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30 March 2010

Responding to Your Comments on Visa Numbers, Preference Categories, and Spillover

This post is in response to the outpouring of comments and questions on visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog.

Preference Categories

The primary reasons for entering the immigration process in the U.S. are family and employment-based. To manage this process, family and employment-based immigration is broken into preference categories. Congress sets limits on how many individuals may immigrate to the U.S. each year (i.e. visa numbers) and also sets limits on how many individuals may immigrate within each preference category.

Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.

Per-Country Limit

Section 202 of the INA prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

The demand for visas from nationals of India, China, Mexico, and the Philippines is greater than the per-country limit and that is why these countries are listed separately in the Visa Bulletin. The Department of State (DOS) is responsible for reviewing visa number usage and determining how many numbers are currently available. You can check the monthly Visa Bulletin for more detailed information. The monthly Visa Bulletin allows beneficiaries to know where they stand in the immigration queue.

"Spillover"

The chart below shows the visa numbers that are available for each category, as well as how unused visa numbers "spillover" into other preference categories. Because we strive to use the maximum number of visas available each year, there generally aren't any unused visa numbers available to spillover.

Family-Based (FB) Categories
Visa Number Limits
Immediate Relatives
Not subject to direct numerical limitations.
1st Preference (Unmarried sons and daughters of U.S. citizens)
23,400, plus any remaining FB visa numbers
2A Preference (Spouses and children of permanent residents)
87,934, plus a portion of any remaining visa numbers from the FB 1st  
2B Preference (Unmarried sons and daughters of permanent residents)
26,266, plus a portion of any remaining visa numbers from the FB 1st preference category, and any unused F2A numbers
3rd Preference (Married sons and daughters of U.S. citizens)
23,400, plus any remaining visa numbers from the FB 1st and 2nd preference categories
4th Preference (Brothers and sisters of U.S. citizens)
65,000, plus any remaining visa numbers from the FB 1st, 2nd, and 3rd preference categories

Employment-Based (EB) Categories
Visa Number Limits
1st Preference (Aliens of extraordinary ability, outstanding professors and researchers, and certain multinational executives and managers)
28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 4th and 5th preference category
2nd Preference (Members of the professions holding an advanced degree and national interest waivers)
28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st preference category
3rd Preference (Skilled workers and professionals)
28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st and 2nd preference categories
3rd Preference (Other workers)
No more than 10,000
4th Preference (Certain special immigrants)
7.1% of the world-wide employment limit
5th Preference (Employment Creation)
7.1% of the world-wide employment limit

We hope this helps our readers better understand how the visa number process works and welcome your comments.

235 Comments:

1 – 200 of 235 Newer› Newest»
At March 30, 2010 at 12:10:00 PM EDT , Anonymous Anonymous said...

This helps a little in understanding how things are supposed to work. But it doesn't at all help in understanding how things actually are happening now, in very specific ways. I think most people who are concerned about the backlog in employment and family based green cards knows what was posted. The things most people would like to know are more along the lines of:

1. how accurate are the numbers that USCIS has posted about the current state of the backlog?
2. Why is there such a small number of cases being adjudicated in the current year? Does USCIS anticipate wasting visa numbers as it has done in past years? What steps is USCIS taking to prevent wasting these numbers?
3. How many of each category of employment and family numbers have been issued thus far this fiscal year?
4. (for my own interest) Why have the priority dates for EB3 ROW (and EB3 india and China) retrogressed, then stagnated? is it really true that there were so many applications filed in 2001-2003 that USCIS simply can't process these applications?
5. Are the estimates posted by the visa bulletin in january likely to be accurate?
6. (again for my own). I am Eb3-ROW, with a priority date of Mar, 2005, meaning I have already waited five years. Does USCIS have an estimate as to how long I will have to wait?

 
At March 30, 2010 at 12:19:00 PM EDT , Anonymous Anonymous said...

You have NOT posted any Reference for the Wasted or Un-used VISA Numbers for the past year? Can you Post that from Year 2000 on each category how many visa were issued and how many were NEVER used?

Please Bring and Accept your Mistakes also.

 
At March 30, 2010 at 12:26:00 PM EDT , Anonymous GC-EB-india said...

Respected USCIS Director,
I am an EB2-India. I think I speak for the majority of EB - India and China, when I say this.
I appreciate the effort you are taking to communicate with USCIS customers, however, I would like to point out some things.
1) We already know what you have posted in this
blog entry in and out! In fact, most of us,
can write this entry. Our questions were
never about how the visas are allocated.

2) What we would really like to know is, if there would be a way to provide relief of some kind to the people stuck in the long backlog. It could be anything from giving EAD cards after I 140 is approved, or allowing people with I 140 approved to change jobs and employers.

3)Please tell us if something like what these two eminement immigration lawyers propose is feasible.
http://www.cyrusmehta.com/news.aspx?SubIdx=ocyrus20103925436


Thank you for your response, but the answers to the above three questions are what would really help us.

 
At March 30, 2010 at 12:35:00 PM EDT , Anonymous Anonymous said...

How on earth does visas gets wasted/unused????????????

 
At March 30, 2010 at 12:35:00 PM EDT , Anonymous Anonymous said...

This is a direct copy paste from normal visa rules, We want answer for Visa Recapture, We want answer for around a million of Legal immigrants who are tax payers here in the USA waiting for just PD to be current for AOS, they are treated like new H1Bs in workplace, and when they extend their visas as per abjudicators fancy they extend it or deny it What is the Answer for that USCIS?? Allow all I-140 approved Employment Based cases espeically EB2 & EB3 to apply for their AOS immeterial whether they have PD current or not, other wise stop this blog please. We do not want idiosyncrosises and foolishness to be reflected here.

To Readers of this blog.

Did any of you commenting here really expect anything else? If USCIS were even halfway competent we wouldn't have this mess. Think about it for a moment. They either know or should know that their massive AOS backlogs are a direct result of their inability to provide the Visa Office with accurate "demand" number. Why haven't they bothered to collect PD, preference, and chargeability information for all AOS cases filed, when they are filed? I mean, how hard can that be? They either don't understand the significance of this data or they just don't care. Most likely, it is both.

 
At March 30, 2010 at 12:38:00 PM EDT , Anonymous Anonymous said...

Hi,

You have posted the same information which is already available on USCIS website. This cannot be taken as a response for "comments and questions on visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog".

What we would like to hear from you is any ideas or changes which can be done by USCIS (within its limit) to ease the current backlog situation and also about reusing the wasted visa's over the years i.e., only if you are serious about how you are impacting the lives of countless people stuck in this immigration system.

Nothing is impossible---In the same way i believe USCIS can work through to ease the pain/suffering of people who are stuck in this tunnel (with no end).

Atleast as a interim solution pls allow people with approved 140 to file their I-485/EAD's so that they can have the ability to switch employers.

 
At March 30, 2010 at 12:45:00 PM EDT , Anonymous Anonymous said...

OK, this blog post from USCIS just reposted what is already known.

There is absolutely no discussion or addressing of grievances or solutions to the current mess in EB3 category for nationals of India or China.

So are we supposed to wait another 20 years after already waiting 5 to 10 years in the EB3 green card queue?

So are we going to be stuck in limbo all our life where by we:

- can NOT change jobs
- can NOT move freely
- can NOT buy property because we don't know what will happen tomorrow
- can NOT send our HONORS student children to top universities because they have to pay foreign student fees
- can NOT open businesses
- can NOT enjoy freedom because we slave of one employer forever that applied for our green card
- can NOT realize our American Dream.

So we have to just keep quiet and just keep enduring this slavery, injustice, and stress for another 20 years or so.

What crime have we commited that we have to endure all this?

We LOVE USA, we respect its laws, we pay our taxes on time, and we are so desperate to become part of main stream America.

Our families are suffering way too much.

Can someone really address our issues PLEASE?

We are BEGGING FOR HELP.

PLEASE HAVE MERCY ON US.

May be HONORABLE PRESIDENT CAN PARDON US?

WE ARE WILLING TO PAY ANY FEES OR FINES IF THAT'S WHAT IT TAKES.

PLEASE HELP US.

THANK YOU FOR LISTENING.

WE ARE HOPING FOR SOME ACTION AND HELP, PLEASE.

GOD BLESS AMERICA AND AMERICANS.

 
At March 30, 2010 at 12:52:00 PM EDT , Anonymous Anonymous said...

The information on the comment is not NEW. They are available in Every visa Bulletin.

We thought this forum is designed to provide solutions not repeating something like CNN news channel.

Put forward a solutions for the problem listed
1. Why can't allow all the application to file for change of Status and wait ( Apply for EAD and AP) wait for the Visa Number until DOS issue one?

2. Why can't you allow to count only primary for the Visa Allocation?

3. Why can't you make the H4 visa (Dependent) Something like L2 Visa where they can work on EAD?

4. Why Can't you put the Chart on monthly basis of USED VISA Number per category to know the current and future prediction?

5. Why can't you provide the Age Old Statistics of USED Visa Number per category and Number of Un-USED Visa Numbers?

6. Why don't you eliminate the Concurrent filling and allow only Approved I-140 Visa application to File For change of Status?

7. Why it is difficult to get the Total Pending Applications at REGIONAL Offices?

8. Why USCIS is delaying in responding to RFE?

9. Why USCIS is not allowing individuals to proceed with Voluntary NAME CHECK and FINGER PRINTING with a PRICE? To Expedite the processing.

 
At March 30, 2010 at 12:53:00 PM EDT , Anonymous Anonymous said...

Stop begging people... This country is not land of immigrants any more.. non-Immigrants are considered LABORERS!!! They think we will steal their jobs, they are forgetting we will be future job creators.

FOX Business already made this a big news saying Skilled immigrants leaving USA. We will soon too...

The response you gave us, we can find that in USCIS, we are not unskilled workers, we are IT Profressionals

DESIGN YOUR USCIS WEBSITE WITHOUT THE HELP OF EVEN ONE IMMIGRANT - THEN WE WILL SALUTE YOUR SELF DENPENDENCY AND LEAVE HERE.

 
At March 30, 2010 at 12:55:00 PM EDT , Anonymous Anonymous said...

RULES ARE MADE BY THE PEOPLE FOR THE PEOPLE TO THE FAVOUR OF PEOPLE...

NOT BY USCIS FOR USCIS AND TO FAVOUR USCIS ONLY.

 
At March 30, 2010 at 12:56:00 PM EDT , Anonymous Anonymous said...

Attention: Mr Alejandro Mayorkas

In this complicated world that we live today in 2010 the motto should be to SIMPLIFY SIMPLIFY SIMPLIFY!!!

Towards that goal here are the suggestions:

1. Adopt a YELLOW CARD system [I have chosen the color "Yellow" because Yellow comes before Green, and it will be a sign of deliverance in sight for all the numerous people who are stuck in the Red light of Backlog. If Purple happens to be your favorite color, by all means choose that. [Blue is already taken by the smart folks of EU, so that's out]. In any case color is immaterial [though Yellow would be very relevant here ;-)] it is the concept that is important.

Criteria for YELLOW card:

1. Accumulation of ten points by one of the following paths:

a)1 point for each year of legal stay.

b)5 points for an advanced degree from US

c)5 points for US citizen/PR relative

d)5 points for investing $250,000 towards~ i)purchase of a foreclosed/short sale home and/or
ii)investing in a US based business and/or
iii)investing in a health care facility

e) Investment of 1 Million or $500,000 [in rural or the TEA, designated areas or high unemployment].

The YELLOW card applicants would need to pay a Y-card fee of $1000. Only the principal applicant will have to pay [not the derivatives]. Upon payment or the fees and meeting the eligibility criteria, the Y-card will be processed in 60 days or less. Y-card will serve the purpose of work authorization and travel.

IMMEDIATELY start processing the Y-cards, adopting the FIFO policy [First in - First out].

Mr. Mayorkas: are you willing and capable of implementing this and be a part of the SOLUTION and go down in history of Immigration as a dynamic leader and forever have a place in the hearts of thousands of thankful individuals?

 
At March 30, 2010 at 12:56:00 PM EDT , Anonymous Anonymous said...

DOES USCIS KNOW THE MEANING OF AMENDMENTS?

 
At March 30, 2010 at 1:05:00 PM EDT , Anonymous Anonymous said...

Hi,

Why are you providing same copy of information that already people have about visa classification and availability?

For us non-immigrants life in US is getting worse due to visa rules and attached with only one employer. We are not getting promoted because silly rules in getting Green Card. WE ARE LIVING in US LIKE a PERSON LIVING in PRISON.

Why don’t you give us EAD after I140 approval? You will get enough money from that and on the other hand we will be relaxed. Of course you are going to generate same revenue on EAD/Travel Document renewal every two year.
After getting EAD, people will change mind and start to expend money on Housing and new cars that will help to boost US economy.

If US may give legalization to illegal then why not give at least EAD to legal people who pay taxes without getting any benefits from that

 
At March 30, 2010 at 1:08:00 PM EDT , Anonymous Anonymous said...

Fines? For what?! Good heavens people, wake up and make a stand against Bigotry. Yes, that is what is at play here. There you have it: the "White elephant" which no one ones to acknowledge and face.

Just examine how did the backlog happen in the first place?

1. There was a shortage of qualified and skilled US workers hence that shortage was filled by people from other countries.

2. Mainly from Asia [India and China, mostly] since there are a lot of talented, intelligent, educated and hardworking people from there].

3. After bringing them here, they were made into intellectual slaves. They are enduring this year after year, chasing the carrot of GC that has been dangled before them.

4. Since their minds are engaged in productive and intellectual pursuits, they haven't paid much attention to lobbying and finding a way out of this priority date mess.

5. Also, it seems they are a meek and humble lot, given their cultural backgrounds, apparently. One is even talking about paying fines. Fines for what?! For leaving their country and loved ones behind, uprooting their lives and coming here lured by the promise of freedom and better lives. And, for Contributing towards this society day in day out?

Good grief people. WAKE UP AND MAKE A STAND!

 
At March 30, 2010 at 1:10:00 PM EDT , Anonymous Anonymous said...

Could USCIS please provide the number of visa used per month or quarter based on application’s category and country?

 
At March 30, 2010 at 1:12:00 PM EDT , Anonymous Eva said...

What you just posted is nothing new to me. I wake up every day thinking about my situation, and the fact that my family is falling apart because of your (archaic) rules. How naive was I when my attorney/employer promised that I would have the GC in two years, now that time has passed, my savings are gone and my husband (US Master's degree candidate) might have to leave the US and find a job somewhere else. It just baffles me, if I have an approved I-140, why cannot we get EADs? Why cannot an H4 holder work? Be realistic and do something according to the circumstances, we are desperate here. Coming to the US was our dream, now it looks more like a nightmare.

I want a solution. We, the legal immigrants want a solution! Do us a favor, and stop posting data that we already know.

A solution. Now. That's it. Thank you.

 
At March 30, 2010 at 1:19:00 PM EDT , Anonymous Anonymous said...

This is a step in the right direction, but I'm sorry to say that you have not answered any of the questions. I don't want to repeat the questions because some of the comments prior to them summarizes them.

Thanks for making an effort to answer our questions though.

 
At March 30, 2010 at 1:24:00 PM EDT , Anonymous Anonymous said...

This blog post is nothing but just reiterating what we already know.
What we want to know is whether you can do any thing to change these rules a little bit which can give us some relief such as
1) NOT COUNTING THE DEPENDANTS AGAINST THE QUOTA.

 
At March 30, 2010 at 1:24:00 PM EDT , Anonymous B said...

Dear USCIS Director & Team -

I am writing this to you with a deep frustration. Your answers are not at all a great news for us. It is well known rules to every one of us. It took more than 10 days for USCIS to find out the rules (I suppose you are following). Well Done !

Do you mean, Indian's and Chinese need to wait 15 to 20 years for getting their permanent residency?

If you say, nothing is going to improve in getting permanent resident in less than 3 years of an application, shouldn't you consider to stop accepting I-140 application from Indian's and Chinese until all the backlog are cleared? If you cannot commit some one when a person can get his RB green card, why are you accepting application?

DIRECT COMMENT TO YOUR ANSWERS:

(1) You haven't answered about the law (specifically) that is preventing from accepting AOS application who have got approval of I-140.

