nomi
12-13 02:00 PM
Thanks. I appreciate your enthusiasm and seveal other members on this thread. Pls help us in the action items listed by IV so that we can be well prepared to undertake any campaign early next year. Let me tell you, the campaign like last week will happen again because IV will keep pushing through every crack in the door until our goal is achieved. At such times we need to have enough membership muscle, financial capability to sustain and execute the effort. All this is not built in one day but during times like this when DC is quiet.
Sure . Agree with you and Stand next to you and IV with full of my energy and resources.
Sure . Agree with you and Stand next to you and IV with full of my energy and resources.
wallpaper faded tattoos on our legs and backs…
wandmaker
10-10 01:07 PM
Just to avoid all this , You can say I'm a US citizen and move on. They cannot ask for any verification can they?
If verified, you would end up in eating ham burger.
If verified, you would end up in eating ham burger.
rajkr
06-11 01:21 PM
Dude, we are not suggesting or even thinking that we should move away from main agenda, thats there and thats where IV advocacy days aimed at. Its part of the game. You cant sail the sea without winning over turbulences. these are not if and if nots.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
Other If's you are trying to post are not in the works, if they are then its same path. You cant turn a blind eye to something that is already happening.
If you really believe that this bogus bill will become a Law, then also see the real picture, that is why I posted the other Ifs.
This Bill is titled as "Employ America Act". By having the GC, you are not an American. If you do not know the rule here it is, GC is a "Privilege", and it is not a "Right". So if this Bill passes all these people with alerady having GC will also need to pack their Bags and Go. That is the reality, dude.
So again and again do not fall over it. If you respond to this Bill, and Vote "No" against it, you are trying to send wrong messages to the originators of the bill, that we are scared. Why you guys are making everyone scared, when there is nothing to be scared about.
2011 I got a tattoo while working a
arupkumarsaha
07-28 10:54 AM
its amrit..drink of the gods...so its befitting.
What is next ?
Lord Ganesha on the ad of a cathouse called "Apsaras" , that also befits the taste of gods !
Let me also add that am so fat that people had nicknamed me "ganesh" and I raise objections at every possible reasons whenever the "ganesh" sysmbol is propley misused (like my nickname :-) .
cheers,
Arup
What is next ?
Lord Ganesha on the ad of a cathouse called "Apsaras" , that also befits the taste of gods !
Let me also add that am so fat that people had nicknamed me "ganesh" and I raise objections at every possible reasons whenever the "ganesh" sysmbol is propley misused (like my nickname :-) .
cheers,
Arup
more...
dressking
09-28 05:34 PM
Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc.
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.
But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.
Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.
We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.
Have I made it clear?
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially or academically or both. Some of us have spent up to six years or more in graduate school in the US. You would want to get a Green Card after six years working full time, wouldn't you? Not to mention, working over time for six years as the case of most PhD candidates.
But the US educated have a big problem to face after graduation. That is when it comes to work that requires work experience, they are not as competitive as those who went straight to work and have got more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot to the US financially and/or academically before going to work, and are still in a disadvantaged position, we do need some special treatments.
Also, if the US educated are allowed to set up their own businesses earlier, it would be good for everybody.
We are not trying to compete with those who are not US educated for Green Cards. We are just trying to get the Green Cards we should have gotten for the contribution we have made. Our Green Cards should not be in the same categories as yours and should not take up your quota.
Have I made it clear?
inthehole
07-18 12:07 PM
Called USCIS just 5 mins back.. first a lady answered and asked me questions about the reason of calling..
I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.
The lady asked me to stay on the line and transferred to another person.
Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)
She asked for reason for calling..
I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
i would like to know when can i expect my receipt no..
She put me on hold for few mins and came back and said
"You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"
I said I aready filed my application on June 25, before the July bulletin.
She said "listen carefully" and explained the same thing again.
I said thank you and hung up..
It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..
I explained that i am calling to find out the status of my i-485 application that i filed on June 25th. And I would like to know when will i get my receipt no.
The lady asked me to stay on the line and transferred to another person.
Another lady picked up and asked my last name.. I told my last name. (i did not spell my last name)
She asked for reason for calling..
I said to I filed i-485 on June 25th and I did not get my receipt no yet..i said
i would like to know when can i expect my receipt no..
She put me on hold for few mins and came back and said
"You have till August 17 to file your i-485. If we have visa numbers available and if your application is accepted, you will receive your receipt no before August 17"
I said I aready filed my application on June 25, before the July bulletin.
She said "listen carefully" and explained the same thing again.
I said thank you and hung up..
It doesn't make any sense.. I think(hope) she doesn't understand my question properly or she doesn't know the process..
more...
satishku_2000
07-09 03:18 PM
Her PD is 2003 .. She has a reason to be pissed off ...
2010 (Disregard the faded flower in
singhsa3
03-16 01:57 PM
Your are not wanted here and no one likes you. You are an anti-social element and should be banned now.
dont "warn" me..........you think i give a damn about your "warning"??
