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  • FinalGC
    02-28 04:03 PM
    This article was written by IV sometime back. I think this is an excellent article, iIf you have it good, please ignore this posting....

    Dude, where's my green card?

    By Salil Pradhan

    While a fierce battle is raging over immigration reform for unskilled and undocumented workers, we the high-skilled, legal immigrants are struggling for employment-based permanent residency. The wait, intended by Congress to be one year or less, can now be up to 10 years in certain categories.

    I am a high-skilled, educated, legal, tax-paying resident of Stillwater, having dual master's degrees from Oklahoma State University. My wife obtained a Ph.D. from OSU and works there as a post-doctoral research scientist. After filing a plethora of immigration forms, paying exorbitant fees and waiting almost 5 years, our permanent residency application process is still in a state of limbo with no end in sight. In the absence of permanent residency and the associated uncertainty, we have missed several opportunities of economic investment and scientific research.

    People presume that since we are highly qualified and legal residents, it would be a matter of one to two years to obtain permanent residency. On the contrary, I, my wife and thousands of highly skilled, highly educated legal immigrant members of Immigration Voice ( are stuck in a bureaucratic mess that has shattered our American dreams, stagnated our careers and prevented us from realizing our true potential.

    The U.S. employment-based green card process is in need of a major overhaul. Hundreds of thousands of applicants have been stuck in the three-stage green card process � some since 1999. These highly skilled workers take up jobs for which qualified American citizens cannot be found. Though it's hard to imagine that a qualified American worker cannot be found for some high skilled jobs, there are several explanations for this disconnect.

    More than 50 percent of American graduate degrees in science and engineering go to foreign students, a majority of whom continue to stay in the United States and work on H1-B visas. A shortage of American graduate students translates to a shortage of American workers in skilled positions such as chip design, materials science, microbiology or nursing. Also, qualified Americans may be unwilling to relocate to a particular location. This is especially true for physicians working in under-served areas.

    Many misconceptions about H1-B visa holders have been propagated by largely anti-immigrant lobbies the most prominent being that they take away American jobs and are low-wage workers. The truth is that an H1-B visa holder can only be hired if a similarly qualified American citizen cannot be found. Also, the minimum H1-B wage, determined by the Department of Labor, cannot be less than that offered to an American worker in a similar job.

    Another myth is that H1-B workers don't pay taxes. Be assured that all H1-B workers pay taxes equal to what American citizens pay, including Social Security and Medicare taxes.
    If Congress passes S. 2691 and H.R. 5744, which Sen. John Cornyn, R-Texas, and Rep. John Shadegg, R-Ariz., have respectively introduced, America would undoubtedly become more competitive by ensuring availability of adequate high-skilled immigrants and by eliminating some of the red tape that plagues our legal immigration system.

    Pradhan is a member of Immigration Voice.

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  • Almond
    01-01 06:04 PM
    I always loved this board for what it does - especially the Gurus who always spend their precious time giving input to member's queries. Well... this is not query. I just want to vent my frustration, helplessness to fellow friends in this board. In spite of graduating from a reputed univ with a Masters and very good GPA and also having 7 years of professional experience, I am bound to be a slave to my current Employer without any promotions, career growth or anything remote to that for next (God knows how many Decades) several years. ppl who are junior to me in every aspect are growing left and right and are also getting brighter opportunities. I dont care if you guys think I am jealous of them.... But does God really exist ? sorry for wasting your time with this depressing note. I guess there is a limit to how unlucky I can be !! call me a cry baby but I am one real unlucky individual !

    I know exactly how you feel because I felt that way every single day for over 8 years (look at my priority date) and even years before I sent in my i485 application. It is just the worst feeling of hopelessness and constant worry because you don't know what's going to happen and when is it going to happen, and you can't even do anything with your life because you don't know the outcome of the whole thing. I know exactly how you feel. I finally got my GC this year but I think what I went through I will never forget. I hate it when people try to make others feel better with story examples of unfortunate people from poor countries or alcoholic parents or whatever stuff of that kind, because no one who is going through something so emotionally charged as feeling like a caged bird with no future is going to take those examples and all of a sudden go AHA and feel happy, however, as someone who was where you are and who waited for over a decade to get to the final point, I can tell you what I now know I should have done while I was waiting. I should have learned a language, I should have read more, I should have acquired more hobbies, I should have learned some extra computer skills. I finally got my card and I have to start from zero because I spent so much time just concentrating on my job and my misery and on other superficial things, and now, in order to finally move on I am home on the 1st of the year surrounded be a million "how to" books in order to be able to learn new things and get a better job that is obviously going to require more skills. The only thing I give myself credit for is starting an "after GC goals" list, because I have been doing things I always wanted to do and enjoying it, and crossing them off my list.