(2) Also, which law prevents USCIS from counting only primary applicant of I-140 towards EB green card visa number.

(3) You didn't mention about the estimated time for any one to get permanent residency (EB based green card). Is that hard to derive a logic and implement into your system and inform the applicant about tentative time to get his/her permanent residency (assuming if all the bureaucratic process clears everything). It is hard to digest if America's federal agency cannot implement such a simple logic in their system.

 
At March 30, 2010 at 1:28:00 PM EDT , Anonymous Anonymous said...

One day America will pay for this ignorant mistake... We are here legally, you are the one opened the gates in 1999 and 2000 to fill the need of Y2K problem, if US can do that, then they should atleast have common sense to increase the immigrants visa's in the following years relatively the same way. NOW IT"S A TITANIC SHIP.

YOU ARE WATCHING UNTIL THE WATER HITS YOUR FEET, THEN REALIZE WOMEN AND CHILDREN FIRST ....

TELL ME ONE REASON WHY H-4 CANNOT WORK WHEN A J-2, L-2 CAN WORK WITHOUT ANY PROBLEM.. WHAT MAKES THEM SPECIAL, WE HAVE BACHELORS DEGREE AND WORK HARD THE SAME WAY THEY CAN.... WHAT ARE THEY DIFFERENT FROM US. WHAT A DISCRIMINATION .....

 
At March 30, 2010 at 1:32:00 PM EDT , Anonymous Anonymous said...

This blog post is more of an auto-reply than anything else. Didnt people already not know this? Are these our taxes and fees at work? Is this a statement from the Land of Free? Is this how Land of Justice operates? I have never seen a more opaque system. Everyone in world claims that my country, India, is full of red-tape. Immigration system of US is worse than red-tape bureaucracy of India. In fact, there are no words to qualify or quantify american immigration red-tape. Like quite a few immigrants, i have been here in US for almost 10 years. And these 10 years have been the most miserable of my life. My career is in ruins 'cause of my mistake in believing US was the land of opportunity. Every day, yes every day, i have to bear harassment at work 'cause my company knows i cannot leave the job. They have tried to defeat me mentally, but i will not accept this. I am ready to quit US. But whoever is coming to us, i want to let them know that US is no longer land of opportunity. It is land where immigrants come to become slaves.

 
At March 30, 2010 at 1:34:00 PM EDT , Anonymous Legal Immigrant said...

WE NEED CLARITY, WE NEED INFORMATION, WE NEED C-H-A-N-G-E!! USCIS, please provide us with more useful information than stating what we are already aware of. We have read your immigration laws, your by-laws, your rules, your regulations and we COMPLETELY understand ALL OF THAT INFORMATION. What we are seeking is how many visas are being issued each month, each quarter, and specifically how many are used in this Fiscal Year. We need to know how long we have to wait even to get our GC's/file for AOS since our careers are stuck, our families are suffering, we are on the edge of foreclosing our homes, which will only add to the mess that already exists. PLEASE, PLEASE, PLEASE provide us more details on what we are asking for than just providing the same rules & regulations. WE NEED TO KNOW how USCIS/DOS interprets/implements these rules. GOOD BLESS YOU ALL, PEACE!

 
At March 30, 2010 at 1:34:00 PM EDT , Anonymous Anonymous said...

Abandon hope, all ye who post here. :-)

Seriously, the problems encountered by all us applicants can be traced to the unaccountability of USCIS. USCIS answers to no one. So, we can all rant till the end of time but USCIS is not legally obligated to address whatever concerns we may have.
You can't sue USCIS. And USCIS makes the rules. They can change the rules anytime to suit their needs.

USCIS already has all the comments and suggestions from the other thread. If they really want to, I mean _really_ want to, they have all the information they need to improve their processes and subsequently, address our long pending applications.

All of us applicants should just do ourselves a favor and not waste any more of our time on things we have really no power to affect.

 
At March 30, 2010 at 1:39:00 PM EDT , Anonymous Anonymous said...

By posting this information they are saying that we are giving numbers according to law set by congress.. They are also hinting that our hands are tied and we cannot do anything... The only answer they have to answer now is

1) Are you going to make any administrative policy change and bring back all the Wasted Visa number and allot them to the EB catogeries. Is this in your hands or in the Congress Hands?

2) USCIS ,the organization going towards Transparency, are you going to release the Visa numbers available for EB and FB allocation every Q.

3) How far are you to open up all EB categories to pre apply 485 and provide EAD if 140 approved.

 
At March 30, 2010 at 1:42:00 PM EDT , Anonymous Anonymous said...

Mr. Mayorkas: With all due respect Sir, this adds insult to the injury. What do you think we are? High school drop outs? Or, individuals whose brains have gone to mush by alcohol or smoking pot?

Please show some respect and don't insult our intelligence.

You have not provided anything new. Nor have you responded to any of the issues raised here and neither have you stated that you will work towards a solution.

If you are not capable or willing to make a change and take a step in the right direction, do not waste our time.

 
At March 30, 2010 at 1:42:00 PM EDT , Anonymous Anonymous said...

Can USCIS post the number of GC visas they are approving every month just like the visa bulletin ? There is absolutely no transparency in the process. An organization has to be accountable for its lack of efficiency which has wasted visas over several years and caused immense hardship, mental anguish and torture for people waiting in line to get approval.

 
At March 30, 2010 at 1:44:00 PM EDT , Anonymous Anonymous said...

Dear sir,
I have a story to share, hopefully this might be an eye opener to some law makers.

One of my friend's husband used to drink and torture his wife. She was on H-4 for 4 years and still as far as i know she is still there at home. She is a gradute from a top college in their country. What type of freedom do they get? Her spouse doesn't want to spend any money on her future education nor file her H1??

When an average L2 or J2 or O2 can start working as manager or something else...

 
At March 30, 2010 at 1:48:00 PM EDT , Anonymous Anonymous said...

Honorable USCIS Director,
We came to US 9 years when our child was 3 years old. We filed our I-485 4 years back (EB2-I). A person who applied for I-485 with us not from India has GC and will be eligible to apply for citizenship in 6 months time while we are still waiting for our GC.

We are worried about our child. Our child has represented our state in National Competition and will soon be eligible by merit to represent in international competitions. Please consider 5years from the I-140 approval date towards the the citizenship instead of LPR approval date. It will help students like our child. I am sure many children are in this limbo.

Thank you!

 
At March 30, 2010 at 1:50:00 PM EDT , Anonymous Anonymous said...

To answer the question as to how visa numbers get wasted. Per the law noted in this blog post. There is an annual limit on the number of permanent residence immigrants for each year. So the department of state sets the priority dates and it is the responsibility of USCIS to process the numbers of applications to be sure that all the visa numbers are used and to inform department of state when priority dates need to be moved.

As well, USCIS is supposed to be pre-adjudicating these cases- cases are supposed to be adjudicated within 180 days of application, so given that the current priority dates are between 2001 and 2003, it should simply be a matter of awarding the applications as they become available.

SHOULD.

In fact, what happens is that USCIS processes these applications very slowly, and so every year, they issue far fewer permanent residences than they are allowed to by year. The extra visa numbers do not "carry forward". Rather, they are simply wasted and the next year we start from scratch, with more slow processing.

So, for example, there are supposed to be issuing 140K employment based permanent residence per year, but in fact they issue fewer of them because they process very slowly and don't give department of state good information about what the priority dates should be.

Very frustrating. i am "lucky"- my application is only five years old, and, if current trends continue, I MAY possibly get my application approved sometime in the next two-five years. So, that's only seven to ten years of uncertainty, vulnerability, and the inability to make long-term plans for myself or my family. My colleagues from India and China have a much longer wait than me. I don't know how they do it. But I DO know that the 7-10 years of my life this is costing me is really unpleasant. Especially when I know that, if USCIS was processing applications as they should be, I'd already be a permanent resident and would have moved on with my life and not be scanning the USCIS blog daily, in the vain hopes that there would be some kind of resolution to this netherworld I live in.

 
At March 30, 2010 at 1:58:00 PM EDT , Anonymous Anonymous said...

Dear USCIS blog team:

People were asking why this vehicle
is so slow and not moving at all sometimes but your answer is "The
car has four wheels, an engine, a
break, and a gas pedal".

 
At March 30, 2010 at 2:01:00 PM EDT , Anonymous Anonymous said...

I don't know how you have the gall to call this a "response to the outpouring of comments and questions on visa number usage, spillover of visa numbers into other preference categories, and the visa number backlog."

I don't believe anyone even asked what the Visa Classifications are, their subcategories and how many visas are available to each sub category. Nor did they ask for an a regurgitation of the per country limit language or (an exceptionally incomplete) description of Spillover.

Everyone is painfully aware of these numbers and the current practices.

Your response is an affront to the intelligence of the people who chose to reply.

In fact it is worse. You have shown a callous disregard for the real problems that people face - and in turn the people themselves. You have not even addressed the questions asked, let alone discussed any solutions.

Your reply is truly, truly PATHETIC.

 
At March 30, 2010 at 2:08:00 PM EDT , Anonymous Anonymous said...

When EB1 and EB2 ROW demand is so low. Why USCIS/DOS is waiting so long for applying spillover? In past spillover was applied in April. There are thousands of EB2 India and China candidates are dying for Green Card. Why USCIS is wasting visa?
Law has clear guideline, unused visa in any quarter, should spillover to respective retrogressed categories without any per country limit. Why USCIS/DOS wait for last quarter to spillover???

 
At March 30, 2010 at 2:40:00 PM EDT , Anonymous Anonymous said...

This must be some kind of April fools joke!!
But wait again, this is the USCIS we are talking about!!!

Come on Mr Mayorkas, and the rest of the team. Please come up with some real world solutions to solve the problems caused by the backlogs of EB3 & EB2 !!

Come on guys!!! HELP!!!

 
At March 30, 2010 at 2:43:00 PM EDT , Anonymous Anonymous said...

Why has spillover changed to Eb1->Eb2->Eb3. Earlier it used to Eb1->Eb2 and Eb1->Eb3. Applicants in both categories are experienced. In fact in most of the cases people in Eb3 are more experienced than Eb2 since they have been working all along as compared to applicants qualifying as EB2 based on their Masters degree. In a country where Bill Gates, Michael Dell and some of the other top people who never did BS, it is unfortunate that INS is now giving preference to people who have wasted their time doing MS/MBAs. If INS wants to change, so be it. But than, why cant Eb3 automatically convert to Eb2 when they have attained the minimum 5 years of experience. These rules seem to come right from some 3rd world country law book.

 
At March 30, 2010 at 2:55:00 PM EDT , Anonymous Anonymous said...

Dear Mr. Alejandro Mayorkas,
Greetings!!
Firstly, we would like to congratulate the administration for taking the right steps by changing the USCIS website and making detailed information available to the applicants. We would like to also thank the administration for proactively working on pending I-485 cases and pre-adjudicating them.
We are writing to get clarification regarding the law that control the unused VISA numbers falling across / fall Down to other countries. Looking at the VISA date movement in every last calendar quarter in the past few years, it made us believe that Visa usage by USCIS is not using 140K/4 = 35K minimum per quarter and Maximum of 37.8K as per section 201 (2). And Fall Across / fall Down to other countries is followed by USCIS is yearly and not quarterly.
The law being referred as defined in Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
Sec 201 (2) says for employment-based immigrant number not to exceed in any of the first 3 quarters of any fiscal year 27 percent of the worldwide level.
(3) Exception if additional visas available. - If because of the application of paragraph (2) ....
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of .....
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In .....

Our interpretation of the Section 202(a)(5) of the Immigration and Nationality Act states that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a *calendar quarter*, then the unused numbers may be made available without regard to the annual “per-country” limit.
We feel that *quarterly Visa Usage of minimum 35K as per Sec. 202. [8 U.S.C. 1152] helps* both the administration as well as the non-immigrant aliens as followos.
By using 140K/4 = 35K minimum will benefit administration by:
1) Steady VISA movement will increase visibility for the administration and in turn will help administration to better forecast forward movement of VISA dates.
2) Spill-over when issued quarterly, effectively reduces/minimizes chances of visas wastages as the burden is not pushed at the end of fiscal year.
3) Balanced workload for the immigration officers and card issue helping USCIS to better
4) Manage efficiently, as Spill-over is divided in 4 quarters, rather only in last calendar quarter (July – September).
5) Spill-over when issued quarterly means saving administrative effort, time and money in processing EAD, Advance parole applications for the petitioners who may get GCs as much as 9 months earlier and who are having close Approval dates.
6) Effective forward movement of VISA dates will give opportunity for potential applicants to file I-485 earlier, which in turn will bring steady new workload to administration.

By using 140K/4 = 35K will benefit Applicants by:
1) Existing applicants potentially will be able to get their permanent residencies 6-8 months in advance.
2) New petitioners will be able to file their I-485, EAD and AP sooner due to Forward movement in VISA dates.
3) Streamlined VISA movement helps retrogressed Applicants effectively estimate their approval dates to plan their future appropriately.
As explained above by following quarterly Fall across + Fall down process as defined by law will be beneficial for both administration and applicants. We would appreciate your kind clarification/action on implementation of this existing rule.
Thank you!!

Sincerely,

 
At March 30, 2010 at 2:56:00 PM EDT , Anonymous Anonymous said...

My priority date is November 2002 and the current priority date for my EB3 category is December 2002. In three days, the current priority date for the same category will be February of 2003. But still I have not even recieved a notice.

 
At March 30, 2010 at 3:04:00 PM EDT , Anonymous Anonymous said...

May I point out that neither USCIS, nor the U.S. are in any obligation to accept the dissatisfied commenters above. You have chosen this road, so bear with it.

 
At March 30, 2010 at 3:12:00 PM EDT , Anonymous Anonymous said...

Please respond our questions instead of presenting all rules. Don't disappoint us again, again and again.....

 
At March 30, 2010 at 3:51:00 PM EDT , Anonymous Anonymous said...

You did not answer our questions!

We asked about 2 things:

1) What is the real pending inventory? Because the numbers you have published are bogus. According to DOS you guys are hiding 1/3 to 2/3 of unreported 485s in district offices which are not reflected in your reports.

2) Will you consider changing your interpretation of the the INA 245 provisions allowing dependents to be excluded from the 140,000 yearly quota? This does not require legislation but just administrative policy changes on your part, as laid out in the Mehta-Endelman paper:
http://cyrusmehta.blogspot.com/2010/03/re-defining-immediately-availabile-to.html

 
At March 30, 2010 at 3:54:00 PM EDT , Anonymous Anonymous said...

As you can see from the overwhelming number of responses that you did not answer our questions. If you continue in this manner, then you will leave us no choice but to file multiple massive class action lawsuits. I would hope it does not come to that.

 
At March 30, 2010 at 4:16:00 PM EDT , Anonymous Anonymous said...

I don't believe that USCIS came out with this answer to all the posts posted here for last 1 month regarding backlogs in employment category and people asking for change and amendments.

Please look at the quality of the questions and then the quality of the answer.

It will justify the need of having immigrants in this country

 
At March 30, 2010 at 4:27:00 PM EDT , Anonymous Anonymous said...

There is a fundamental flaw in the current rule.
Employment based category EB2-EB3 are mostly result of H1Bs and L1Bs visas where there is no per country limit,so the per country limit should be in porportion to visa issued per country in these categories or visa restriction per country should be same as EB2-EB3 rules. This is the root cause which needs to fixed i.e. align these H1B visa per country and EB2-EB3 per country allocation.

 
At March 30, 2010 at 4:59:00 PM EDT , Anonymous Anonymous said...

Does USCIS care regarding EB-I I-485, for last 6 years it has moved only 3 months back and forth. when will this change. Can USCIS not fix this before accepting new cases.

So Please approve more EB3-I cases that will help. When will the queue end for EB3-I, if they are not approving it. what is this category doing in immigration, for wasting time and resource available.

 
At March 30, 2010 at 5:01:00 PM EDT , Anonymous Anonymous said...

JUSTICE DELAYED IS JUSTICE DENIED.

THIS IS AMERICA AND THIS IS 2010.

THE WHOLE SYSTEM HOWEVER IS RETROGRESSED IN THE YEAR 1950 [OR 1900?!!]. ANYWAYS A BIG LEAP FORWARD IS NEEDED.

