anyway good luck and good waiting time for the next one month. man i was so eagerly waiting to see this bulletin. f**k these a**holes
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EndlessWait
10-08 12:32 PM
Action item for IV, besides visa recapturing etc. Its one of the items they
should add to there agenda.
should add to there agenda.
more...
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sina
08-26 11:18 AM
Hi Gccovet,
So you mean - I and ajaykk will get the EADs within next 10 days even if our applications haven't been looked at yet? Did this happen to you. I am not too much bothered about this at this point as I am working on H1. But just thought would reply to ajaykk since we had similar experience.
Sina
So you mean - I and ajaykk will get the EADs within next 10 days even if our applications haven't been looked at yet? Did this happen to you. I am not too much bothered about this at this point as I am working on H1. But just thought would reply to ajaykk since we had similar experience.
Sina
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desi3933
06-28 10:58 AM
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
Many reasons. Pick any one of you choice.
1. Employer does not want file H-1B this year at all.
2. Employer already has 15% workforce on H-1B and does not want to become H-1B dependent employer.
3. This job is permanent and H-1B can be filed only for temporary jobs.
H-1B Specialty (Professional) Workers (http://www.foreignlaborcert.doleta.gov/h-1b.cfm) The H-1B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation or as a fashion model of distinguished merit and ability.
4. H-1B quota is over (if applicable) and employee is on F1 OPT.
5. In past, many H1-B has been rejected by USCIS for this job position.
6. The job does not qualify as specialty occupation under H-1B
All of these reasons are valid legal reasons. One more time, valid legal reasons.
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
Are you suggesting the employer is required, by law, to file for H-1B sponsorship for the job applicant?
Avoiding H-1B applicant is legal, whereas avoiding GC/EAD/OPT applicant isn't.
For argument sake, assuming if H-1B applicant can force employer to file H-1B and he/she was not picked because of his/her H-1B visa status, he/she has legal route of filing case against that employer. In this was true, there will be many attorneys eager to file such cases. But, alas, there is not even one such case.
Employer has choice of
1. Filing or not filing H-1B
2. Filing or not filing green card for the employee.
These are employer's choices. Legal choices.
_______________________
Not a legal advice.
US citizen of Indian origin
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gc_chahiye
09-28 04:33 PM
If Labor Certification and I-140 Approval Notices are a property of the Employer, how the "Beneficiary" is supposed to invoke 'AC-21' for changing jobs in the future without having the approval notices? - My employer has a policy of NOT giving out approval notices of LC and I-140.
for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.
for AC-21 (if you choose to inform USCIS: its recommended, but some people dont do it) you only need to provide a letter explaining you are porting, and include a copy of your new employers offer letter. You provide receipt number of your 485. I-140/LC copies not needed. If you are trying to port after 6 years of H1, and need to extend H1 with new employer, thats when you need copy of I-140 approval notice or LC. If your employer does not provide it, I think you will be forced to use AC-21 with EAD in that case.
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Macaca
07-09 12:01 PM
� 245.1 Eligibility.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
(a) General. Any alien who is physically present in the United States, except for an alien who is ineligible to apply for adjustment of status under paragraph (b) or (c) of this section, may apply for adjustment of status to that of a lawful permanent resident of the United States if the applicant is eligible to receive an immigrant visa and an immigrant visa is immediately available at the time of filing of the application.
Condi and USCIS are saying the above.
Now lets see how the above LAW was followed in the following cases (which may not be a complete list).
Oct 1 2005 & Oct 1 2006 when 140K GCs were available but ALL AOSs were not acceptable.
May 14 (??) when 60K GCs were available but many more AOSs were acceptable and were accepted from June 1-30.
June 12 when < 40K GCs were available but ALL AOSs were acceptable.
July 2 when 0 GCs were available and ANY AOS was not acceptable.
Months in 2005, 2006 and 2007 when ALL AOSs were not acceptable.
Months in 2005 and 2006 when ANY AOS was not acceptable.
more...
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smisachu
10-08 04:55 PM
I have the following questions to pick the brains of my fellow IV'ians:
1. I would like to change careers. Since I can have multiple employments, can I have 1 job which fits the LC job profile and second which is in a new career.
How I intend to do this is by consulting in the field of my current job (as per LC) and have full time employment in a different career.
This leads to my second question.
2. This has been asked before , but I did not see a good answer. Can you consult using 1099 or should you be on the payroll ?
