General Immigration Discussion

[gcseeker]

I just came across this news item which might affect general policy of the USCIS .

http://www.boston.com/Boston/metrode...lFJ/index.html

"Homeland Security Secretary Janet Napolitano said today that the agency will launch a case-by-case review of 300,000 cases pending in immigration courts across the nation to focus on the federal government’s top priority, detaining and deporting criminals and serious violators of immigration law"

"Immigrants classified as low-priority cases could receive a stay of deportation and the chance to apply for a work permit."

Obama administration wants to weed out the criminals and leave the rest of the (illegal immigrants) eligible for an work permit.The article talks of the above.

People have many interesting theories for the July 2007 fiasco( boon for some ) ...One of them was historically George W Bush was pushing for Immigration reform as well in 2007 and it almost seemed like the bill would pass in Congress.Bush's bill was something similar to what the Obama administration is doing now. Grant temporary work permit visas to many illegal immigrants except the most criminal ones. The conspiracy theory goes USCIS expected an huge workload to come its way if the bill became law and decided to get rid of the its existing backlog and that was the reason it made both EB2 and EB3 current at the same time. The bill failed in congress badly and rest is history. ( I know logically DOS forced USCIS's hand but then why make EB3 current ....god knows)

Leaving aside the above theory.Just from the article above, it would make sense for the current administration which is losing huge popularity to regain some of the Latino vote base by providing them releif in courts and also issuing them work permits through the backdoor. I am just wondering what impact would this have on USCIS in terms of manpower and administrative procedures.

If it leads to an similar situation as 2007 would not complain...just saying.

[gcq]

gcseeker,

To add to the July fiasco theory, administration made everyone current not to ready USCIS for a heavy load of illegal applicants. Backlog of couple of 100 thousands of legal immigrants is nothing compared to millions of new illegal applicants.

The real reason for making everyone current is that legal immigrants who are waiting in the queue should be given priority over the millions of illegal immigrants that may apply as part of CIR. Even current administration has that idea. When they introduce CIR, they will flush out all current applications by approving them.

[ravisekhar]

I just came across this news item which might affect general policy of the USCIS .

http://www.boston.com/Boston/metrode...lFJ/index.html

"Homeland Security Secretary Janet Napolitano said today that the agency will launch a case-by-case review of 300,000 cases pending in immigration courts across the nation to focus on the federal government’s top priority, detaining and deporting criminals and serious violators of immigration law"

"Immigrants classified as low-priority cases could receive a stay of deportation and the chance to apply for a work permit."

Obama administration wants to weed out the criminals and leave the rest of the (illegal immigrants) eligible for an work permit.The article talks of the above.

People have many interesting theories for the July 2007 fiasco( boon for some ) ...One of them was historically George W Bush was pushing for Immigration reform as well in 2007 and it almost seemed like the bill would pass in Congress.Bush's bill was something similar to what the Obama administration is doing now. Grant temporary work permit visas to many illegal immigrants except the most criminal ones. The conspiracy theory goes USCIS expected an huge workload to come its way if the bill became law and decided to get rid of the its existing backlog and that was the reason it made both EB2 and EB3 current at the same time. The bill failed in congress badly and rest is history. ( I know logically DOS forced USCIS's hand but then why make EB3 current ....god knows)

Leaving aside the above theory.Just from the article above, it would make sense for the current administration which is losing huge popularity to regain some of the Latino vote base by providing them releif in courts and also issuing them work permits through the backdoor. I am just wondering what impact would this have on USCIS in terms of manpower and administrative procedures.

If it leads to an similar situation as 2007 would not complain...just saying.

hope they do something for legals waiting in line to file for an EAD.

[mesan123]

Dont know where you can get it....and if u cant find it in NJ...u will not find in other places...i cant join u in person as i dont live in NJ...but I support to Anna fast...

hey this is offtopic... so please delete as needed....

I want to get Gandhi topi as i am going to participate in anna's fast this weekend for a day...any idea how and where i can get this??

Hey also, anybdy interested and in NJ...let me know... we can get together and fast for a good cause...