NO MORE TINY INCREMENTAL OR COSMETIC CHANGES.

SINCE THE BACKLOG HAS BEEN CREATED DUE TO LACK OF FORESIGHT, INDIFFERENCE, NEGLIGENCE AND GROSS INCOMPETENCE PLEASE MAKE A POLICY CHANGE AND IMPLEMENT THE "YELLOW CARD".

PLEASE ADMIT YOUR FAULT AND ACCEPT RESPONSIBILITY. LET US ABOLISH BIGOTRY AND ABUSE.

PLEASE INITIATE A CENTRALIZED YELLOW CARD PROCESS. ONLINE APPLICATION BY PAYMENT OF $1000 FEES BY CREDIT CARD. PROCESSING IN 60 DAYS OR LESS.

AND LAST BUT NOT LEAST, PLEASE BE HUMANE AND NOT A BRICK WALL.

 
At March 30, 2010 at 5:17:00 PM EDT , Anonymous Anonymous said...

Improvement to Employment based immigration in USA is not going to happen any time soon. I strongly suggest enslaved people to cross the bridge to Canada. Don't wait for Moses.

 
At March 30, 2010 at 5:31:00 PM EDT , Anonymous Anonymous said...

Dear director,
While current rules and policies limit USCIS ability to approve green cards for EB categories, there is a huge opportunity to deal with this situation. In this economy uscis also needs to work in creating more jobs and provide environment for recovery of american economy.

Here are some areas.
1.Approve the primary 485 applicant that will move the Priority date of visa bulletin forward and permit you to get more new applications. These primary applicants are potential investors in business/real estate.Average wait time due to this visa bulletin dates is around 10 years which is unreasonable.

2.Provide a combined Biometric EAD/AP card (light green card) for work and US entry/exit. This will facilitate real identification system and illegal employment.

3.Allow people to submit their 485 even when Priority dates are not current. This will help employees move between companies forcing companies to hire more employees.


Explore the rules/laws to see there are any loop holes to exempt the depdendents being counted against visa numbers.

By doing the above you will not only encourage job growth but also provide a good revenue stream for good functioning of USCIS

 
At March 30, 2010 at 5:38:00 PM EDT , Anonymous Anonymous said...

There is nothing new in your response. It would give us an accurate picture of where we stand in the line and how long it will take for us to get our green card if you could publish the number of visas used along with the CORRECT number of pending applications (including from the field offices and CP) ever quarter.

 
At March 30, 2010 at 6:28:00 PM EDT , Anonymous Anonymous said...

This is nothing new. We need concrete information on the backlog that is at your district offices. As a previous poster indicated, this is just a copy and paste and no meaningul information is being provided. Thanks anyway.

 
At March 30, 2010 at 6:31:00 PM EDT , Anonymous Anonymous said...

Seriously?

 
At March 30, 2010 at 6:53:00 PM EDT , Anonymous Anonymous said...

Director,
Please stop this unfair process. None should wait in line for 10 years to get a green card. may be you shouldnt accept applications from people if you cant deliver a green card in one or two years.
From customer perspective, this is a ripp off. Its just like any other fraud - taking money from you every year for renewals etc etc.
Please, we are just like you ; a graduate engineer or a manager and we have gone through university and college Think about us before you jump into supporting undocumented immigrants. Before setting up those lock boxes, please please let Obmada admin knows it is unfair to work against ones who played by the rules.

Please dont hold us hostage to justify a CIR bill. waiting for your mercy atleast in the form of administrative fixes.These people have no lobbies and they are helpless.

Sir, please be the one for a real change.

 
At March 30, 2010 at 7:10:00 PM EDT , Anonymous Anonymous said...

Root problem is the per country quota system in EB VISA allocations. While admitting H1B /L-1 VISA for foreign national employees their is no per country restriction why we need per country restriction when same folks come into the EB immigrant VISA queue???...this is the root cause of the EB backlog problem and need to be addressed either by admin fix or change in the legislation. Its unfair EB-2 /EB-3 folks from india/china has to wait longer than folks from the RoW countries...it is unfair and discriminatory. Hope USCIS and US congress address this unfair rule in the employment based immigration system.

Following 3 suggestions will help get some relief:

1. Dont count dependents towards EB VISA numbers.
2. Remove per country quota system in the EB VISA allocations.
3. Recapture lost EB VISA numbers in the past by admin fix or legislation.

Hope USCIS brings in this CHANGE as promised by President Obama during election campaign.

Thanks.

 
At March 30, 2010 at 7:18:00 PM EDT , Anonymous Anonymous said...

I feel like this blog is interactive. Your are just showing us the rules that most of the poeple are aware of and also mentioned everywhere. We are really not looking forward to know the rules. Most of the questions here are how can we change these stupid rules to make the system better. I guess none of the question is answered by your response. Is this USCIS definition of real INTERACTION with their customers (cash cows)? Mr. Director, looks like the blog is not serving its purpose for which it has been designed.

 
At March 30, 2010 at 8:06:00 PM EDT , Anonymous Anonymous said...

Mr Mayorkas,

We need solution and not to explain the problem.

We spent money on this system and ready to contribute to the welfare of this country.

There should be a difference between developed country like US with other underdeveloped country.

The way you guys work, doesn't add any value to this country.

Stream line things, if you want to reject all the EB petitions, please go ahead. Atleast we will know the result and go back to our home country and try to contribute more there. Instead please dont waste our time with your broken immigration system.

If this continues, i am sure most of the talents will go back to home country. Anyway that is what you want, at the end of it.

 
At March 30, 2010 at 8:56:00 PM EDT , Anonymous Anonymous said...

Yiu gave us this possibility to express ourselves and ask you questions to clear our situation. I think what you are doing is just to wasting our time. Do you think we are stupids??? Please, give us solutions. At least, consider all the money and time we already invest. Do not make us feel morons.

 
At March 30, 2010 at 9:59:00 PM EDT , Anonymous Anonymous said...

I'm reasonably hoping I can get my Social security and Medicare back after so many years working in America and will never become a permanent resident in such a ridiculous backlog. I need them back for my future retirement when I'm old and weak. That's what Social security and Medicare means, right?

 
At March 30, 2010 at 10:02:00 PM EDT , Anonymous Anonymous said...

I would like to hear from USCIS on the following:

a) As per your rules on country limit etc, some EB3 employment based applicants will have to wait for as long as 25 to 30 years to get their green card. Is working for the same employer on the same job, not able to travel out of USA for vacation etc (since Advanced Parole is for emergency purposes only) not a form of slavery ?

b) Does USCIS agree that it has wasted visa numbers in the past (from year 1996 till 2006). If yes, can USCIS commit on this forum how many visa have been wasted ? Why are you silent on this ? Can we hear what your stance is on this issue of visa recapture.

c) If there is a limit of 65000 H1B visas per year, 65000 principal applicants come into USA and another 65000 (or more less) dependents come into USA as well. Why then 140,000 visa numbers for EB based green card counts principal + dependents and not principal applicants alone.

You are kind enough to remind us that we can guess our wait times. But if as per your calculations, the wait time will be another 25 years of wait (over and above the 10 years already spent in USA), what is the solution USCIS has for us ? Is USCIS willing to go to the President and request for an executive order ?

Thanks

 
At March 30, 2010 at 10:09:00 PM EDT , Anonymous Anonymous said...

Sir,

I don't think INS is totally responsible for the problem. But If you really wanna help us then please tell us how many visas are left for 2010 EB by each category? If not please reply NO and don't waste anybody's time.

Thanks in advance.

 
At March 30, 2010 at 11:29:00 PM EDT , Anonymous Anonymous said...

Thanks for the information that's common knowledge. We didn't need this blog to inform us of the rules. Can you tell me how to formulate when I will have the chance to file for my green card? Eb3 Row PD 28 Jan 2008? Two years? Three years? I will be here for 13 years . Why bother with a green card? Just keep jumping from one visa to another.

 
At March 30, 2010 at 11:58:00 PM EDT , Anonymous Anonymous said...

Dear Sir,

Please pardon the arrogance of some of the people who commented on this blog. Most of them are very frustrated with the situation they are in. All these people including me would request the USCIS to do something about clearing up the current backlog state. As indicated in some of the comments, the wait for a GC is upto 10 years for some of us. This is very unfair. There are so many intelligent people within USCIS that can help finding a solution to the backlog issue. Please find a solution and help us out of the situation.

Thank you.

 
At March 31, 2010 at 12:12:00 AM EDT , Anonymous Anonymous said...

Dear USCIS.
You havent answered any of the questions we had posted!!

THIS IS A BIG ISSUE FOR US!!! PLEASE GIVE US ANSWERS!!!

 
At March 31, 2010 at 12:22:00 AM EDT , Anonymous Anonymous said...

The most suffering category is EB3, the dates don't move and now according to the new calculations, it will take another 20 years to get Greened(already 5 years since I-140 approved) I think by that time, many applicants will be no more. So, I request you to do something.

 
At March 31, 2010 at 1:27:00 AM EDT , Anonymous Anonymous said...

Dear Mr.Mayorkas,

How certain multinational executives and managers are different from H1B holders from Permanent residence perspective ? same goes for their dependents. If L2 visa holders can work why not H4 holders ?

Thank you.

 
At March 31, 2010 at 3:39:00 AM EDT , Anonymous Anonymous said...

With millions of Americans and Green Card Holders unemployed, why do we need additional foreign workers? We should have a moratorium on employment based greencards.

 
At March 31, 2010 at 7:49:00 AM EDT , Anonymous Anonymous said...

I think USCIS got carried away and decided to join the online blogging community. If they really had the extra time on their hands to be reading comments on the beacon then they should have time to process applications. To put this mildly, employment based backlog is a money making machine for almost everyone. Financially there is no incentive to clear the backlog. For the US government its a great scenario to have people paying taxes, people that will not qualify for many benefits reserved for permanent residents and citizens. Immigration law is big business. USCIS employees have job security for the next few decades.... need I continue?
I empathize with the people who feel like their lives are on hold because of the green card wait. There are many other countries in the world that will gladly welcome educated people. As much as the US can be a humanitarian place, it does not apply to employment based immigrants.
If it helps at all, at least be thankful for the experience and the chance to have worked here for the years that you have. If the american dream has turned into a nightmare then it may be time to seriously consider moving. It may not be easy since many people have started families and built their life here, but what needs to be done needs to be done.
Clearing the backlog is not a difficult thing if USCIS really wanted to clear it. But if I have learned one thing in over 14 years of living here, it is that when something that seems like common sense is not getting done, there is someone making money from the status quo. So until we can figure out a way to make clearing the backlog, financially lucrative, things are going to keep crawling along.
We must all find ways that are independent of a green card to enjoy and make the best of our lives. Let us be thankful for the things that are going well.

 
At March 31, 2010 at 8:14:00 AM EDT , Anonymous Anonymous said...

Thank you for trying to show us (GC waiting people) how the numbers are allocated. However, as many commenters wrote, most of us know this already.

I am EB3ROW who cannot see how long I need to wait more, like most of us don't. Everyone is stuck with this long waiting years (and years..) that we cannot see the future.

I would like to know if some of the following can happen:

1. reuse wasted GC numbers
2. can EAD and AP be 1 fee and 1 form
3. can EAD and AP be 3 years like H1B visa is

I am keeping H1B all years long because I do not want to go through submit/pay/wait EAD and AP every year. Also, people use AP are most likely get 2nd inspection at POE, which some people are taking more than hours waiting for little additional questions.

However, since I am on H1B, I am stressed out with going through the interview at US consulate. I have not gone back to my home country for more than 5 years because I am scared about leaving the US that I am risking that I may not be able to come back.

It is sad that I have (or most other people) to feel this way. I love America, and all people I met in America are very nice and I love them. However, some government people are very scary, maybe they have to be that way, but sometimes, I feel like I am criminal while talking to them (at airports or at US consulate).
Even we are here, in America, legal, work hard, pay taxes, and no crimes, we are stuck with this whole “GC Process” that is limiting us from changing jobs to what we think we can do (to support America) and buying house because we do not know what will happen to us tomorrow after waiting for a long time with hope.

Thank you for taking time to read my comment.
I (and all of us) am hoping there will be some CHANGES AND MOVEMENTS on retrogressed GC process.

 
At March 31, 2010 at 9:31:00 AM EDT , Anonymous Anonymous said...

So how many visas are wasted so far for this fiscal year?

 
At March 31, 2010 at 9:34:00 AM EDT , Anonymous Anonymous said...

Dear director,
While current rules and policies limit USCIS ability to approve green cards for EB categories, there is a huge opportunity to deal with this situation. In this economy uscis also needs to work in creating more jobs and provide environment for recovery of american economy.

Here are some areas.
1.Approve the primary 485 applicant that will move the Priority date of visa bulletin forward and permit you to get more new applications. These primary applicants are potential investors in business/real estate.Average wait time now due to this visa bulletin dates is around 10 years which is unreasonable.

2.Provide a combined Biometric EAD/AP card (light green or yellow card) for work and US entry/exit. This will facilitate real identification system and stop illegal employment.

3.Allow people to submit their 485 even when Priority dates are not current. This will help employees move between companies forcing companies to hire more employees.


Explore the rules/laws to see there are any loop holes to exempt the depdendents being counted against visa numbers.

By doing the above you will not only encourage job growth but also provide a good revenue stream for good functioning of USCIS

 
At March 31, 2010 at 10:13:00 AM EDT , Anonymous Anonymous said...

"With millions of Americans and Green Card Holders unemployed, why do we need additional foreign workers? We should have a moratorium on employment based greencards."

let me explain in simple language why this doesn't make sense. Most of the people who have applied for employment based green cards are already working for their US employers, on temporary visas. They ALREADY have the job. What they don't have is the ability to buy homes or leave the job, or start their own business, or in any way exert bargaining power with this employer. They already HAVE the job. The only thing that the green card retrogression does is suppress wages and working conditions and prevent these temporary employees from investing fully in their life in America.

So, it may make you feel better to push for a moratorium on green cards, but it won't actually help the unemployment situation in the US. On the bright side, for you, the slowness with which the USCIS is processing green card applications, and the rate at which they are wasting visa numbers amounts to a de facto moratorium on green cards, so I guess, yay for you.

 
At March 31, 2010 at 11:38:00 AM EDT , Anonymous Anonymous said...

The most suffering category is EB3, the dates don't move and now according to the new calculations, it will take another 20 years to get Greened(already 2 years since I-140 approved) I think by that time, many applicants will be no more. Oh BTW you have not answered any single question posted to you except for the info that most of us already know.....!!!

 
At March 31, 2010 at 11:40:00 AM EDT , Blogger KK said...

Atleast make the bulletin current, so people can file EAD's and switch their employers in 6 months who are giving hard time for us to even survive in this economy.

This is insane rule, atleast change the rules to give us some freedom of moving from employer to employer so they also will get their acts straight.

Right now, we almost got the feeling like we are working as prostitutes employee working for a pimp employer, he can collect how much he wants and leaving us behind with penny's and worst part is clients-customers thinking that we make FAT pay cheque every month.

Here is an example, my client pays X$/Hr to my to vendor, vendors takes 42% of that X$ and gives it to my employer and then my employer takes 30% flat cut and pays me the rest in which i pay all state & federal taxes and bring home less than a client's employee does. My wife looks at me like i have been making the same money for past 4 years while the other people are getting increments. Don't let them loose faith on us. Please help in this aspect atleast if you can't green us.

I have a FTE job offer in a state agency where i am working for past 4 years, they are not allowing me to join because they don't entertain H1 filing, and atleast if i have my EAD i can switch jobs and save my job for life and contribute to my community.

THIS IS LAND OF IMMIGRANTS, PLEASE MAKE THAT TRUE AND TREAT US LIKE HUMAN BEINGS. YOU ARE LETTING OUR EMPLOYERS TAKE ADVANTAGE OF THE SYSTEM. (THEY ARE FORGETTING ONE THING.... THEY WERE ALSO IMMIGRANTS AT ONE TIME)..

 
At March 31, 2010 at 11:43:00 AM EDT , Anonymous Anonymous said...

Dear USCIS,

Consider this scenario.

One person gets our of college and master degree and applied for GC with EB2.

The other person is stuck in EB3 backlog for 5 plus years.