    Also, I don't think you're really being jealous, I think you're just upset that other people with similar or less skills than you get to move on to better things, and that's really, very normal. I was there too, and tons of people on here go through the same thing. Life is unfair that way sometimes and it's all about how you make your lemonade out of lemons. So, my advice to you again is to use this waiting time to learn new things, even if you practice calligraphy, just keep busy, do something, so when you finally reach the end of the line you can say, f this, this took forever, but at least I don't feel like a damn loser.
    Like me :D.

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  • kshitijnt
    10-07 02:46 PM
    Dont expect much until March anyway. Until then relax, enjoy , take looong vacation and have fun :)

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  • garybanz
    11-29 05:11 PM
    No need to fill another form.

    Thank you!


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  • Caliber
    04-02 02:40 PM
    ...$100. Good Luck for everything and keep the Faith! :)

    Thank you so much mantagon. A ray of hope in between such stupid posts.

    God bless you.

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  • singhsa3
    08-13 06:54 PM
    Fact Sheet: Who's Looking Out for You?

    Green Card Visa Numbers Situation
    • The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
    • Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
    • Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
    • It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
    • If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
    • Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
    • USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.

    What do these jargons mean?
    • Priority dates (PD) will remain retrogressed for several years.
    • Those who could not file their I-485 now will now have to waitttttt…..
    • Due to resource constraints, security checks may take years.
    • Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    • Endless cycle of EAD renewals and Advance paroles.
    • If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
    • You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
    • EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
    • Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
    • So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.


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  • walking_dude
    10-05 11:47 AM
    I sent them my share of brickbats. Have you?


    Dear Sir/Madam,

    In your Online Edition the following section in a news item is misleading and misinforming.

    HIGH-TECH EMPLOYERS get lift from House Republican letter to Speaker Pelosi urging passage of immigration bill to help "attract and retain" high-skilled workers. But in the poll, 56% of Republicans earning more than $75,000 annually would "strongly" or "partially" agree with candidate who would bar illegal immigrants from path to citizenship.

    High Tech Employers DO NOT employ "Illegal Aliens". All immigrants sponsored by employers are law abiding LEGAL immigrants. Your news item is defamatory and libelous to legal Highly Skilled Immigrants who have been waiting for years, some as long as 6-7 years.

    Please take corrective action to rectify the mistake ASAP.

    Thanks In Advance.


    We gave flowers. Now lets give 'em some brickbats -


    Let the E-mailathon begin

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  • eb3India
    10-17 02:25 PM
    Well my story isn't really as bad some of the stories described here but the last 4 years of waiting for the freaking LC to clear has pretty much screwed up my wife's career. There have been days of utter frustration, fight and bad days for us because of the "dependent" visa.

    Its not like my job is great either. I am stuck in the same position for the last 5 years because of the freaking labor certification. Looks like I will be stuck for another couple of years. If I bail out now and leave for India it will be hard to find a suitable position because I have been unable to move up because of GC and at the same time my wife will have the impossible task of finding a job after 4 years of unemployment.

    For this reason I am wiling to gamble at least another year or two, so that my wife can work and I can get a better job and then we can start thinking about where we really want to settle :) Gosh, never knew trying to settle in US with a GC will be so unsettling :(

    Gar Gar ki yahi kahani, ( it's typical story for any immigrant family),

    main issue for us now we had invested so much time on this f** GC, we can't bail out now, feel like we are so close,

    for myself I don't have that much energy left in me to go back to start allover in India, worest case scenario I just want to stay couple of more years and save as much as possible and go back to India for semi/retirement


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  • dilipb
    06-23 05:26 PM
    Too tired to type, Please send me your phone number via a personal message. I will try to explain this to you.

    Update: I called him and explained.
    Hope that helped srikant.

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  • smisachu
    09-27 05:28 PM
    Good idea. lets do it. We need to keep the ball rolling and create awareness among public as well as law makers.

    This was discussed before and I cannot find it now..but here is an extension of the degrees idea.

    1. Get everyone involved in the GC process to make a copy of their degrees/ qualifications/ certifications/ patents/ papers/ publications/ etc

    2. Format it into standard size (perhaps A4)

    3. Get a stamp on each of those sheets that says 'TRASH' or something else - maybe 'REVERSE BRAIN DRAIN' or 'KEEP TALENT IN THE US' - we can work that out. - it has to be bold, in RED, if possible across the page.