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
dont "warn" me..........you think i give a damn about your "warning"??
the right to speak is MINE. all YOU can do from your high horse is ban me from the forum.
i really dont care, i still think interfilers and substituters should get what they derserve. every single bit of it. may they really, truly, go to hell, and stay there indefinitely.
and NO, dont preach to me about trying to "fix" the system. the agenda here is mostly EB3, and mostly Indian, at best. the multitudes of diploma holders get pissed when i call them out for what they are...........why are THEY so sensitive and ashamed???
i have a RIGHT to be in the proper EB queue, which i EARNED, and did not employ cheap desi-employer tricks and other games to get into........if that does not answer your doubts my friend, then as i said earlier, ban me..........i dont really care either way.
i dont advertise what i have done or can do for IV. somehow, that is a little demeaning. sort of like going to a temple and offering some money and then coming out and proclaiming to one and all how generous a give you are....
more...
nojoke
09-18 12:10 AM
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
I will take it easy if you weren't intentionally insulting.
I will take it easy if you weren't intentionally insulting.
hair glorify his faded tattoo
apt29
11-11 05:00 PM
Is there any IV member in DC willing take up this task, while we work on document?
The next step is really to get an appointment with the official. We can get signatures/representation much easily.
The next step is really to get an appointment with the official. We can get signatures/representation much easily.
more...
seeker999
08-12 09:36 AM
I like the idea of separate fund for EB3.
Is there no one in IV admins /founders who are interested in EB3?
I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.
We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.
Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.
Is there no one in IV admins /founders who are interested in EB3?
I believe we need to have a EB3 wing in IV ,Ideally the max donors in EB3 ( atleast 10) can be the decision makers and can ensure EB3 voice is also heard.
We should have the % board members in IV from EB3 wing reflecting the amounts donated by EB3.
Looks like we already have Patton Boggs lobbying for IV. Did any EB3 candidate ever given an chance to interact with them. Exactly how does this work ?
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
I feel that if given a chance to talk to Patton Boggs and present our views. There can be huge amounts of funds that can be raised.
hot Beckham#39;s tattoos fade?
Nikith77
03-12 09:10 AM
Kumar1, Well said....
more...
house faded tattoo of her and
new_horizon
10-20 02:36 PM
I missed on some of the conversation here
- '92-'00 was a good economic time because of the dot com boom.
- the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.
- the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.
- the dems did that for their own purposes:
1. to gain the support of the lower income/middle income population which they did.
2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.
3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.
- the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).
- barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.
- look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).
- he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)
I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.
again be rational in your thinking.
p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).
- '92-'00 was a good economic time because of the dot com boom.
- the repubs were in charge of the house and senate, and they helped in part to frame/pass the policies during that time.
- the housing sector debacle started in the clinton era, when the dems pushed the fannie may & freddie mac to lower the lending standards to give loans to the people who couldn't afford it. though it sounded like a good objective they all knew that at one point it would boomerang.
- the dems did that for their own purposes:
1. to gain the support of the lower income/middle income population which they did.
2. to fatten their own wallets-they changed the compensation rules so that the more they loan out the more their compensation. the dem guy in charge of the loaning agencies earned 90 mil in 6 years.
3. the top two beneficiaries of contribution from fm/fm were guess who chris dodd & barck obama (barack got 130K in just 3 years). not to mention the favorable interest rates on their mortgage loans.
- the US has prospered so far because of its capitalistic philosophy. it has advanced innovation, and entrepreneurship, because innovators know they'll be compensated for their hardwork. barack recently claimed he want's to spread the wealth around which is a socialist philosophy...you've seen that in the communist countries (no growth, poverty, and low standards).
- barack has had no accomplishment at all...no executive decision made, no major legislation (bills) introduced or passed (let alone through bipartisan efforts). so all of a sudden to assume he's going to bring change is ridiculous. hillary would have made a better president of course the press decides/controls everything now.
- look at the huge spending plan he has (free giveaways to everybody)...to fund that he'll tax you and I (take away whatever money we've saved).
- he's ambiguous on everything...he changed his initial position on almost everything, and not just once (again according to the audience)
I don't think we need to go thru all this again. all i care now is my gc, and I don't think obama is for it. even if he says he's for it, you can't trust him. he'll change his position when it becomes unpopular.
again be rational in your thinking.
p.s with the limited time I had I wrote all this...so don't pounce on any gramatical errors (of course the dems like to do that).
tattoo old with a faded tattoo
abd
09-21 01:59 PM
May be approval is few hours away for you.
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
I hope approval and not denial or other RFE. My RFE is posted on 1st page of this thread and it took lot of documents. so hopefully we will hear good news...
more...
pictures lighter faded Solutions in
slowwin
07-23 07:56 AM
now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:
dresses that noticeably faded.
perm2gc
12-28 05:30 PM
For Detroit you can use http://miindia.com.
I have already posted in miindia but we have to post for every 2 hours as their will be lot of activity in the forums and our ad may go back pages.