Do you think the first person is more qualified than the second. I don;t think so. There will be many people that will stand by my side and agree with me. A person in EB3 with 5 plus years of experience is much more qualified.

 
At March 31, 2010 at 11:55:00 AM EDT , Anonymous Anonymous said...

Dear Director,
Thank you providing an avenue for posting our comments. One of the things I wanted to request is to stream line the adjucating process. There are certain steps you may take within your jurisdiction/control to let the people know that their green card is adjucated. People, especially EB3 India/China have been waiting more than 5 years. Knowing that their application has been approved will help them make future decisions. Most of them will help contribute US economy. Things such as Buying house, starting business, capital investments/purchases, etc will help US economy.
Perhaps you can come up with Interim Green Card Provision. I kindly request a transparent process for Green Card Adjucation/ Pre Approval (Waiting for Green Card Priority dates).

Another Provison would be to automatically move EB3 to EB2 if they have Masters Degree or 5years for US experience. Waiting for more than 5 years for Green Card should qualify for EB2 Category. People with Master and 10 years of US experience to EB1 Category, etc. This will help reallign the backlog, especially for EB2/EB3 categories for India/China.

Kindly implement suggestions posted to remove the backlog.We appreciate your effort in this direction.
Thanks

 
At March 31, 2010 at 12:10:00 PM EDT , Anonymous Anonymous said...

I wish there was an easy way to port to EB2. I have a MS and more than 13 years of experience, still I am stuck in EB3I with a PD of 12/2004. There are about 35,000 people in front of me (with out including the count from District Offices). So, at the current rate of 2700 visas per year it will take 13 years to get my number. I am in this country for 10 years now and add 13 years to it to get the green card. I wish USCIS will give us some relief and allow us to port to EB2 with out going through the labor and I-140 again.

 
At March 31, 2010 at 12:28:00 PM EDT , Anonymous Anonymous said...

Wishes for the new BLOG and thanks for the info.

As I am waiting in EB2-I Category for more than 3-years and there are many thing stopping in enjoying the free-land and contributing more to the US Economy.

The list follows,

I am not in a position to buy a home
I am not in a position to buy a 2'nd car.
I am not in a position to start my small business.
I am not in a position to do more for the community.
I am not in a position to proceed with my Doctoral Degree.

I am here in the country legally and I contribute more for this country by paying taxes year after year, paying for social security and for medicare.

All I am wondering why the VISA Numbers are going wasted/unused and how the unused VISA Numbers get Recaptured and show light in future-immigrants.

I know USCIS has lots of potential and power to do the job better by processing the applications faster and get the application get rid of the queue.

Wishing you all the very best.

 
At March 31, 2010 at 1:04:00 PM EDT , Anonymous Anonymous said...

I have Masters degree and 18 years experience but my employer said they only want to apply in EB3 category.

Now I am in USA for 13 years, stuck in Green Card queue for 7 years, and I see people in EB2 with 2 years experience getting green cards while I am way more qualified and experienced and I am still suffering along with my family.

I can not believe that we can go thru this pain and suffering in USA, which the entire world looks up to as a leader in freedom and justice.

Hoping that common sense will prevail soon and end the sufferings on EB3 applicants.

God Bless USA.

 
At March 31, 2010 at 1:35:00 PM EDT , Anonymous Anonymous said...

How about a conference call?
Are you willing to talk to us?

We will keep it highly professional and pinpoint our issues in may be 30 minutes. Rather than people posting here..

Not to prove anything, but atleast to give you an idea on where we are at and what we can do to progress the countrie's economy.

AILA lawyers - meeting they asked us to pay $500 some dollars to listen to it. Ridiculous.

 
At March 31, 2010 at 1:40:00 PM EDT , Anonymous Anonymous said...

Why so many people were allowed to file for I485. Why other people are not allowed to do so. This is not fair !!!!

 
At March 31, 2010 at 1:40:00 PM EDT , Anonymous Anonymous said...

I am stuck in EB3 backlog. I have approved I140. I want to go back to school as I feel that my career reached a stand point. I cannot do that since I cannot switch to F1 with approved I140. How can I go to school now????? I have to cancel my I140. So much money were spent on that!!!! Stop playing with out lives!!!!

 
At March 31, 2010 at 1:41:00 PM EDT , Anonymous Anonymous said...

I want to buy my own business, I am stuck in EB backlog. I cannot do that since E2 visa has non immigrant intent. Your immigration system is outdated and needs fixing.

 
At March 31, 2010 at 1:45:00 PM EDT , Anonymous Anonymous said...

Please make the bulletin current!!!!! It won't hurt anyone!.

 
At March 31, 2010 at 2:04:00 PM EDT , Anonymous Anonymous said...

Special rules for spouses and children of lawful permanent resident aliens. -

(A) 75 percent of 2nd preference set-aside for spouses and children not subject to per country limitation. -

(i) In general. - Of the visa numbers made available under section 203(a) to immigrants described in section 203(a)(2)(A) in any fiscal year, 75 percent of the 2-A floor (as defined in clause (ii)) shall be issued without regard to the numerical limitation under paragraph (2).

(ii) 2-A floor defined. - In this paragraph, the term "2-A floor" means, for a fiscal year, 77 percent of the total number of visas made available under section 203(a) to immigrants described in section 203(a)(2) in the fiscal year.

Doesn't this mean that you should not count the dependents towards numerical count?

Why the USCIS blogger stopped replying?

 
At March 31, 2010 at 2:09:00 PM EDT , Anonymous Anonymous said...

TO USCIS PEOPLE:
THIS IS A BLOG, IF YOU CAN ASSURE EVERYONE CAN POST THEIR INNER FEELING AND ISSUES HERE ASSURING THAT NOTHING WILL COME BACK TO THEM...
TRUST ME THIS BLOG WILL BE POURED 10 TIMES THE COMMENTS THAT PEOPLE ARE POSTING NOW...

 
At March 31, 2010 at 2:33:00 PM EDT , Anonymous Anonymous said...

USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing. The Ombudsman first raised this issue 42 months ago with senior USCIS leadership and proposed several solutions over that time. Instead of fixing CLAIMS 3 now, USCIS is waiting for the “case management system” it has promised to implement for many years. Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty.

Taken from 2007 Yearly Report.
Full Link at: http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf

 
At March 31, 2010 at 2:36:00 PM EDT , Anonymous Anonymous said...

From numerous visits to USCIS facilities, the Ombudsman has observed that adjudicators prefer to work on the cases that are easiest to complete. Adjudicators pick the “low hanging fruit” first because supervisors base performance evaluations on the number of cases completed. Consequently, adjudicators put aside the most difficult and time-intensive cases. These cases remain pending, perhaps for years, while backlog reduction appears generally to be succeeding.

 
At March 31, 2010 at 3:14:00 PM EDT , Anonymous Anonymous said...

If I look at the incompetency of the USCIC, then I'm sorry to say I'm actually happy that government is not involved with healthcare.
Maybe they really would create death-panels. They certainly have them in the immigration process.

 
At March 31, 2010 at 3:46:00 PM EDT , Anonymous Anonymous said...

It has been a long wait for the Green Card, EB3 in particular. We request some action to eliminate the backlog. Based on this article http://www.khatrilaw.us/Articles/The_Employment_Based_Green_Card_Process_a.pdf
219,000 Visa numbers have not been used.
"A onetime recapture of the 219,000 unused visa 
numbers could go a long way to eliminating this backlog and bringing  much needed relef to many 
applicants".
Kindly initiate a program to recaptured the unused Visa and help resolve the backlog.

 
At March 31, 2010 at 4:19:00 PM EDT , Anonymous Anonymous said...

You have NOT posted any Reference for the Wasted or Un-used VISA Numbers for the past year? Can you Post that from Year 2000 on each category how many visa were issued and how many were NEVER used?

 
At March 31, 2010 at 4:48:00 PM EDT , Anonymous Anonymous said...

Responding to Your Comments on Visa Numbers, Preference Categories, and Spillover

Dear USCIS Blog operators,,,

I think the answers and tables you have provided make perfect sense. Unfortunately, this is not what every blog writer is expecting. We know this already.

This information is freely available and any person with a semblance of understanding and knowledge can figure it out.

What we do not know and want to know is...

How many GC's were issued under EB3-China for the year 2004?

How many GC's were issued under EB2-India for the year 2007?

How many employment based GC's were not issued in the year 2005.

So on and So forth. Can this information not be made available...

 
At March 31, 2010 at 5:04:00 PM EDT , Anonymous Anonymous said...

PLEASE COUNT OUR TIME TOWARDS CITIZENSHIP FROM THE TIME OF "APPLICATION FOR PERMANENT RESIDENCY i.e I-140" APPROVAL AND NOT FROM THE DATE WHEN THE IMMIGRANT BECOMES PERMANENT RESIDENT.

 
At March 31, 2010 at 5:04:00 PM EDT , Anonymous Anonymous said...

PLEASE RE_CAPTURE THE UNUSED VISAS....

 
At March 31, 2010 at 5:04:00 PM EDT , Anonymous Anonymous said...

PLEASE EXEMPT DEPENDENTS BEING COUNTED FROM EB CATEGORY CAP.

 
At March 31, 2010 at 5:06:00 PM EDT , Anonymous Anonymous said...

TOP PRIORITY: GIVE H-4's WORK PERMITS.
TOP PRIORITY: GIVE H-4's WORK PERMITS.

GIVE US FREEDOM OF DEPENDING ON SPOUSES. WE ARE STAYING HOME AND NOT ALLOWED TO DO ANYTHING, WHILE OUR FRIENDS ON L-2 AND J-2 ARE WORKING OUT THERE...

WHY ARE WE NOT BLESSED???

 
At March 31, 2010 at 5:29:00 PM EDT , Anonymous Anonymous said...

Show us some light in April Bulletin for May. Please let us file I-485's... This is not fair, you let all file till Jun 2007.

Give us one more chance to file them for the people waiting since last 3 years.

Give us GC's that's even better. Our I-140 has been approved 3 years back, still no near time i am seeing to file my 485.

Please let us file 485's , i am pretty sure there are atleast 200K people waiting (minimum) to file I-485. 200,000 * $1010 = $202,000,000 ......... WOW.. That's $202 Million revenue in no time.

Even if H-4's are given work permit's
Then : Atleast half : 100K people @ 340$ for EAD = 100,000 * $340 = $34,000,000 ==== $34 Million.

Either way - WIN WIN FOR USCIS.

 
At March 31, 2010 at 5:49:00 PM EDT , Anonymous Anonymous said...

Hello - the bottom line is that USCIS has not followed it's own rules (no matter how many times it posts ans reposts them on their websites) and has not done so for several years. Everytime they are asked about the backlog, they refer people to the mass of applications that they received in summer of 2007 - as if it had absolutely nothing to do with them or their broken system and was the fault of all these applicants. This has resulted in everyone I know (in my EB category with a PD after me) having already received their GC while I fester. Sick and tired of USCIS and their excuses. Not one single immigrant is asking for a guarantee but applying for a GC is a very risky gamble these days.

 
At March 31, 2010 at 6:33:00 PM EDT , Anonymous Anonymous said...

AMENDMENT TO YELLOW CARD:

INITIAL VALIDITY FOR 2 YEARS.

THEN YEARLY RENEWALS BY PAYMENT OF $100 FEE.

[AS BEFORE, FEES SHOULD BE FOR PRINCIPAL ONLY & NOT FOR DERIVATIVES]

 
At March 31, 2010 at 8:29:00 PM EDT , Anonymous Waiting in the legal line said...

Everywhere you go, you take a number, receive a message letting you know how long something is going to take. In some cases you are compensated because what was advertised wasn't full filled in the allotted time frame.

USCIS would have been sent to the Better Business bureau long ago and shut down if this was the public sector. Instead we have a black hole that treats their customers like garbage, when calling for an update on their paperwork; crossing the border and being harassed each and every time.

In this day and age people should not be waiting YEARS for a green card, or even 6 months for a REAL update on their paper work.

I think we should all start packing up and move to Canada, UK, Australia etc where they appreciate the hard work and dedication of immigrants.


Frustrated, Tired and Angry

 
At April 1, 2010 at 2:16:00 AM EDT , Anonymous Anonymous said...

No use in venting your anger here, please write to the President, your senators and representatives. They are the ones who can do anything about our situation, not USCIS. Comprehensive Immigration Reform is our only hope.

Make them understand how much we contribute to the society. Make them know that we are not a risk to American worker. Make them know that our contribution creates jobs, not take them.

For example, I was the first and only employee at a start-up company, and now we have 25+ people working for us. If not for my hard work in those first two years, these 25+ high paying jobs will not have been created.

Keep writing and our voices will be heard. Amen.

 
At April 1, 2010 at 9:59:00 AM EDT , Anonymous Anonymous said...

Dear sir,
I am here in United States since 2002. Me and my friend at that time both went for a student visa, he got rejected and i got approved. I felt i was so lucky. I have completed my Master's and found a dream job and working since 6 years.

Now i turn around and look back, my friend who got rejected for U.S Visa went to Australia and did his master's and became a PR and now he is a Australian Citizen. Now he can travel to US on E-Visa without any trouble.

I ask my self, Who won? or Who is successful? He bought a nice home, car, and running a small business. Where as i am nowhere even close to that even though i have money lying in my savings account.

Here we are tied with employer- who can control everything our pay, insurance and what not. Here insurance company tells you when i can have babies.. Doesn't that sound stupid to you? Waiting time of 12 months? I am still happy and not complaining about all these. But treat us fairly like all countries do.

We have invested our prime years here learning and contributing towards the economy of US. We have not done anything wrong, and i am here in US since 8 years still waiting on H1-B,

From the time i came.
1- F1Visa - $250
2- H-1B new/renewals: $5000
2- Visa Stampings: One in Canada/Mexico, Cost: $3500
1- Green Card (Incl Lawyer Fees): 7500 so far
2- I-485's " $3030.00 + 1500 lawyer fees.

So far we have spent: $18,000 alone on maintaining our Immigration status legally and we are yet to pay for lawyer and file 485's for all my dependents and myself.

We never cried about this, but atleast if the process is moving. The Visa dates for EB2 India or China has really not moved more than 3 months since 2 years..... Really???

Please follow Demand/Supply Rule -- we will not file Unemployment, we are self-sufficient and our current visa status rules that we need to have a job, so how could anyone think that we are stealing american jobs. One is ignoring that we are already in the feeling that we are americans. I stayed here for 8 years and paid SS taxes and haven't claimed any.

Requests:
1. Please change the VISA bulletin type, Remove the rule of not filing I-485. The bulletin should only reflect the current processing apps month/year. (Just like processing times posted for centers).
2. Allow H-4's to work, what sin did they do?
3. Treat as in-state residents for education, we are PAYING taxes, we are not asking for free.
4. Allow us to switch employer's freely (not so much paperwork and RFE's).
5. Masters/PhD's should be awarded PR like Australia.


Another VERY Valid Point i want to mention:
Last year or before year Canada (Alberta Province) has introduced a program called Alberta Immigrant Nominee Program (AINP) to intake certain qualified immigrants into Canada and award them PR (Landed Immigrants).

I applied for AINP, guess what they have asked for required documentation. They say i have to be in US, and have been on H-1B visa for atleast one year and working. NO OTHER PAPERWORK OR ANYTHING NEEDED.

They are taking advantage of the system here. They know US will do extra checks and everything in giving VISA or Entries, They are not doing any extra work but relying on US.

You all need to realize, leave the old process and adopt to this changing world. It will help us all and ultimately USA will only benefit.

 
At April 1, 2010 at 11:18:00 AM EDT , Anonymous Anonymous said...

Dear readers,

I would like to tell every US citizen and all US personal that your country that fights nations and countries for democracy is now manipulating with The Human Right !

The right to live, and more than that asking people to stay and pay texas mean while they all know that this is a LIE. The U.S. Economy is not that good, what better way is it more than asking for taxes from legal immigrants, keep paying keep paying keep paying.

CIR should not pass first but visa numbers lost recapture ! Should all legal immigrants stop paying money and turn to illegal immigrants waiting for the immigration reform ?!!?!??!

Sorry for being negative but this is the real life !

 
At April 1, 2010 at 12:55:00 PM EDT , Anonymous Anonymous said...