3. Thirdly, Assuming I have to consult through a consultant and not through 1099;
I intend to use a consulting company. Since there are no consulting companies or I don't know any, in my current field of work (Automobile engineering) I will have to use a regular(read Desi) consultant. Is there any issue with this as the code for him will be different than the labor code of my present employer. I will put down that I am working as per the same code as my labor, but the employers code will be different. Consulting companies usually get a code which will say " Nature of business: Consulting-All kinds". Will this be sufficient?
All answers will be greatly appreciated.
Thanks
1. I would like to change careers. Since I can have multiple employments, can I have 1 job which fits the LC job profile and second which is in a new career.
How I intend to do this is by consulting in the field of my current job (as per LC) and have full time employment in a different career.
This leads to my second question.
2. This has been asked before , but I did not see a good answer. Can you consult using 1099 or should you be on the payroll ?
3. Thirdly, Assuming I have to consult through a consultant and not through 1099;
I intend to use a consulting company. Since there are no consulting companies or I don't know any, in my current field of work (Automobile engineering) I will have to use a regular(read Desi) consultant. Is there any issue with this as the code for him will be different than the labor code of my present employer. I will put down that I am working as per the same code as my labor, but the employers code will be different. Consulting companies usually get a code which will say " Nature of business: Consulting-All kinds". Will this be sufficient?
All answers will be greatly appreciated.
Thanks
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mqualique
05-01 02:22 PM
My good faith best understanding is FB2 is not far behind. please refer VB.
Even though right now FB2 is not far behind the gap will progressively increase due to post given below. Consider 2 glasses half full. If you pour 50% water from 1 glass to another 1 glass will be 75% full(EB) and other glass will be 25%full(FB).
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
Even though right now FB2 is not far behind the gap will progressively increase due to post given below. Consider 2 glasses half full. If you pour 50% water from 1 glass to another 1 glass will be 75% full(EB) and other glass will be 25%full(FB).
Even if FB 2 almost has same priority date as EB 2 or 3 once the EB dependents quota gets counted against FB quota almost half of the EB backlog would move to FB which will cause progression in EB dates and retrogression in FB dates. Anyway I think simple1 point is definitely a good point and worthy of further discussion and clarification from attorneys.
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jindhal
09-24 01:35 PM
I have no problem with porting, but the priority date should be starting from when they acquired required qualifications for the job.
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
Example, if someone with B.S and 2 years experience had applied in EB3 in 2005 and tries to port now I think it is fair to have the ported PD not in 2005, but 2008 when the person acquired B.S + 5 years experience.
This would automatically address all those folks who deserved to be in EB2 but couldnt either becuase lawyer screwed up or issues with sponsoring company.
Thank you!!
jayleno
09-21 03:01 PM
Hi
I dont have a RN in mail, but employer said my checked were encashed yesterday. My app was recieved at NSC on the 24th July.
I dont have a RN in mail, but employer said my checked were encashed yesterday. My app was recieved at NSC on the 24th July.
ThinkTwice
07-11 04:46 PM
So that we have some information to distribute?
I have put the below together ..
------------------------=-=-=-=-=-=-=-=-=-=-=================================================
THE WHAT:
Employment Based Skilled Immigrants have to wait for 7 – 12 years or MORE to get their green cards.
THE WHY:
Numerical caps on Employment Based green cards.
Processing delays in adjudication of files.
THE EFFECT:
These future Americans are facing perpetual uncertainty and stagnations.
No Career growth.
Spouse cannot work.
American Companies cannot hire the best and the brightest.
Stagnation
Stagnation
Stagnation
THE SOLUTION:
Increase Numerical limits.
Eliminate counting spouses against the quota numbers.
Recapture lost visa numbers.
- ImmigrationVoice.org
I have put the below together ..
------------------------=-=-=-=-=-=-=-=-=-=-=================================================
THE WHAT:
Employment Based Skilled Immigrants have to wait for 7 – 12 years or MORE to get their green cards.
THE WHY:
Numerical caps on Employment Based green cards.
Processing delays in adjudication of files.
THE EFFECT:
These future Americans are facing perpetual uncertainty and stagnations.
No Career growth.
Spouse cannot work.
American Companies cannot hire the best and the brightest.
Stagnation
Stagnation
Stagnation
THE SOLUTION:
Increase Numerical limits.
Eliminate counting spouses against the quota numbers.
Recapture lost visa numbers.
- ImmigrationVoice.org
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