I have already posted in miindia but we have to post for every 2 hours as their will be lot of activity in the forums and our ad may go back pages.
more...
makeup Oh, man this tattoo was so fun
bank_king2003
02-08 02:27 PM
All,
Disclaimer: I am not a ron's associate and he is not even my lawyer. just want to bring this under everyone's observations.
there is a very nice article on ron's site about how USCIS still waste visas. this is a real slavery where due to USCIS inefficiency - hard earning people like us suffer alot and the agony is that noone is there to even listen and stop USCIS from this practice. for details
go to:
Discussion thread for ImmInfo Blog article: DOS explanation of visa controls (http://www.immigration-information.com/forums/general-immigration-questions/9732-discussion-thread-for-imminfo-blog-article-dos-explanation-of-visa-controls.html)
some fine prints from the above discussion wanted to share:
Consider the fact that USCIS purport to have preapproved about 150,000 cases. All of those cases were reported to VO as ready for closure. VO's system automatically generates specific visa numbers for specific cases. If the CIS doesn't use them, they expire and are wasted. Based on the numbers provided so far, it appears that the CIS failed to close out enough EB3 cases and about 3,000 to 5,000 numbers were wasted.
If the CIS does not act on the assignment of individual visa numbers to pre-approved cases, then those numbers are wasted. That appears to be what happened last fiscal year.
by law "unused" visa numbers fall across within a fiscal quarter. So, for example, all of the unused Worldwide EB2 numbers for the first fiscal quarter (Oct - Dec) "fell across" and became available to applicants chargeable to single state limited countries - in this case China and India. If for any reason there were no unused visas in a particular quarter, then there would be no fall across for that quarter. They do not save them up and issue them at the end of the fiscal year.
Disclaimer: I am not a ron's associate and he is not even my lawyer. just want to bring this under everyone's observations.
there is a very nice article on ron's site about how USCIS still waste visas. this is a real slavery where due to USCIS inefficiency - hard earning people like us suffer alot and the agony is that noone is there to even listen and stop USCIS from this practice. for details
go to:
Discussion thread for ImmInfo Blog article: DOS explanation of visa controls (http://www.immigration-information.com/forums/general-immigration-questions/9732-discussion-thread-for-imminfo-blog-article-dos-explanation-of-visa-controls.html)
some fine prints from the above discussion wanted to share:
Consider the fact that USCIS purport to have preapproved about 150,000 cases. All of those cases were reported to VO as ready for closure. VO's system automatically generates specific visa numbers for specific cases. If the CIS doesn't use them, they expire and are wasted. Based on the numbers provided so far, it appears that the CIS failed to close out enough EB3 cases and about 3,000 to 5,000 numbers were wasted.
If the CIS does not act on the assignment of individual visa numbers to pre-approved cases, then those numbers are wasted. That appears to be what happened last fiscal year.
by law "unused" visa numbers fall across within a fiscal quarter. So, for example, all of the unused Worldwide EB2 numbers for the first fiscal quarter (Oct - Dec) "fell across" and became available to applicants chargeable to single state limited countries - in this case China and India. If for any reason there were no unused visas in a particular quarter, then there would be no fall across for that quarter. They do not save them up and issue them at the end of the fiscal year.
girlfriend tattoo styles faded tattoo
delhiguy
07-04 08:03 PM
Excellent
I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.
If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.
If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
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newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
thomachan72
07-13 09:20 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D
Interesting question. You are probably quite accurate but there still remains some hope of a few months movement:D:D
coolmanasip
03-07 09:41 AM
see the responses......
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
What if my employer is definitely going to revoke my approved I-140 upon my resignation (past 180 days)? Do I need to file "Notice of I-140 Portability"?
---------->>COLOR="Blue"]In this case, you should definitely send the AC21 letter to USCIS. If you send the letter, you employer revoking your I-140 has no effect and the USCIS will keep the AC21 stuff in your file and process/examine it when your date becomes current. If you do not send the AC21 letter and your employer revokes I140, then USCIS will send you a Notice of Intent to Deny (NOID) and you will have to respond to that in stipulated time of one month. If you are absolutely sure that employer is going to revoke I140, please go ahead and send the AC21 letter rightaway.....[/COLOR][/I][/I][/I]
Also, in the above posts when people are saying that almost no support is needed from the new employer to keep 485 process going smoothly, is it safe to assume they are changing jobs using EAD and not doing H1B transfer?
-------->>does not matter either ways for AC21.....H1 transfer or EAD....
One more question, my employer will revoke my I-140 and my H1B. How long can I be without a job after they do that? Are the above actions of my employer very likely to result in a RFE from USCIS? If so, what will USCIS ask for in RFE?
----->>> If you fear of being out of job immediately after leaving job...DO NOT Do This........because as per your say, if your employer revokes 140, then you will get a NOID and you have to respond within a month with another job offer and AC21
Thank for all the advise.
---------------------------------
Contributed $100.
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