Is there any chance that the USCIS will move toward a points-based system for legal immigration, at least for the EB category? This will be very beneficial to many thousands especially those who have come here for higher studies and continuing to work and contribute to the economy. I have a Master's and my wife has a PhD both in Electrical Engineering but only I work because we cannot find sponsoring employers in the same city and we don't want to live apart even at the cost of losing money. I have lived here for 9 years now; 4 study and 5 years work and still cannot get residency. We keep paying thousands of dollars in rent every year by not buying a house and building equity because of the uncertainty we face in employment. Moreover, not many lenders are very comfortable giving loans to people who are not permanently settled here.
Please, please, please move toward a points based system as other developed countries are following. At least for the STEM field which is recognized to be vital to the economy:
1. MS - 1 Points
2. PhD - 3 Points
3. Work Experience per year in STEM field - 1 Point

Accumulation of 6 points makes you eligible for AOS to permanent residency. Remove the per country criteria and consider it based on points earned. This will alleviate so much stress.

Also from a taxation standpoint, realize this. Me and my wife had a combined 9 years of funded education by a public university. Will it not behoove to keep us here so that we can pay that back through income tax, sales tax, medicare/ss tax etc?

We understand that being allowed to stay here is a privilege and not a right and if we don't like the procedures here, we should go back home but we chose to live here and raise our children here due to a myriad of reasons and all that we ask for is at least be given consideration in the debate for immigration reform.

All that is talked about vociferously during immigration reform is the status of illegal aliens but nothing about people who follow the rule of law, pay taxes and contribute significantly to technological growth.

This seems very unfair and hurtful.

 
At April 1, 2010 at 12:55:00 PM EDT , Anonymous Anonymous said...

Please give us some answers!!!!!! We know all what you have just posted I check it daily sadly but our lives are in your hands. Priority date July 2005 EB3 UK citizen. Been here 8 years thousands in filing fees and probably more to come, no promotion no change of job for my hard working husband. myself or sons not being able to work for first 6 years. Want to go home this year but there again more fees to buy travel documents. give us a break please

 
At April 1, 2010 at 1:08:00 PM EDT , Anonymous Anonymous said...

Dear USCIS team,

Do you think we do not know this information that you have given in this blog post? We are stuck in the EB3 backlog and are waiting for the green card for the past 9 years. We keep this information in our finger tips.

This blog post from USCIS means only one thing: "USCIS will not do a single thing to help solve the EB3 backlog". Why? Beause the applicants are paying on the average of $1000 per family per year towards EAD and AP renewal. Why kill the golden goose?

We do not want the explanation of backlog problem. We want the SOLUTION. USCIS has lots of officals with great leadership skills. As a leader, tell us, what solution that you offer?

 
At April 1, 2010 at 1:22:00 PM EDT , Anonymous Anonymous said...

Please make the visa bulletin current... We will be the happiest people on the earth!

Applications till 2007 July are already with USCIS, so you won't recieve alot of apps...

Please make it Current for ALL CATEGORIES!!!!!

 
At April 1, 2010 at 4:30:00 PM EDT , Anonymous Anonymous said...

I have hope in USCIS and DOS, USCIS Director is a cuban immigrant. This message is for the Director..

Hope you read it.

Dear Director,
As an immigrant, i don't have to tell you some basic things that we miss in our country, so we try to find a better place for my children and grand children where i know they will be safe and prosper exponentially. Same like your parents and grand parents did by moving to USA.

We want real job, real life, real home that is ours. We are living in a world of uncertainty, and we have no job security - i.e employer can lay off and send us home back. we can't buy home due to uncertainty in job. we can't invest in this country for the very same reason.

In fact, lot of smart people are investing in developing countries and their home countries. Is this what US wants? I don't think so, we want to build America stronger, bigger and for any future skilled immigrant who can bring some knowledge and hard work to this country.

Please give us an opportunity to serve this country, by granting us Green Cards or at least work permits to our spouses who are sitting at home and biting nails. My wife is Master's degree holder, the only reason she stays at home because she couldn't find a sponsoring employer to find a job locally and we DON'T WANT TO LIVE SEPARATE.

 
At April 1, 2010 at 4:31:00 PM EDT , Anonymous Anonymous said...

Please treat H-4's same as J-2's and L-2's what is the difference???? Give them work authorization.

 
At April 1, 2010 at 5:44:00 PM EDT , Anonymous Anonymous said...

A lot of the people who have waited here 7 years, 10 years or more are pretty much trapped. Do you think they are now going to go back home now after investing so much time and money? No. Everyone knows that including themselves. No matter what the circumstances, they will just keep silently suffering and waiting. Most if not all are law-abiding individuals and they will not try any illegal means. Though everybody knows that they can simply pack their bags and go back (Not back home but where they came from. This is now home.) not withstanding uprooting family, friends, children who are essentially American in every sense of the way, they will still stay here and wait. And continue to suffer.

 
At April 1, 2010 at 8:42:00 PM EDT , Anonymous JoeF said...

A lot of posters here don't seem to understand that USCIS doesn't make the laws.
They can't move to a points system. The US Congress would have to change the immigration law for that.
USCIS can only interpret the laws, which means minor adjustments, but not sweeping changes.
So, everybody should support the Comprehensive Immigration Reform bill that is in Congress. Tell your Congressperson to support the CIR. That's the only way to fix the mess lots of people are in.

 
At April 1, 2010 at 8:51:00 PM EDT , Anonymous Anonymous said...

Dear All,

As I am reading through these comments I feel a very good feeling that I am not alone.

I see so many people extremely frustrated with USCIS. So much pain, emotions and dissatisfaction.

USCIS to the Better Business Beureau !!!!!

 
At April 1, 2010 at 8:53:00 PM EDT , Anonymous Anonymous said...

USCIS,

I challenge you.

Set up a phone call with us. Let us talk!!!

 
At April 1, 2010 at 8:55:00 PM EDT , Anonymous Anonymous said...

USCIS,

Please stop the approval of FAKE MARRIAGES and FAKE ASYLUM cases and give the numbers to EB, which will benefit US much more, economically and socially.

 
At April 2, 2010 at 8:23:00 AM EDT , Anonymous Anonymous said...

I got my greencard today after 5 years waiting. Though in the past, it was very unpleasant to see that my priority date was current three time ( Aug 2005 chinese EB2), my case was not able to be processed or received the request of evident at last day of the month that priority date was still current, It still is a great improvement that I was able to receive the approve notice at the first day when the priority date is current. I think with such effort, there should not have any wasted visa anymore in the future. The key is immigration reform, especially if the visa number should be increase. It is a sad news for all who is still waiting in line for many many years that "there is no spillover". But the truth probably should be given right now. The department of state should revise their Jan prediction. We should put our effort to put through immigration reform and gain the support from America people. Before we become citizen, we only can voice our convern but it is citizen's decision.

 
At April 2, 2010 at 8:46:00 AM EDT , Anonymous Anonymous said...

Waiting in line forever since Jan 2002 (EB3I) - everything done legally, following the law - unbeleivable that such a democratic country, goes to other countries and preaches what is right and what is worng, has a completely broken immigration system for people who are legally trying to immigrate. Millions of visas lost every year , no accountability. But of course the government is looking for means of making illegal immigrants become legal. No fight against that but just because we follow rules are we to be victimised and our and our kids lives ruined? They belong to this country they do not know any other country as their motherland and so do we. What guidelines do you have for us?

 
At April 2, 2010 at 10:15:00 AM EDT , Anonymous Anonymous said...

Hi,

Why are you providing same copy of information that already people know about visa classification and availability? we thought this visa blog was introduced to hear public grievances and act on the same.

For us non-immigrants life in US is getting worse due to visa rules and attached with only one employer. We are not getting promoted because silly rules in getting Green Card.

Land of Opportunity is likes illegal Aliens than Legal? We pay Tax , raise children , work with social groups in crisis , provide better safe place for community.

In year 2007 when USCIS and DOS allowed people to file change of status and EAD/AP that helped lot of people along with USCIS(fees).

We request you to open same in May 2010 so that ONLY APPROVED I-140 people could file change of status.


After getting EAD, people will change mind and start to expend money on Housing and new cars that will help to boost US economy.

If US may give legalization to illegal then why not give at least EAD to legal people while they are waiting for the Green card.

FOR THE USCIS to implement this RULE they don't need DOS Visa Availability.
USCIS need to publish in Federal register to allow all the I-140 approved candidate to File for the Change of status and EAD.

 
At April 2, 2010 at 11:15:00 AM EDT , Anonymous Anonymous said...

Dear Sir,

I have a humble request to USCIS. Why not grant green card to all of those whose i485 has been pending for more than two years? After all they have been here for multiple years and I hope you will agree that for any buruecratic process a 2 year wait time should be enough!

Thanks
Another soul stuck in the eternal hell of pending AOS

 
At April 2, 2010 at 11:57:00 AM EDT , Anonymous Anonymous said...

This message is JoeF (I know he is from murthy.com),

With all respect sir, may i ask you one thing. Why in the world would i call my congressmen and support CIR. I know it's mainly focusing on illegal immigrants becoming legal and giving them a fair path to citizenship.

I am here in this country for 8 years and donated to haiti as if something happened to my family and been generous and played by rules. I am still waiting to file my AOS and GC. Why would i support them when i am myself not in certainity??

Please don't mistake me, i am not against it. But, at the same time i am not in favour of it.

All the laws that are being passed is only benefiting illegals and people with no isurance..

I feel like i should throw my documents in trash and act as if i am a illegal immigrant to US. (But i never did that).

PLEASE DON'T COMPARE US WITH THEM AND POOL US ALL AS ONE GROUP...

ISSUES ARE SEPERATE, SO LET'S KEEP IT SEPARATE.

Why can't they introduce bills seperately instead of introducing as one mega gaint gaint bill that mnight never pass..........................

 
At April 2, 2010 at 12:04:00 PM EDT , Anonymous Anonymous said...

A not for profit organization claims that they got important update for people stuck without GC. I do not know if this is true.

USCIS is a tax payers funded public agency and it should release updates to all the public.

USCIS should come out and release a statement in this forum about their policy of releasing their plans/updates.

 
At April 2, 2010 at 12:12:00 PM EDT , Anonymous Anonymous said...

Dear Director,
Please reply to our messages...

Are these possible?

1.
a.Giving H-4's work authorizations. - As you mentioned it's only a change and need to published in Federal Registar.

or

b.Let us all who ever's I-140's are approved to file I-485 irregardless of VISA availability.

2. Can USCIS count the waiting time from I-140's approval towards citizenship.

3. Can you either implement a H1-B quota per country ? or remove the per-country cap for Green Card. - It is obvious only people who are here on H1 will file employement green card.

USCIS staff is great, but please train new comers properly to handle the paperwork, it is so much pain we go through when we see an RFE when we submitted every document, and them asking for the same documents. I am pretty sure there are many cases .. If can search on any public immigration forums. - I hope this comment is taken positively.

PLEASE REPLY, INSTEAD OF JUST READING OUR MESSAGES AND POSTING IT TO THE SITE... PLEASE REPLY...

In my country there is one saying "Let 100 thieve's runaway from law, but never ever punish not even one person who haven't commited any crime - by mistake"

I wanted to mention this, i am pretty sure there are fake marriages, asylums, refugees and DIVERSITY LOTTERY VISA's all these compared to a LEGAL person waiting in line for 8 years. Is this acceptable?

 
At April 2, 2010 at 12:53:00 PM EDT , Anonymous Anonymous said...

USCIS Made arrangement to support the ILLEGAL IMMIGRANTS but does help the LEGAL Immigrants who are paying TAX , Buying houses , Cars and putting money into the Economy. The Legal Immigrants in Employment Category are Highly Educated and Does not get into CRIMINAL act. They provide the best community experience for all the american people.

STILL USCIS is not helping or considering by changing the Law by POSTING the changes in FEDERAL REGISTER. SOME of the actions that does not need congressional Intervene are:-
1. Allow All I-140 to apply for Change of Status and Apply for EAD and AP.
2. Allow H4 People to work.
3. Remove the per country Limit SET by INA as it based on interpretation.

 
At April 2, 2010 at 1:50:00 PM EDT , Anonymous Anonymous said...

To: Director, USCIS.

Dear Sir,

I am quite shocked to learn about the plight of thousand and thousands of lives held in limbo because of lack of adequate planning, negligence and cruel indifference. It is terrible that something like this has been allowed to happen.

It seems the only solution at this stage is to issue interim green cards [YELLOW CARD] based on a point system to everyone waiting in line, with their lives on hold.

What has happened is not right. It is not ethical. It is not moral. It is not legal. It is not humane. It is not the American way.

You and me, we are fortunate that we did not get stuck in the green card backlog. As decent and conscientious human beings we have the duty to help these people who have been put in this disadvantageous situation.

I didn't have any idea of the enormity of the problem until I stumbled across this blog in an effort to help someone who has become the victim of an unscrupulous employer. Now, having come across the plight of thousands and thousands of people, I cannot turn away. Neither should you.

Please implement the YELLOW CARD system by the POINT method. This needs only a change in regulation and policy. It is within the power of USCIS to do this. This is not a green card, but a path towards one. A step in the right direction.

Let us liberate these people from their misery. Let us do the right thing and correct the wrong.

Since apparently it is against the blog policy to leave personal info. I cannot do that here. But, all you have to do is ask for 99 percentile to get in touch with you and I will. I [and many others I am sure] am willing to help. Just let us know.

Regards,

A decent human being and an American.

 
At April 2, 2010 at 1:56:00 PM EDT , Anonymous Anonymous said...

Please convert EB3 applicants waiting for 5 or more years to EB2. This will solve the heavy backlog issue.

 
At April 2, 2010 at 2:50:00 PM EDT , Blogger KK said...

Comment from other section
--------------------------
Many of us don't know the situation in H-4 is so bad when we get married. We come here with a lot of hopes and dreams to live happily with our life partner, but realise that we become completely dependent on them. Everytime I buy clothes or anything for myself, I feel bad to ask my spouse for money.

This is one very reason why we think H-4's should be given work authorization just like L visa dependents and J visa dependents.

 
At April 2, 2010 at 4:07:00 PM EDT , Anonymous Anonymous said...

I put it in a very simple way.

In American way of thinking, we as Americans hate being in queue any where whether it is a bank, customer services, amuzement parks etc. We do everything to eliminate the wait time and we strive to reduce the wait time to zero. We say sorry every time whenever one has to wait due to our mistake and inefficiency.

Now what a hipocracy that we do least care to reduce the wait time for talented people who are playing by rules, paying taxes, and contributing to the economy of America and willing to make America as their home.

Forget about current law and all the excuses, and please give a careful thought on this. Ask your soul, if this is justifiable? You will get the answer. Wheather to do something to solve it or not is another thing. But, you will get the TRUE answer.

 
At April 2, 2010 at 4:37:00 PM EDT , Anonymous Anonymous said...

DIRECTOR MAYORKAS, THERE IS NO PER COUNTRY QUOTA ON H1 VISA(S). WHY IS THERE A PER COUNTRY QUOTA ON AOS?

 
At April 2, 2010 at 4:53:00 PM EDT , Anonymous Anonymous said...

Friends

There is only one option. To file a lawsuit against the government. The only reason for this back log is the discrimination on national origin. When it is illegal to discriminate on national origin in any service or need, why is there discrimination in granting immigrant visas? I am sure that the Supreme Court would judge in our favor.
The only issue is who is going to take up the case and fight on our behalf?

 
At April 2, 2010 at 7:38:00 PM EDT , Anonymous Anonymous said...

We need an urgent remediation of visa backlog to tackle multifaceted EB legal immigration problems. With current EB legal visa backlog(estimated over 20 years for many cases) morale of a visa applicant or a ‘would be’ citizen is severely undermined. Assimilation with the society becomes increasingly difficult if one has to wait decades at prime working age (age group 25 - 45 years) when most legal immigrants enter US . This situation is further amplified where family members are divided i.e children are citizen by birth and parents are waiting in line for residency and citizenship. Additionally, long backlog prevents career choices, limits earning potential and diminishes large investment decision such as home purchase, starting business etc that adds value to the economy.

Immediate issuance of a special status similar to green card (lets call this a "Green Card Lite" in absence of a formal name) can be implemented within current legal framework without waiting for CIR. This is like an EAD with freedom to work for any employer including self employment.