[bieber]

economy, most of the business leaders repeatedly insisted the importance of keeping legal immigrants in the country by making it easy for H1 and GC, which will help US economy

Politics, legal immigrants may help the economy but they won't impact the election like illegal immigrants because they outnumber the legals

administration chooses to go for second (while they may also do first in the process), it's all fine until the big sir will do the bus tour and tell some politicians (read reps) will put politics infront of country/economy except that he will do the exactly same thing

[TheTexan]

Here we are going by the books, enduring emotional stress, anxiety etc and the government decides to give amnesty to illegals. If I do something that is illegal, I get punished by law, these people came here illegally but they'll be awarded citizenship... just ranting... again... :-)

[mesan123]

100% true...

Here we are going by the books, enduring emotional stress, anxiety etc and the government decides to give amnesty to illegals. If I do something that is illegal, I get punished by law, these people came here illegally but they'll be awarded citizenship... just ranting... again... :-)

[donvar]

Nishant and Knight
This is a blatant abuse. This is rampant in companies where founders/members had links with IV. CTS annually files around 450 EB1C primary applications. I dont know how come they need so many multinational managers.

These people must be taking around 7-8 K (Total EB1C -IC 12-14K, looking at EB1C consumption).

Simply writing to senators wont do the job. We should meet with some people to ask for stringent criteria assessment so that only genuine managers International/global managers get through EB1C.

Lets get together on this. I have sent you PM.

Hi All

Do you want to do something about it ? I am interested in highlighting this EB1 abuse but need information about genuine cases like Qualcom and CTS. I also need a proper writeup before meeting with talking/meeting with someone.

Please reply to my post if you are interested.

[gcq]

Here we are going by the books, enduring emotional stress, anxiety etc and the government decides to give amnesty to illegals. If I do something that is illegal, I get punished by law, these people came here illegally but they'll be awarded citizenship... just ranting... again... :-)

Obama's change in immigration stance may have something to do with this following news
Rep. Gutierrez arrested outside White House for second time

[soggadu]

damn...thats my first earth quake experience...

[mesan123]

It was bad ....phone lines still not working here in MD...

damn...thats my first earth quake experience...

[qblogfan]

NIU said that Mr.Co wanted to set September VB to 7/1/2007 or even later.

But on the Friday before VB release date, USCIS told him not to move VB too much because of their heavy work load.

I think they just want to take nice vacations and have an easy going job and screw EB2 C&I. Nobody gives a damn about our long waiting.

There are many fat butts in USCIS, just like every other federal agencies.

Veni,

Let's be clear, the only problem I had was with the statement *Note there has been a 63% increase in cases filed FY 2011 over cases filed in FY 2010.

Having crunched the numbers further, that does appear to be the case. I had made an error in the data selection before.

It doesn't bode well for SOFAD in the future. Even if ROW-M-P % decreases somewhat (on the basis that a lot of extra numbers may be due to EB3-EB2-I porting), that would still be a net increase in numbers.

[sandeep11]

qblogfan,

You ain't happy with USCIS isn't it.....I am just kidding..I have the same frustration too...

But is it possible that Mr CO woould listen to USCIS and wouldn't advance the dates just because they have heavy work load....something fishy here I guess.....the logic that they Mr CO gave that there was more demand on EB1 amd EB2 ROW makes more sense....

NIU said that Mr.Co wanted to set September VB to 7/1/2007 or even later.

But on the Friday before VB release date, USCIS told him not to move VB too much because of their heavy work load.

I think they just want to take nice vacations and have an easy going job and screw EB2 C&I. Nobody gives a damn about our long waiting.

There are many fat butts in USCIS, just like every other federal agencies.

[qesehmk]

sandeep

both are one and the same things. VO and USCIS need to work together and its a good thing. Increases predictability of the system.

on another note - I am concerned (please see the trackitt predictions thread) about EB1 and EB2ROW not picking up. If they can't use them for EB1 and EB2ROW then the it would be good if VO issues an amendment to the bulletin.

qblogfan,

You ain't happy with USCIS isn't it.....I am just kidding..I have the same frustration too...