    4. Get each State Chapter to create a binder/ maybe more if we can get enough participation.

    5. We can submit a copy of that to local congressman and senators. We can also put all states together and send that to the White House, perhaps.

    This will take a lot of coordination from all state chapter...but it is doable.
    Any thoughts???

    Please don't shoot me down if you don't like it :) I just wanted to put my 2 cents in :p


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  • asdfred
    08-10 11:30 PM
    i do not know how this lawyer got it..but i think the bulletin is real
    only hope now is ppl before May 8 are adjudicated and clear the queue to avoid retrogression in october..
    chill out friends..

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  • sanju
    11-15 01:39 PM
    here is what i suggest:
    create a yahoo group or blog..and have ppl publish the name anonymously of the desi bloodsuckers...some kind of activism is required..instead of coming on this board like some ballless buggers and crying like babies...grow up and take back ur life...bytch..;-)

    btw..i am not in IT so..i dont have to deal with suck suckers.. i have read so many posts abt this.. i am fed up..

    I guess H1Guy wants to report this to DOL, which is strides ahead of merely creating some yahoo group and "cry like babies" in that yahoo group. He wants to take concrete action, but you are suggesting to continue to discuss anonymously on some forum. I am confused :confused:



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  • saileshdude
    02-11 03:29 PM
    Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok. Unless the BS was a three year degree and you did not have the required experience.
    From USCIS perspective to qualify for EB2 you should be Masters or BS +5 experience.

    I think if this is true you have a good chance to fight this.

    Looking at the Labor cert , it says "Masters degree" and NOT "Masters or equalent". that might be the caused the I140 denial .

    Any one had this situation before ?


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  • dudes2006
    02-10 07:04 PM
    Project_A - Were you able to file eb2 and got approval after completing online MS ? Also how does uscis treat online MS compared to full time MS for eb2 approval ?

    I also have 3 year degree+1 year PG+ 20 years progressive experience. how can i get approval under eb2 ? I heard that uscis is now stricly looking for 4 year degree for all eb2 approvals.


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  • sorcerer666
    04-21 01:53 PM
    thanks Michael chertoff

    Not baby sitter. I want to take care of my parents.

    it is part of our culture, we all live together forever.

    well then since its such a problem that they come and go so frequently, have you considered to move back home and go to US every few months to keep the greencard?? Why are you making them travel so frequently so that you can stay with them ??

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  • sparklinks
    07-20 02:40 PM
    I just call USCIS , she told me to wait until Aug 2nd week to get receipt# or to see chased checks.


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  • leo2606
    10-24 08:52 PM
    I don't think you need to get scared for this.
    Eventhough USCIS center system accepts the finger prints, FBI system may reject for the quality of Finger print reason.In that case one can get another notice.I did read this some where in FBI or some immigration attorney's FAQs.If I re collect I will post the link.

    We(my husband,my two kids,and I) did finger printing on July 19,2007. Now My older son 13 years old got finger printing again. Why?, what does it mean.
    I am scared

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  • atlgc
    09-14 09:14 AM
    i bought mine after 140 approved but before 485 applied

    i enjoy a lot and took a chance let see how it turn out in a long run (good or bad choice).

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  • h1techSlave
    07-01 01:46 PM
    I thought Obama administration has practically stopped all kinds of enforcement activities. For example mandating e-verify on all employment. Such a move would not punish the undocumented directly, but only the employers. But Obama administration is filing law suit against States who have mandatory e-verify.

    Undocumented Immigration can be solved within a week. But no politician or anti-immigrant wants to talk about it.


    Just put some US citizens who hire undocumented in Jail and then nobody will hire undocumented. All undocumented problem will be solved. But nobody wants to enforce laws on US Citizens. But everyone wants to enforce laws on undocumented because they do not see these undocumented as human beings.

    Instead of deporting 14 million undocumented, and wasting money on this. Just punish 1 thousand US citizens for employing undocumented. I am sure you will see some hidden anti-immigrants being jailed too. The greedy employers promote undocumented immigration by employing them, exploiting them and paying less salary. Why not punish the employers.

    No anti immigration site wants to actively work on this action item. WHY?

    04-09 06:32 PM
    i'll break my word for one last piece of advice for my sensistive friend:

    "The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."

    no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have my respect, you are too good in that case to waste your time complaining about this stuff.

    Probably, that's the reason why most lawmaker ignore us because of these comments. For them, we are aliens. We are not their contituents. And I think these country centric comments makes it worse.

    06-23 02:30 PM
    This thread can be closed, since I have found a resolution related to my concerns.


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