 
At April 2, 2010 at 8:33:00 PM EDT , Anonymous Anonymous said...

I am in U.S since 14 years. I started my life here in U.S as a student. After getting degree i got a job. I have applied for greencard under EB-3 India category since last 7 years.
Unfortunately EB-3 India is heavily backlogged and we need some help to clear this. I when came to U.S thought that this country gives back returns to those who work hard,sincere people. I have paid taxes on time,followed all laws and rules of this country.
Please do something about the backlog.I thought this is a land of freedom but i see many of my friends stuck in this mess for years.

 
At April 3, 2010 at 3:12:00 AM EDT , Anonymous Anonymous said...

Dear sir
Here I am waiting for my immigration visa for the last five years(EB3 ROW catagory).Because of this ,my life is on hold.Because of uncertainity about date becoming current I couldnot decide what to do next in my life.There is no other option than waiting for the visa number to be current.Isn't it pity holding job offer letter for the past five years but not getting chance to work.why is it so hard to recapture the wasted visas? Sir, you should do something to reduce the never ending backlog,so that people who are waiting in this endless que whoselife is on hold like mine will at least take a breath of relief and can sleep without nightmare.

 
At April 5, 2010 at 12:30:00 PM EDT , Anonymous Anonymous said...

Hi,

Why are you providing same information that's already available to people & published in EVERY Bulletin?

we thought this visa blog was introduced to hear public grievances and provide solutions.

For us non-immigrants life in US is getting worse due to visa rules and attached with only one employer. We are not getting promoted because silly rules in getting Green Card.

Land of Opportunity likes illegal Aliens than Legal? We pay Tax , raise children , work with social groups in crisis , provide better safe place for community.

In year 2007 when USCIS and DOS allowed people to file change of status and EAD/AP that helped lot of people along with USCIS(fees).

We request you to open same in May 2010 so that ONLY APPROVED I-140 people could file change of status.


After getting EAD, people will change mind and start to expend money on Housing and new cars that will help to boost US economy.

If US may give legalization to illegal then why not give at least EAD to legal people while they are waiting for the Green card.

FOR THE USCIS to implement this RULE they don't need DOS Visa Availability.

USCIS need to publish in Federal register to allow all the I-140 approved candidate to File for the Change of status and EAD.

PLEASE MAKE EB@ categories CURRENT in MAY 2010 VISA Bulletin. WE ALL COULD FILE FOR CHANGE OF STATUS AND APPLY FOR EAD ATLEAST.

 
At April 5, 2010 at 12:37:00 PM EDT , Blogger USCIS Blog Team said...

@ readers:

Many of the particular issues discussed in the comments have to do with questions and concerns regarding current federal immigration law. And while USCIS is tasked with executing and administering federal immigration law as passed by the Congress, our agency does not have the authority to write, pass or alter the provisions of federal law which we administer. It is important that readers understand those things that we can and can not control. We plan to post more on this soon, so stay tuned.

 
At April 5, 2010 at 12:57:00 PM EDT , Anonymous Anonymous said...

Very true, USCIS administer provisions of federal laws. Your agency in it's annual report should suggest Congress how bad situation is with Backlog and how to reduce this backlog. You can not just say that "our agency does not have the authority to write, pass or alter the provisions of federal law which we administer." and take a back seat. YOu have to show leadership.

 
At April 5, 2010 at 1:02:00 PM EDT , Anonymous Anonymous said...

THanks for responding. I understand this issue- which is why I (and many here) have focused specifically on the issues that are under USCIS control, and not related to federal law. specifically, USCIS is given the authority to issue a specific nubmer of permanent residence visas every year. There is a very large backlog of people who have applied for these visas years ago. And yet, every year, USCIS issues many fewer visas than they are authorized to do. This is completely within your authority. So, my question is- can we get an accounting of why so many visa numbers get wasted and whether there is any attempt within USCIS to improve efficiency and actually use the visa numbers that USCIS is legally authorized to use.

 
At April 5, 2010 at 1:10:00 PM EDT , Anonymous Anonymous said...

Your quote: "our agency does not have the authority to write, pass or alter the provisions of federal law which we administer"

Right. But within your powers can you help the people in EB vias backlogged categories.

Yes. It is possible. But you would not do it. The reason is obvious.

 
At April 5, 2010 at 1:11:00 PM EDT , Anonymous Anonymous said...

Can you please forward our comments to the people who can make a difference then. We want to notify those people of our problems where we believe "The BUCK stops"

 
At April 5, 2010 at 1:11:00 PM EDT , Anonymous Anonymous said...

1) What is the adminstrative rule making process?

2) Can you use that to help the people stuck in EB back log?

 
At April 5, 2010 at 1:22:00 PM EDT , Anonymous Anonymous said...

Can you please tell us where we can report this issue and how?

We believe you don't have authority to change law but why don't you pass this issue to concern authority?

It is easy to talk but nearly impossible to suffer.

 
At April 5, 2010 at 1:41:00 PM EDT , Anonymous Anonymous said...

sir,
please go through the comments that would improve the situation with the help of administrative fixes. What people are asking is not green card, but some sort of hope so they can get along with their daily lives. Dont need to wake up oneday to know that their EAD renewal is delayed or AP is not recieved. Dont you think these EB applicants need a little more humility?
While USCIS has done an excellent job of pre-adjudication, it is not hard for the director to implement the requested actions such as light green card (yellow card) to ease the misery of these families. Please show that you really mean to solve the problems within your power.

 
At April 5, 2010 at 1:48:00 PM EDT , Anonymous Anonymous said...

sir,
I have a concern about EB priority date calculation based on the country of birth rule. I was born in india but I am an australian citizen. Why am I being crucified with a long wait when my country australia has enough visas. The passport should be used as a means to judge the PD instead of country of birth.

 
At April 5, 2010 at 2:03:00 PM EDT , Anonymous B said...

Thank for your comment, but you still haven't answered about (1) the law (specification # ??) which prevents from counting only principal applicant towards green card visa count and (2) letting I-140 approvals to file AOS.

Can you be specific instead of giving diplomatic / bureaucratic statements?

 
At April 5, 2010 at 2:27:00 PM EDT , Blogger KK said...

some day our prayers will be heard...
Please make the bulletin current so we can file for EAD and AP.

 
At April 5, 2010 at 2:36:00 PM EDT , Anonymous Anonymous said...

We did not ask you to "write, pass or alter the provisions of federal law".

There is nothing in INA § 203(d) that explicitly provides authority for family members to be counted under the preference quotas. While a derivative is “entitled to the same status, and the same order of consideration” as the principal, nothing requires that family members also be given numbers. This ambiguity in INA § 203(d) provides the Executive with an opportunity to exclude family members against the employment or family quotas, which could potentially resolve the priority date crisis significantly.

 
At April 5, 2010 at 2:52:00 PM EDT , Anonymous Anonymous said...

Around 2007 USCIS was talking about a combined EAD and AP card with 3 year validity. Whatever happened to that? Can you please post on that as well?

 
At April 5, 2010 at 3:11:00 PM EDT , Anonymous Anonymous said...

I am here in US since 4 years. Applied GC three years ago under EB2 category. My labor and I 140 approved and waiting for the date to be current. Since i am a contractor, travelling to different place on project work. Some times very difficult to get a project as employers are looking for US Citizen,Green Card and EAD. Sometimes I need to wait for couple of months before getting a new job. There are so many layers between employer and end client. Finally i am paid peanuts with which I need to take care of my kids and wife(H4 visa). I want to settle at one place if I have Green card or EAD. Life here is uncertain on H1b. Don't know when I will be asked to leave this country which I dreamy about. My kids are school going and really facing tough time in changing places and getting admissions in other states. If my wife has work permit, either she or me can work while other is looking for project. This is my sincere request to USCIS to make the dates current so that I can settle for a full time job and my wife can start working and my kids can enjoy their schooling at one place.

 
At April 5, 2010 at 4:23:00 PM EDT , Anonymous Anonymous said...

We agree that most of the discussion is not within your framework. USCIS provides a valuable input to the administration and we request USCIS to advocate these concerns to the appropriate people in the administration. Meanwhile there are certain things which will help alleviate some anxiety for applicants waiting for more than 5 years
1. Pre-Adjucation: Immediately notify the applicants whose applications have been preadjucated.
2. Fast track the adjucation process. If revenue is the issue, you may introduce "premium processing" with waiting on visa numbers.
3. Counting only the principal for Visa Number calculations.

Based on the volume of response of posts, please acknowledge severity of Backlog. Please enumerate the steps for backlog reduction. Better yet, please educate the applicants the appropriate way/channel for requesting the administrative changes to faciliate the backlog reduction.

 
At April 5, 2010 at 5:21:00 PM EDT , Anonymous Anonymous said...

EB3 + 5 years wait for green card = EB2

Can be done via adminstrative rule making.

 
At April 5, 2010 at 8:03:00 PM EDT , Anonymous Anonymous said...

Dear USCIS,

Me and My partner have been in the country for 10 years. I have a masters degree from a good university and we have been waiting for green cards for 7 years now. We are loosing hope everyday and getting depressed. We don't get paid right because our employers are exploiting us on our H1B status and they don't even treat us right. We are holding off buying any property here because of the uncertainty. We just cant start a life with out a green card. Don't you think we have waited too long for our green cards and how much longer should we wait? Giving us green cards could do good to the economy. We will buy houses and get some inventory off the market. We can start small businesses and contribute to the economy. Please help us and in turn help the economy.

 
At April 6, 2010 at 12:10:00 AM EDT , Anonymous Anonymous said...

@USCIS Blog Team

Hi,

I am in the following group with a AOS PD of July 27, 2007:

3rd Preference (Skilled workers and professionals)

28.6% of the world-wide employment limit, plus any remaining visa numbers from the EB 1st and 2nd preference categories.

28.6% of 140,000, means that 40,040 visa numbers are allocated to this group anually plus the remaining visa numbers from EB 1st and 2nd "drop-down", as well as "drop-up" numbers from groups below EB 3rd according to the Visa Bulletin.

The April 2010 Visa Bulletin for EB3 "other chargeability" has a cut off date of 02/01/03.

1.Is it correct that the Visa Office will only issue visa numbers up to the cut off date sometime in year 2005 for FY 2010?

2.What is a good way to gauge when the GC will be processed for AOS individuals with a PD of July 2007?

3.Specific to EB 3rd cat. does the VO distribute visa numbers across the full range of applicants in various countries?

I would appreciate some responses to these questions from the USCIS Blog Team or anyone else.

Thank you

 
At April 6, 2010 at 10:50:00 AM EDT , Anonymous Anonymous said...

As many has already posted, perhaps European Union has solved part of this problem by starting the "Blue Card" System - http://www.bluecardeu.co.uk/. Why can't US start the same process and completely nullize the priority date myth to so many die hard fans of naturalization and immigration? It works and it solves a lot of problems as seen current.

 
At April 6, 2010 at 1:10:00 PM EDT , Anonymous Anonymous said...

Employment based green card and family based green card are different. Actually it is day-night difference. Please do not compare them.

Having said that, the employment based green card allocation is unfair. Some people can get "EMPOLYMENT" based green card in one year and for some others it can take more than 10 years. The key word here is "EMPLOYMENT". So for employment visa there is discrimination.

Of course USCIS cannot change the law.

But USCIS can accept that there is a unfairness and discrimination in the system.

Once you accept it, then you can find ways within your powers to help the people who are in EB backlog for 10 years.

Let me put this way. If I am the USCIS top guy for one day, I will remove this unfairness and discrimination in one administrative rule.

 
At April 6, 2010 at 2:11:00 PM EDT , Anonymous Anonymous said...

To USCIS Blog Team,

Here is response to your explanation:

1. You say most of the rules are immigration laws and you can't change them - challenging this: You changed H1B rules, defined new employer-employee relationship that doesn't exists anywhere in the world WITHOUT ANY CHANGE IN IMMIGRATION LAW.

2. You made all priority dates current without even thinking for a second about consequences - WITHOUT ANY CHANGE IN IMMIGRATION LAW.

3. There are no IMMIGRATION LAWs / direct regulations on spill-over. You should look at EB3 families waiting in queue for years rather than approving other categories that are almost 5-7 years ahead of them. Spill-over should be more justified.

4. You wasted lots of visa numbers just because of your inefficiency. I with there is a strict IMMIGRATION LAW that punish you for that. As wasting those numbers result directly onto torture to families. This include kids.

I wish someday you will feel this pain and stop using Immigration Law shield and at least do what you could to resolve the problem. I bet you could do much more even within current IMMIGRATION LAW boundaries.

 
At April 6, 2010 at 3:12:00 PM EDT , Anonymous Ram K said...

It would be great, if you does not count dependants in the EB visa numbers.
Its really long waiting time, to complete the GC process for Indians. I request you to fix this process.

thanks in advance.

 
At April 6, 2010 at 6:56:00 PM EDT , Anonymous Anonymous said...

@ USCIS Blog team and Staff members;

While we understand that USCIS does not have the authority to write, pass or alter the provisions of federal law that they administer; the implementation of several ideas mentioned in this and the other blogs do not require USCIS to write or alter the already established laws. In addition, the report by Cyrus Mehta that has been shared by many readers in these blogs specifically highlights how the current system and the "interpretation" of the federal law could be implied to benefit the applicants, if there is a genuine intent.

In addition; providing detailed reports for each Employment Based categories will help us better understand the current operations of the USCIS organization. Once this information is shared by the USCIS, the applicants would get a fair chance to plan their lives while waiting for the approval notice. One format of the report could include the following details for period starting July 2007 onwards on a monthly basis:

Month
VB_Cut-Off_date
Total_Pending_EB2-I EB2-I_new_applications_received EB2-I_Approvals_granted Latest_Receipt_date_of_approval case

There has been lot of requests by the users to make reports similar to these public. I hope that the USCIS Blog Team can address this in one of their responses.

 
At April 6, 2010 at 8:47:00 PM EDT , Anonymous chylde67@comcast.net said...

I wake up every day thinking about my situation, and the fact that my family is falling apart because of the INS process. This is a very shortened version of the true story...so please open your eyes, ears and heart!

To start with I am an American born citizen from Boston, Massachusetts. I married my wife, who is a citizen of China, back in March of 2006. You would think that by this time, the INS would have processed my wife petition by now.

I wish that was the truth! I felt as though my country had turned its back on me. I have came across obstacle after obstacles:

* my documents that "supposedly" were not genuine- which in fact that INS accepted the 2nd time I refiled and paid another fee
* questioning the relationship of my co-sponsor- which is my own mother. No where does it state on the INS process a co-sponsor needs to be a relative. But I did honor the INS request and PROVE who my mother was.

The list goes on. Finally the INS center at Vermont was satisfied with my documents and sent all the documents to China. YOU would think that the obstacles would end; now the INS at the consulate wants the SAME documents, which was sent over by their own agency, within six weeks or the case was going to be closed. How is this possible? It is absurd, INS only wants original documents which I sent over to their Vermont site. How can I produce original documents- I am not a god but only human.

INS have tried to defeat me mentally, but I will not accept this. I am ready to quit the United States and spend the rest of my life with my wife in China.

Seriously, the problems encountered by all applicants can be traced to the unaccountability of INS. INS answers to no one. So, I can all rant till the end of time but INS is not legally obligated to address whatever concerns we may have.
You can't sue INS and INS makes the rules. They can change the rules anytime to suit their needs.

 
At April 6, 2010 at 9:42:00 PM EDT , Anonymous Anonymous said...

I don't really understand why there are so many complaints about the backlog. It seems quite obvious to me that a backlog would ensue if the Dept of State opened all EB visa categories as it did in July 2007. When the revised visa bulletin was issued, we ALL insisted that we wanted the original visa bulletin reposted - some even threatened to sue to have the original bulletin reposted. And whether we want to admit or not, we ALL knew that the priority dates would quickly retrogress or become unavailable. So, close to three years later, we're in the exact position that was so obviously apparent back in the summer of 2007. I think this may fall under the heading of "be careful of what you wish for - because sometimes you might get it."

 
At April 7, 2010 at 8:22:00 AM EDT , Anonymous Anonymous said...