But is it possible that Mr CO woould listen to USCIS and wouldn't advance the dates just because they have heavy work load....something fishy here I guess.....the logic that they Mr CO gave that there was more demand on EB1 amd EB2 ROW makes more sense....

[nishant2200]

I think DOS has trusted USCIS to hold true on their word that a significant documentarily qualified demand will materialize soon for this FY for EB1 and EB2 ROW.

It would be really a big pity if USCIS doesn't deliver. I don't think any heads will roll, but may very well cause trust issues in future with DOS and USCIS, which may turn out good for us... in terms of a BTM.

qblogfan,

You ain't happy with USCIS isn't it.....I am just kidding..I have the same frustration too...

But is it possible that Mr CO woould listen to USCIS and wouldn't advance the dates just because they have heavy work load....something fishy here I guess.....the logic that they Mr CO gave that there was more demand on EB1 amd EB2 ROW makes more sense....

[qblogfan]

Yeah, the thing I am worrying about is that USCIS provided wrong information to Mr.CO. Not many ROW are being approved and it's possible that some visas may go wasted. That will be a nightmare.

It's a black box and nobody knows whether there is real demand. Maybe it's an excuse from USCIS to lower their work load.

Apparently Mr.Co was planning to move the VB date beyond 7/1/2007, but the words from USCIS on August 5th destroyed many people's dreams. It's cold blooded.

I think DOS has trusted USCIS to hold true on their word that a significant documentarily qualified demand will materialize soon for this FY for EB1 and EB2 ROW.

It would be really a big pity if USCIS doesn't deliver. I don't think any heads will roll, but may very well cause trust issues in future with DOS and USCIS, which may turn out good for us... in terms of a BTM.

[ssvp22]

Yeah, the thing I am worrying about is that USCIS provided wrong information to Mr.CO. Not many ROW are being approved and it's possible that some visas may go wasted. That will be a nightmare.

It's a black box and nobody knows whether there is real demand. Maybe it's an excuse from USCIS to lower their work load.

Apparently Mr.Co was planning to move the VB date beyond 7/1/2007, but the words from USCIS on August 5th destroyed many people's dreams. It's cold blooded.

@qblogfan, friend you are not alone. Out here, i am tired to all the shit i need to take @work just cause i cannot change my job. My PD is so near, yet so far. Next 1 year might very well be like hell for quite a few in our boat. Also, looking at the initial estimates, my PD is right at the cusp of 2012/2013. Just thinking that i will get GC in 2013 makes me feel sick to the bones.

[cbpds1]

We need "Anna" for removing the I/C categories, seriously !!

[veni001]

USCIS SCOPS Presentation for the I-140 PDF from AILA

or

USCIS SCOPS Presentation for the I-140 PPT from USCIS

[sandeep11]

Q, I agree and understand that DOS and USCIS work together and have been doing that for a while now I guess. What I meant to say is that, it looks absurd that Mr CO (DOS) wouldn't advance dates based on a input from USCIS that 'they are overloaded'. It doesn't look like a valid reason at all. Now both parties' goal is not ensure that no numbers are wasted however overloaded they might be. If USCIS doesn't keep up and eventually waste numbers then they are held accountable which might help Mr CO rethink next time around.

If at all based on the trackitt data EB1 and EB2 ROW aprovals have slowed down I truly believe atleast few of us are robbed of a chance here. While I am skeptical about any ammendment to the already released VB, I really hope this would be considered a lesson learnt by DOS and proper measure taken to curb it.

sandeep

both are one and the same things. VO and USCIS need to work together and its a good thing. Increases predictability of the system.

on another note - I am concerned (please see the trackitt predictions thread) about EB1 and EB2ROW not picking up. If they can't use them for EB1 and EB2ROW then the it would be good if VO issues an amendment to the bulletin.