USCIS Blog Team,

You are the agency that handles I-485's. Your agency should know better what is going on internally. Do not state here that: "our agency does not have the authority to write, pass or alter the provisions of federal law which we administer" because in the first place, have you been doing your jobs PROPERLY, then there will be no backlog right now. How do you explain 218,759 employment based visas that were not used?

This is a report (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf) that came out last 2007. On page 52 of the report, you will see the evidence on how "efficient" your agency is. Aren't you ashamed asking for increase visa fees and this is the kind of output we legal immigrants get? Another thing, you all posted your numbers on how big the backlog is. The problem we saw was that you only posted those that are on Visa Centers but neglected to include on how many you gave to District Offices that wasn't part of the count thus resulting in a complete surprise for the Visa Office. Such amount was not given to them and you call that "work"? You already have the information, you have the technology, how can you possibly miss that?

If you are powerless in passing, altering provisions of the federal law which we all know and understand, at least have the courage and strength to tell congress that this is the situation, we have a possible solution, a recapture of unused employment based visa that can eliminate the big backlog. Eat your pride, accept your mistake, help us legal immigrants who are trapped on this problem and in return, we will highly appreciate your help and thus putting back the trust into your agency.

 
At April 7, 2010 at 9:19:00 AM EDT , Anonymous Anonymous said...

Please let us know when should we expect to see your post (as USCIS blog team mentioned above in its comment)addressing the severe EB3 backlog and associated problems that EB3 applicants face due to this backlog?

Thank you for all your help.

 
At April 7, 2010 at 12:12:00 PM EDT , Anonymous toddlers furniture said...

Thanks for explaining how the visa works but I still don't understand how it helps protect jobs for American citizens?

 
At April 7, 2010 at 1:23:00 PM EDT , Anonymous Anonymous said...

In our case, I'm on H4 and my spouse on H1. He holds a masters and an MBA degree from USA and has been here for 9 years now. Still, his GC application has been filed as EB3.
Our application has been sitting in the audit queue for 1.5 years now, and so we have not yet crossed the first stage - PERM. I'm stuck on H4 and there seems no way out. All we ask is a work permit for H4 visa holders. Seriously, that seems more than enough to us now.
Now his H1 is expiring and we have filed for our visa extensions.. Here we go again, worrying about what will happen to our visa, status etc etc and not make any progress financially.

 
At April 7, 2010 at 3:47:00 PM EDT , Anonymous JoeF said...

"This message is JoeF (I know he is from murthy.com)"

Actually, I am not. I just post there. I have no connection with that particular law firm.

And the CIR is your only hope for improvement. If you don't want to support it, you will find no majority in Congress to improve things for you.

 
At April 7, 2010 at 7:16:00 PM EDT , Anonymous Anonymous said...

Just a Question (not a request to change law) - What law prevents approved I140 candidates to file for AOS? I Will really appreciate a to the point answer.

 
At April 8, 2010 at 11:06:00 AM EDT , Anonymous Anonymous said...

This is more of the same thing. It DOES NOT answer our question...I guess we need to stay the way we already are, which is literally "floating" around waiting for and answer?
I am a professional that came to US legally, which is, paying a LOT OF MONEY to do things legally right. I've been waiting for my I-485 about 8 years already. I've done my fingerprints TWICE and I'm waiting for the third time that is yet to come. I'm in the step where I have to renew my work permit and parole annually. That involves al lot of money that in addition to the taxes I pay annually equals to A LOT OF MONEY for the government.
For what? I am still treated like I'm doing things wrong or illegal. I went out of the country last week and when I was coming back using my parole the lady directing people to their respective lines told me to line up on the RESIDENT/CITIZEN line, so I did. When the Immigration Officer received my documents, he just screamed at me (in front of a LOT of people) telling me that I was in the wrong line! He mistreated me and my husband and didn't even let us explained why we were there. Were we stealing? Were we doing something wrong? Were we insulting or screaming anybody? I think you guys can come up with your own answer...
Having CITIZENS working as immigration officers that don't even respect people who are here working, even more than they are, and paying taxes, and paying them through our fees to be treated like this!!!
I'm sorry but I think that the US is in BIG NEED of professional and educated immigrants who can teach US CITIZENS how to act, work, speak, and treat people regardless their legal status.
This just make me wonder: Why do I want be in a country like this? Why do I want to stay living here? Why do I burn myself out working for CITIZENS that, obviously, don't appreciate what is done?
Who knows!!! But I think the answer is simple...To at least received something in exchange for ALL THE MONEY I've already paid ti you guys!

I understand the backlog, and visa numbers availability but about 3 or 4 years ago you guys were working on improving the PROCESS and to be honest with you, I think it's waaayyyy worse than what it was before.

At least 4 years ago we knew that the whole I485 process would be from 2 to 3 years! But know YOU don't even know how long the process is going to take...

PLEASE GET ON YOUR FEET AND WORK ON SOLVING PROBLEMS INSTEAD OF SEATING ON THEM!!!

 
At April 8, 2010 at 1:23:00 PM EDT , Anonymous Anonymous said...

Hello Blog Team:
My husband and I have been waiting for a Green Card for 5 years already. We both are professionals with Master Degree that would like to settled somewhere. Either here in US or somewhere else and we can not do that until our I-485 process finished. This is getting worst every day. We, both, have had to reject promotions on our jobs because we cannot change the position we were when the I-485 process started. It is sad that a "First World" country has not been able to come up with a solution for this matter yet. That all we hear are excuses and how people in charge on taking actions towards this system are not even moving towards improvement.
It is sad when I go through the immigration line every time I'm coming back from out of the country and the officers CANNOT tell me which line I can go to. One officer told me one: "You are not resident but you are not H1B either, I don't know what you are" and he started laughing.
That's all we get, just jokes out of all this mess...Can you please voice it out to the directors? We are workers that came to this country thinking on opportunities for both sides: For us to have a decent job and for the US to have the workers they need. You've had the opportunity to check our background and criminal history and I can assure that the majority of us have nothing there. We have paid a lot more money in taxes and fees than any US citizen and I can assure you that we are giving more and we have a lot more to give to this country.
Let's update your visa numbers and if you are using any remaining visa numbers from the EB 1st and 2nd preference categories how come they are CURRENT and we are way too far?
Best Wishes to you all...

 
At April 8, 2010 at 8:22:00 PM EDT , Anonymous Anonymous said...

Question # 1 - Is it true that 220,000+ visa numbers were wasted?

Question # 2 - Can that be reclaimed?

 
At April 8, 2010 at 10:30:00 PM EDT , Anonymous Anonymous said...

Dear Blog Team,

Please address the issue with EB to the USCIS. I've been waiting for 8 years. We are humans like you and we apply to become immigrants in the USA, not slaves.

Thank you for your understanding,
Human-been

 
At April 9, 2010 at 1:28:00 PM EDT , Anonymous Anonymous said...

Dear Sir,
We know any new immigration legislation can't be enacted without passing from both congress.
Atlest USCIS director can simply do:
Excluding dependants from immigration visa quota discussing with DHS secretory Napolitano and president obama as per current immigration laws.This will be great solution to ease our life.
(Even DV lottery also doesn't include dependants).

 
At April 9, 2010 at 5:12:00 PM EDT , Anonymous Anonymous said...

Visa bulletin for May 2010 is out. SHAME...
How can you state on you inventory report from last month that there are only 201 applicants until 2002 EB-3 OW and the PD for may will be Jun01? Also, the data provided to the DS states that there are 100 in the same category for the same year. Please improve your communication or just return our money and send us home because we are not welcome here we understood it.

 
At April 10, 2010 at 12:23:00 AM EDT , Anonymous Anonymous said...

Sir,
people in EB3 are waiting for decade but we heard that last year more than 6000 visa were wasted only in EB3 row category.If it wasn't the case at least more people would get their visa interview at overseas counselor post and there would be reduction on the backlog.

sir, at least there should be the provision for giving time frame for the completion of the process,so that we can at least think what we can do in this waiting time.
Sir, please do some thing to help us.Save our lives being ruined.
Please find out some solution,exclude counting dependent from the annual visa number like in DV.
thanks.

 
At April 11, 2010 at 3:01:00 PM EDT , Anonymous Anonymous said...

I would like to comment on the advance parole system of entering the country. It is supposed to be simple and not having to wait 4 hours after your flight has arrived to Miami International Airport. It is a simple process, just stamp the paper. I travel every week for work-related purposed, and I always have to wait between 2 and 4 hours when I arrive on a weekend. It is really unrespectful and unfair to see the officers move at a glacial pace when you are tired and waiting after a long flight. They even take breaks before taking care of all the people waiting. There should really be something simpler for people with advanced parole documents. Let alone that this is the 4th time that I have to renew and pay for the Parole because of the long wait and backlog for the Employment based visas. You should really address this matter as it makes it really complicated to travel like this.

 
At April 12, 2010 at 12:48:00 PM EDT , Anonymous Anonymous said...

sir,
when i came into this country i thought this is the best country in the world. Now I am sort of changing my own perception about this. Reality tought me otherwise. I have one PhD and two masters degree and a decent job earning more than 150K. I am waiting for the past 6 years because of EB2 India backlog. I should have got my green card long before. but stuck in the indian backlogg line. it is rediculous how you are treating educated and smart people from around the world with this sort of arrogance and no help.

So I have decided to put every penny into my home country to boost its business. And ofcourse I have become another frustrated US resident.
Founders of United States never envision this sort of attitude and treatment to skilled migrants. they never rejected scientist/engineers/doctors. I fear that if this trend continues, there will be huge technological drain. Have a look at the quality of reasearch achievements products in the american continent versus non american. reverse brain drain is real and it can hgappen to any place.
see soviet union as example.

I know some of these issues may not be in your control but are certainly responsible for this. try to convince those unionists in the obama administration that CIR bill may never pass and its time to be wise and intelligent and do something that is right. that skilled migrants are asset to a nation. they will build jobs and improve the nation. skilled migration probably will end with this decade (post baby boomer era). So use your resources to fix this problem and move on to generate a healthy economy.

 
At April 13, 2010 at 4:44:00 PM EDT , Anonymous Anonymous said...

Please do something about this huge back log. It is really causing so much stress and frustrations to every one stuck in the system. America can easily be their saviours by just allowing some simple steps suggested above. Let the Statue of Liberty provide succor and hope to all of us again.

 
At April 14, 2010 at 1:16:00 PM EDT , Anonymous Anonymous said...

One of the big problem in predicting the VB and approving the application is related to porting of EB priority dates. I am sure this is a huge problem for your staff. By the time the staff pre-adjudicated a petition (let us say EB3 india) the applicant upgrades the status with a new EB2 I140 and now you have to go back and review this case again.
This will not only create unpredictability in your numbers but a lot of resource waste at your end. And for applicants virtually they move from one line to another.

While EB2 qualifications (no masters degree required) is certainly a question for DOL, USCIS can limit this by not permitting porting. If you make a rule that anyone who want to port needs to withdraw their original peitition, a lot of these mess will go away.
Since applicants have earned that three year experience qualification during the backlog period there is a huge move to port almost every EB3 to EB2. If this is not stopped, this will certainly complicates your future adjudication processes and every EB3 will become another EB2.

 
At April 15, 2010 at 12:51:00 PM EDT , Anonymous Anonymous said...

sir,
Do something to reduce backlog.Please!save our life being ruined.Please, try to put your self in our place and think about the life being held nowhere.
Sir atleast give some try.Try to convience law makers how people's life are affected by the current immigration system.
Hope you understand our frustration,
Thanks.

 
At April 15, 2010 at 9:08:00 PM EDT , Anonymous Anonymous said...

Does "Fiance" qualify as "Spouse" (category 2A)in the chart shown?

 
At April 16, 2010 at 9:57:00 AM EDT , Blogger USCIS Blog Team said...

@ Anonymous' question about whether a Fiance qualifies as a Spouse in category 2A above. The answer to that question is no.

 
At April 16, 2010 at 11:26:00 AM EDT , Anonymous Anonymous said...

Somehow USCIS has become a target of the frustration. In my opinion, USCIS has pre-adjudicated the petitions for the visa within a short duration after Madame Napolitano took charge.
To my understanding the reason for the backlog is due to lack of visa numbers from state department.

If I was the director, I would like to take credit for the hard work of USCIS. This can be achieved by issuing a preadjudicated status for all the cases. If you can provide a combined EAD/AP automatic renewable card, this frustrated customers will salute you. Life is at stake for most of these employees and they are walking on the fine line during this recession. It is a great idea to issue light green card (yellow card) for indefinit renewal of AP/EAD as an emergency fix and then work on other issues.
This would calm down the situation atleast until CIR bill is passed.
GL

 
At April 16, 2010 at 12:21:00 PM EDT , Anonymous Anonymous said...

You guys are having jobs because of IMMIGRANTS!!! When average american is suffering to retain his job, shamelessly you are depending on immigrant's hard earned money and getting compensated with that.

When it comes to rules, you tell us what you do and what not? What good has USCIS done so far to the US Economy.

It's a immigrant's company paying 18,000 employees and you all have jobs because we are HERE paying for your mistakes and beuracratic delays!!!!!

If there is nothing to hide, then post this post to public.!!!

 
At April 16, 2010 at 12:24:00 PM EDT , Anonymous Anonymous said...

Priority 3:
Background: KPMG’s audit report* mentions that Pending cases includes I-485 records of ‘relief for deportation’. Immigrant community is worried that this error might have percolated into Allocating VISA to “‘relief for deportation’ from incorrect category.

Current status: Unknown to non-immigrant community.

Recommendation: USCIS can initiate self Audit of last 2 years of Employment based approved applications.

Priority 4:
Background: Employment pending inventory reports published.
Recommendations:
In conjunction with Inventory report USCIS can publish,
1.0) Where we can find USCIS published monthly I485 application rejection report.
2.0) Where we can find USCIS published monthly I485 application withdrawal report (due to PD porting to other categories or Employer withdrawal or any other reasons.)
3.0) where we can find USCIS published monthly VISA return (unused) to DOS report, as per Operation of the Numerical Control Process all unused VISA’s need to be returned to DOS for reissuance.
4.0) Where we can find USCIS published monthly I485 VISA’s per category demand to DOS.

 
At April 16, 2010 at 12:24:00 PM EDT , Anonymous Anonymous said...

Dear Mr. Alejandro N. Mayorkas

We are wringing these questions in effort to understand the VISA allocation processes followed by USCIS and DOS. Also how it affects effectively predict/publish monthly VISA bulletin.

Priority 1:
Background: System needs to be integrated for United States Citizenship and Immigration Services (hereafter referred as USCIS) to approve/process all the application based on Priority Date. This will require VISA demand to be sent to Department of State (hereafter referred as DOS).
Dependency: DOS is dependent upon USCIS for providing accurate data every month to move dates by VISA bulletin.
Technology requirement: USCIS Primary Application need to communicate in real-time/near real-time with IVAMS (Immigrant Visa Allocation Management System)
Current Status: KPMG audit (http://www.dhs.gov/xoig/assets/mgmtrpts/OIG_10-59_Feb10.pdf) recommendation mentioned on page 12/17 - 4. Track all pending applications within one system or in a series of systems that are integrated.
Question: What is the Implementation date for this recommendation?
Priority 2:
Background: CISOMB Annual Report Recommendation 2007-02 (http://www.uscis.gov/USCIS/Resources/Ombudsman%20Liaison/cisomb-2009-response.pdf): Pending Cases – “Provide a clearer picture of the current backlog by providing information on the number of pending cases by form type with receipts that are: (1) less than 90 days; (2) less than 180 days; (3) less than 1 year; (4) less than 2 years; (5) less than 3 years; (6) less than 4 years; and (7) greater than 4 years.”

USCIS response: on February 13, 2008 - upon the launch of USCIS’s new Web site, customers will be able to identify their place in the process as well as the total number of applications pending at that same point.

Current Status: Data on USCIS dashboard (http://dashboard.uscis.gov/) are 3-4 months old and nowhere near real-time or near real time. From Raw Data customer is not able to indentify there place in process.

Recommendation:
1. National Trend Raw data should include unique case Number / Application with unique information for case.
For e.g.
• For I-140 Application - When we download national Volume Raw data, we see Cumulative number only. - Raw data should be Multiple row/Column containing all the Field offices + Visa centers + Form I140 data such as, Application receipt number, Classification, Certification, Priority date, Consulate, A number, Country of nationality, Response to Processing information 1,
• For I-485 Application - When we download national Volume Raw data, We see Cumulative number only - This Raw data should be include –Application receipt number, A number, Answer to - part -2 Application Type (As this will determine whether Application is Employment based or any other type), Nationality, Country of Chargeability, Category (EB1,2,3..),Priority date,
2. Modification of My case Status to include “VISA request to DOS” between “Request for Evidence” & “Testing and Interview”

 
At April 17, 2010 at 1:40:00 PM EDT , Anonymous Anonymous said...

Hi,

1) Why do people have to renew EAD every two years?

We pay taxes like every one else. I pay my taxes, property tax and then this EAD tax which I pay every two years. This is very unfair.

2) Why do we need to have I-131 every year.
Of course I have the option to not file I-131 until I decide to travel.
But consider this. If I have a family emergency and have to travel what would I do then? I would have to wait till I get my I-131 which is often an unknown period of time.
This is an additional tax I have to pay and it is unfair.

3) Why do I have to renew my drivers license every year? Why can't I get it for 5 years or 10 years?

All this takes time, effort, money and causes a lot of aggravation.
Is the US GOVT saying hey, take it or leave it? Or just suck it up, we don't give a damn?
I am thinking of relocating back. I recently bought a house and am working on my masters. Another two years of this mess, finish my masters and I think I am ready to go back. Can't handle it anymore.
I have learned to accept that the "American dream" will never come true for me.
But I still think this is a very wonderful country and will feel sad that I could not be part of this great country and my kids won't have a chance to grow up here.
But to all the guys who posted here it is my advice that we should learn to take the message. It is loud and clear. Suck it up or leave. Cut your losses (The amount that you paid the attorneys and the application fee that was hiked up recently.)
Don't you see the connection? They allowed thousands of people to apply for 485 and at the same time jacked up the prices.
Guys admit it we have been duped by some people who are way smarter that all of us. Accept it like a real man and learn to respect them. Their ancestors worked hard to make this country like this, beautiful and strong and open. We all know how wonderful it is to live here. Go back to your country and work to make it better with your hard work and take with you whatever savings you have made here.
Cut your losses and leave. That is what I plan to do. To all the people who have posted here. I sincerely hope you get lucky and get to realize the American dream and get out of the "slavery" mode you and I are in now. I have lost all hope in that. Two more years of slavery and that's it for me.
God Bless America!!!

 
At April 19, 2010 at 4:25:00 PM EDT , Anonymous Anonymous said...

This Question Apply to DOS/USCIS, as DOS allocated VISA and USCIS applied the same,

Background:
There were 13,472 VISA's were allocated to E4 category in FISCAL year 2009 as per report - http://www.dhs.gov/xlibrary/assets/s...pr_fr_2009.pdf
Unused numbers can “fall-down” from E1 to E2 to E3. Unused numbers can “fall-up” from E4 and E5 to E1. This is
taken into consideration when setting monthly/annual targets for number use based on historical/recent patterns. (EmploymentDemandUsedForCutOffDates.pdf)

For Fiscal Year 2009 yearly Quota For E4 7.1% of total considering 144,034 for FY 2009 = 10227. as E2/E3 is retrogressed, there was no Spillover from E2/E3 to E4.

Question: Could you explain from which Category this additional 3245 (Based on 7.1%) VISA's were Allocated? As per INA E4 / DOS explanation can get Fall DOWN only After E1, E2, E3 are current hence this clarifications.

 
At April 19, 2010 at 6:42:00 PM EDT , Anonymous Anonymous said...

What did the EB community ever do to you to treat us this way? Just by our sheer numbers, we bring in millions in application fees and employ you all. The least you can do is NOT waist any visa numbers and be fair in putting back the vertical spillover of visa numbers.

 
At April 21, 2010 at 7:46:00 PM EDT , Anonymous Anonymous said...

Please post the wasted visa numbers from 2000 till now and is there anything in pipeline to use them in the near future. we need more transparency

 
At April 22, 2010 at 8:07:00 PM EDT , Anonymous Anonymous said...

Why not Re-Open the I-245...???? no need an aproval ftom the congress and the immigrants that are here in a process of residency can pay the fees for wait here... and make a path for the people that are here...

 
At April 23, 2010 at 5:24:00 PM EDT , Anonymous Anonymous said...

To everyone who posted, do this survey by USCIS:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=44ab1ff1097f7210VgnVCM100000082ca60aRCRD&vgnextchannel=7dab1c7dcb507210VgnVCM100000082ca60aRCRD

 
At April 26, 2010 at 6:31:00 PM EDT , Anonymous Anonymous said...

Why recapture the wasted visa numbers need Congressional approval? They have already approved the visa numbers once for use and why do they need to approve again to recapture? I don't understand this. This is just like double taxation. Or is this just a hypocracy to hold people in queue and make their life more miserable?

 
At April 27, 2010 at 8:22:00 AM EDT , Anonymous evden eve nakliyat said...

When it comes to rules, you tell us what you do and what not? What good has USCIS done so far to the US Economy.

 
At April 27, 2010 at 10:07:00 PM EDT , Anonymous Anonymous said...

to the people who posted here, please take the survey at the USCIS home page titled " How to shape the future of USCIS"... it talks about the topics discussed here.

 
At April 29, 2010 at 9:11:00 PM EDT , Anonymous Anonymous said...

Everyone, please take the survey at the USCIS home page titled "How to shape the future of USCIS"... it talks about the topics discussed here.

 
At May 1, 2010 at 4:39:00 AM EDT , Blogger Therouk said...

Please Fix the Material Support Bar - 212(a)(3)(B). that prevent legal imm from getting the right they deserve. thanks

 
At May 3, 2010 at 4:57:00 PM EDT , Anonymous Anonymous said...

Background:
There were 13,472 VISA's were allocated to E4 category in FISCAL year 2009 as per report - http://www.dhs.gov/xlibrary/assets/statistics/publications/lpr_fr_2009.pdf
There were 9,999 VISA's were allocated from E4 category in FISCAL Year 2009 as per report http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
So there is GAP of 3473 VISA in EB4 category. Similarly Following is GAP for rest of the Categories,
Employment Preference DHS Published USCIS Published Difference
EB1 40924 40978 -54

EB2 45552 46034 -482
EB3 40398 39791 607
EB4 13472 9999 3473
EB5 3688 4218 -530

Total 144034 141020 3014

Now,
Our Findings for VISA allocation Due to Spillover from FB to EB,
1) Family Based VISA Used in 2007 = 194,900 so Employment VISA available for 2008 Should be 226,000-194900 + 14000 = 171100, But Actual was = 166511,
Question: Why there was Total Loss of 4589?

2) Family Based VISA Used in 2008 = 227,761 so Employment VISA available for 2009 should be 0 + 14000 = 140,000 - But actual Used = 141020 Total Gain = 1020 VISA's
3) Family Based VISA Used in 2009 = 211,859 So Employment VISA available for 2010 should be 226,000-211859 + 14000 = 154141; But DOS is publishing 149200, why there is Allocation GAP of 4941?
Question: Why there is Allocation GAP of 4941?

Overall Questions,
1. Could you get explanation from USCIS/DOS on why there is Discrepancy in data?
2. Could you get explanation on How USCIS/DOS plan to reconcile data with DOS and VICE versa?
3. Could you get explanation on why there is GAP in Spill-over data from DOS for Family category to Employment Category?
Suggestion: USCIS to implement tighter Control over VISA Demand/ Allocation Process and this control needs to be tested every Quarter in Complete and reconciled with DOS rather than Sample data.

 
At May 4, 2010 at 6:38:00 PM EDT , Anonymous Anonymous said...

DEAR USCIS DIRECTOR & TEAM -

PLEASE MOVE ALL EB CATEGORIES TO "CURRENT" FOR JUST 1 MONTH. THERE ARE FEW APPLICANTS WITH NO LUCK BACK IN 2007 WHO COULDN'T APPLY OR FILE 485.NOW THEY WANTED TO APPLY AND IT WILL CONTRIBUTE TOWARDS EAD/AP FUNDS THAT IS GOOD SOURCE OF INCOME FOR USCIS. GREAT IDEA!!!

THANKS!!

 
At May 4, 2010 at 6:51:00 PM EDT , Anonymous Anonymous said...

GOOD DAY USCIS blog team,

Great Work & Thank You for listening to us..

In the year 2007 when USCIS and DOS made all EB categories current that allowed people to file change of status and EAD/AP and helped lot of people along with USCIS(collect fees towards department funding policy).

We request you to open same or make all EB categories CURRENT in May/June 2010 visa bulletin so that ONLY APPROVED I-140 people could file I-485 change of status.

After getting EAD, people will change mind and start to spend some money on US Housing and new cars that will help to boost the US economy. Otherwise, all non immigrants are transferring earned income overseas and not spending on property inturn not flowing into the US cash flow system.

If US may give legalization to 12 million illegal aliens then why not give a chance to at least EAD to 0.00012 million legal people while they are waiting for the Green card.

FOR THE USCIS to implement this RULE they don't need DOS Visa Availability.USCIS need to publish in Federal register to allow all the I-140 approved candidate to File for the Change of status and EAD.

PLEASE MAKE EB categories CURRENT in MAY/JUNE 2010 VISA Bulletin. WE ALL COULD FILE FOR CHANGE OF STATUS AND APPLY FOR EAD ATLEAST. THIS WILL HELP FLOW SOME MORE FUNDS TO USCIS TOWARDS EAD/AP FEES AND RENEWALS...GREAD IDEA!!!

 
At May 4, 2010 at 9:37:00 PM EDT , Blogger Murthy said...

As per USCIS statistics there are about 207,356 (Feb 2010) I-485 applicants who got pre-adjudicated awaiting visa numbers.Check My Case Status must reflect this pre-adjudicated status.Please update USCIS Check My Case Status page so that user can know his/her I-485 application got pre-adjudicated awaiting visa numbers.

 
At May 5, 2010 at 9:19:00 AM EDT , Anonymous Anonymous said...

We all know, there are many ways in which USCIS can help legal immigrants by clearing multiple years of backlog. We also know that they are not going to do that. There are many factors influencing this situation. Visa numbers and other so called congressional regulations are just a shield/cover used by USCIS to avoid answering immigrants and to protect them against any legal implications.

Congress can talk about helping millions of illegal immigrants but there is never a debate on legal immigrants stuck in the complicated process of getting their Green Cards. I strongly believe that what I have gone thru in last 11 years I spent in this country just to maintain my legal status is considered inhumane. I lost my freedom to move without notifying USCIS, every time I go to home country; I have to go to US consulate so they can stamp my visa and ask me all kinds of questions and I also pay for it, just like criminals on parole. I regret giving this country 11 years of my young life, paid all taxes and even today I do not know if I will ever get any benefits when I need it in future.

There are hundreds and thousands of green cards people surrender every year, there are unused visa numbers every year in some EB and FB categories. All these numbers can be used to clear backlog. They can issue EADs to people waiting for visa numbers with approved I-140. USCIS do not need permission from congress or DOS to take these steps. It is just one more excuse.

I have written many letters to USCIS, DOS (Dept. of State) and to Senators, but there has never been any response or action. Just a standard automated response. I think people who might read it do not have any clue of this process and just forwards a standard consolation with USCIS web site address to find more information.

We need to unite and oppose. We need some visibility and voice. I am sure there are people in congress and in USCIS who understand this problem and can help in resolving it.

 
At May 7, 2010 at 11:29:00 AM EDT , Anonymous Anonymous said...

I agree with many of the comments above.

According to USCIS, the visa number and I-485 are regulated process beyond their control and USCIS can not authorize any change to these regulations.

But I do see an avenue for helping people who are waiting for visa numbers and that type of changes are in control of USCIS, for example issuing EAD to people with approved I-140. This can help and boost moral of many legal immigrants. H-1B visas are really tough to maintain for long term due to the constrains like maintaining same job description, preferably same employer and restricts the mobility of this visa holder in jobs and any other type of business ventures while waiting for priority dates, also the H-4 visa is a worst type of visa status for anyone in USA.

USCIS can help simplify the process by allowing mobility to people who are waiting for visa numbers. Times are changing; USCIS should help its costumers to retain their wealth and knowledge in this country. By all means the immigration process In this country is most complicated, expensive and extremely lengthy.

If USCIS wants to control the flow of legal immigrants in this country then restrict their entry in the first place when they come here as students or investors or researchers or skilled workers, don't hold them hostage after they spend 8-10 or more years in this country. I don't believe that the immigrants should be restricted from coming to this country but seems like in recent times no one wants to hear about immigrants, does not matter if they are legal or illegal.

 
At May 8, 2010 at 1:14:00 PM EDT , Anonymous patricia said...

If it comes to rules, you tell us what you do and what not? What good has USCIS done so far to the US Economy.

 
At May 11, 2010 at 7:34:00 PM EDT , Anonymous Anonymous said...

what is the point in filing an I-140 if you still have to wait for the law to pass which allows you to get your green card. What if the president does not sign the bill into law, what happens then. What about all the monies spent in lawyer fees and application fees. don't you think its fair that we should be aware of this before we file this application. this makes no sense. I filed 4 years ago, got approved 2 years ago, but can't file for adjustment of status yet because a bill has to be signed into law. again, I say, what is the point??????????????

 
At May 11, 2010 at 10:17:00 PM EDT , Anonymous Anonymous said...

The simple solution is that issue the EAD for all those who have approved I-140,We are not asking for greencard untill unless visa numbers are available.We have family,living very stressful and uncertain life.Please help us, we also want enjoy the diversity of this great country.

 
At May 14, 2010 at 4:01:00 PM EDT , Anonymous Anonymous said...

Dear USCIS blog manager,

After reading all of the above 200 comments, can we expect any kind of response from blog team? Most of the comments indicate the problem and frustration from people waiting since many years to get the permanent residency.

If you want to use quota system in green card distribution than also implement quota system for H-1Bs, which will automatically control the backlog. I can't believe the police of the entire world, leader of democracy still implements quota system to discriminate people based on their origin. That is called double standards.

USCIS issued thousands of H-1Bs to Indians and Chinese when there was a need for their skills, now all those H-1Bs are trying to get the Green Cards so they can live a better life without the constrains imposed by H-1B regulations on the H-1B holders and their families.

I do not understand why is it such an issue for USCIS and DOS to give the rights and respect to the legal immigrants they deserve.

I really think people who have completed the process of getting approved I-140s should get EAD immediately. There should not be any delay in that process.

We are waiting for your response

Thanks
Legal Immigrant

 
At May 15, 2010 at 6:58:00 AM EDT , Anonymous Anonymous said...

I agree with Patricia...What good has USCIS done for US economy.There are people out there taking advantange of the US citizens who pay taxes.....and the illegal immigrants whos recieving all the benefits. I'm disappointed how the US system works.
If you are a female illlegal immigrant just go out find any male US citizen have one or two babies and you're pretty much welcomed to stay in the US and get a green card and the best part is the government pays all the medical bills for the birth of these childrens. The childrens are set because they recieve free of cost medical until they turn 21..Do the math so how much will US tax payer be paying... I guess that's one cause for today's bad Economy...

 
At May 18, 2010 at 2:13:00 PM EDT , Anonymous Anonymous said...

Suggestion to improve My Case Status Dashboard :

The National Processing Volumes and Trends Dashboard for Texas and Nebraska Service Centers at http://dashboard.uscis.gov/index.cfm?formtype=9&office=5&charttype=1 shows that the majority of the I-485 applications are pre-adjudicated and waiting for the visa number.

However, If we go to My Case Status Dashboard at https://egov.uscis.gov/cris/Dashboard.do, there is no indication whether our I-485 application is one of those pre-adjudicated cases or not. In my case, for the past three years, it has been showing only one status called “Initial Review” and I believe most of the employment based I-485 applications are in the same state as mine for the past three years.

I am having difficulty in correlating My Case Status states with various states shown at the trend charts. Would it be possible for USCIS to add an additional my case status to indicate whether our I-485 application are pre-adjudicated and waiting for a visa number or not?

Generally, all of us would like to have a uniform view and terminology across various reports and dashboards provided by USCIS and taking any steps towards that direction would improve the readability and would reduce number of customer service requests.

 
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