[nishant2200]

USCIS SCOPS Presentation for the I-140

Veni, one very interesting slide (page 30):

Q. What classification types are eligible for Premium Processing
service (PPS)?
A. Currently, petitioners may request PPS on E11, E12, E21
(which is NOT requesting a National Interest Waiver), E31,
E32, and EW3 classifications.
As of now, PPS is not available for either E13 (Multinational
Executive or Manager) or E21 when requesting a National
Interest Waiver.
However, in light of Secretary Napolitano’s announcement on
August 2, 2011, USCIS will likely begin offering PPS for E13
petitions in early calendar year 2012.

other interesting slides:

slide 33: porting date from previous I-140

slide 37 : TSC slow on 140, nothing said definitively about backlog reduction effort, just said, we are trying

[qesehmk]

Veni

Thanks. Here is something that caught my eye!! And this could be seriously good for all EB23IC.

Look at the eligibiity for EB13 ie. multinational manager.

　
E13 – Multinational Executive or Manager
In general, the petition must be accompanied by evidence that:In the 3 years preceding the time of the beneficiary's application for classification and admission into the United States:

1. The beneficiary has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof, and
2. The beneficiary seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

IF TRUE (A BIG IF) this means they have removed the "having worked outside US" condition. I am really surprised and can't believe this. I personally would've been eligible 6 years back. Dang! Lets discuss this. If true, this could be the ticket to a lot of backlogged managers in big US corporations.

USCIS SCOPS Presentation for the I-140

[nishant2200]

I don't think that is true Q. But even if it is, why do you think this applies to only "big" US corporations.

Veni

Thanks. Here is something that caught my eye!! And this could be seriously good for all EB23IC.

Look at the eligibiity for EB13 ie. multinational manager.

　
E13 – Multinational Executive or Manager
In general, the petition must be accompanied by evidence that:In the 3 years preceding the time of the beneficiary's application for classification and admission into the United States:

1. The beneficiary has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof, and
2. The beneficiary seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

IF TRUE (A BIG IF) this means they have removed the "having worked outside US" condition. I am really surprised and can't believe this. I personally would've been eligible 6 years back. Dang! Lets discuss this. If true, this could be the ticket to a lot of backlogged managers in big US corporations.

[qesehmk]

Advancing dates is an operational procedure and doesnt fall under any law afaik. So VO does have a lot of discretion there. You are right, if USCIS cant deliver those EB1 and EB2ROW cases they said they are overloaded w then VO is going to have to eat teh crow.

Q, I agree and understand that DOS and USCIS work together and have been doing that for a while now I guess. What I meant to say is that, it looks absurd that Mr CO (DOS) wouldn't advance dates based on a input from USCIS that 'they are overloaded'. It doesn't look like a valid reason at all. Now both parties' goal is not ensure that no numbers are wasted however overloaded they might be. If USCIS doesn't keep up and eventually waste numbers then they are held accountable which might help Mr CO rethink next time around.

If at all based on the trackitt data EB1 and EB2 ROW aprovals have slowed down I truly believe atleast few of us are robbed of a chance here. While I am skeptical about any ammendment to the already released VB, I really hope this would be considered a lesson learnt by DOS and proper measure taken to curb it.

[veni001]

Veni

Thanks. Here is something that caught my eye!! And this could be seriously good for all EB23IC.

Look at the eligibiity for EB13 ie. multinational manager.

　
E13 – Multinational Executive or Manager
In general, the petition must be accompanied by evidence that:In the 3 years preceding the time of the beneficiary's application for classification and admission into the United States:

1. The beneficiary has been employed for at least 1 year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof, and
2. The beneficiary seeks to enter the United States in order to continue to render services to the same employer or to a subsidiary or affiliate thereof in a capacity that is managerial or executive.

IF TRUE (A BIG IF) this means they have removed the "having worked outside US" condition. I am really surprised and can't believe this. I personally would've been eligible 6 years back. Dang! Lets discuss this. If true, this could be the ticket to a lot of backlogged managers in big US corporations.

Q,
I think that is the requirement for L1A only, and majority of the EB1C applicants enter US on L1A!