grinch
03-07 05:56 PM
alright eilsoe, good entry man, pissed that you couldnt get time, but heck, no one has time eh?
Its ok, good work!
Its ok, good work!
wallpaper Edge with Lita
vandanaverdia
09-12 02:32 PM
You and me together can make a difference...
Lets all stand up together & be heard!!!!
Come to DC!!! GO IV!!!
Help IV help you....
Its now or never...Or else it may be too late....
Lets all stand up together & be heard!!!!
Come to DC!!! GO IV!!!
Help IV help you....
Its now or never...Or else it may be too late....
sapota
08-15 05:21 PM
wonder what that means for India-China EB2 in the October Bulletin. Will the retrogression be back to Jan 07 dates?:confused:
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
Doubt that it will go back from here. There will be new visa numbers available in Oct 07. So it should only move forward IMO.
2011 Edge Lita: Lita amp; Edge
mayhemt
02-10 10:28 AM
Can anyone suggest hotels and/or if already booked can you post those hotel name & locations?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
Also, just a suggestion, this thread is getting complicated as far as matching donors with travelers is concerned... May be create a Google spreadsheet with all the donors (miles, accommodations) and match them with travelers from just one central location?
more...
praveenat11
09-26 01:28 PM
Thanks immigal for ur help
vin13
03-09 12:22 PM
This is horrible. Does not make much sense.
more...
greyhair
06-10 02:06 PM
There is no point in arguing with each other just to see this bill in a manner to exclude each one of us. EAD is work authorization even when it is not a visa. The intent of the bill will matter. The clear intent is to not allow hiring of non-citizens by companies engaged in mass layoff, which could include EADs. What's the point of arguing if someone gets an RFE for employment letter? It's not relevant.
What should/can we all do to prevent this from passing? What does IV core want us to do?
What should/can we all do to prevent this from passing? What does IV core want us to do?
2010 dresses Edge meets Lita amp;
rimagupta
07-05 03:26 AM
Not sure if our assumption of "only 100k already applied" is correct. In 2005, there were approximately 250,000 EB green cards granted - the numbers are close to 147,000 for both 2006 and 2007. I'm not exactly sure, but there were at least 200,000 more EB approvals from 2002-2004.
There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?
In addition, many 2001+applications are still stuck at namecheck.
Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.
Source:
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
others: various law firm sites, including
www.ilw.com
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument
------------------------------------------------------------------------
Estimated new 485 filings. : 700K is conservative. May be wrong too.
LC s certified from BEC: about 200K (from 2001 to 2005 filings)
PERM Certifed labor: About 200K (from Mar 2005 to June 2007)
Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.
The dependents for 300k will be 450K (1.5 times primary)
So total AOS applicants will be 750K just based on LC. Excluding EB1.
-----------------------------------------------------------------------
There were 200,000 EB1 cases approximately from 2001-7 (In 2005, EB1 approvals were close to 40k out of a total of 250k GCs). If only 100k LCs/PERMs from 2001-7 were able to apply for 485 then it means 400k (250+147+147+200 - 200-150) applications that were adjudicated from 2002-2007 were from 2000 or prior to 2000 cases. Could this be true?
In addition, many 2001+applications are still stuck at namecheck.
Besides, all EB2 ROW cases filed under PERM were able to file for 485. These alone may contribute to at least 70k PERMS.
Source:
http://www.dhs.gov/xabout/structure/editorial_0482.shtm
others: various law firm sites, including
www.ilw.com
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument
------------------------------------------------------------------------
Estimated new 485 filings. : 700K is conservative. May be wrong too.
LC s certified from BEC: about 200K (from 2001 to 2005 filings)
PERM Certifed labor: About 200K (from Mar 2005 to June 2007)
Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.
The dependents for 300k will be 450K (1.5 times primary)
So total AOS applicants will be 750K just based on LC. Excluding EB1.
-----------------------------------------------------------------------
more...
saggi13
01-22 01:52 PM
Its been 8 yrs, 2 recessions, 3 layoffs, marriage, baby, home, an expensive car, and lots of ego.
And, I am still the same!!!!
8 yrs of work, and i grow to become a PM (do my PMP and have a vision to become a program manager some day), and get an assignment at a very good financial firm and with a very good pay per hour as a contractor. I look at my life and go, now that i have what i want, i can go ahead and get more (i go back and think about how i initially came to the country with just 90$ in my pocket and on a H1). So, i start planning about buying a house.
Dont buy a house!!!!!
Parallelly, there is a discussion every where about housing bubble, and how good it is to buy a home now, and "now or never". While others at bay are pleading not to buy a home, because it is about to explode. The ego says, you are invincible. So go ahead. So I do.
Ego!!!!
I look at my 9 month old daughter and say, "she needs an own home and lots of place to run around and play", and not an silly apartment. Afterall, it is your daughter, genius! So, i bring all my money together, leaving almost nothing for reserves, thinking of the job i have and how good i am with the job, and finally purchase the home. Real estate agent milks me and I never see it coming though my wife suggests the same. Issues logistically at closing and some stress and all of it comes to a positive end in about 3 hours.
Stroke!!!
Finally I take the keys, I come home and put the keys in my daughters hands, and my new manager from work from last week calls. Phone is ringing. (The manager that brought me on board 2 months ago leaves the position, and i kept wondering why). I am smiling as i take the call thinking this guy is going to congratulate me, about the purchase of the home. But, 4 minutes later I am shaking and its sweat and i drop like a fly in the chair.
Wife looks at me and says whats wrong? I tell her, I dont have a job any more, and it ends in 2 weeks. For 8 yrs, a number of times I did think about buying a home, and I have always kept away from it for the fear of losing the job, but now (well done EGO!), and I have a home. That too, it had to happen the same day that i closed on the home. I tell myself this is a long time coming.
God!!!
So, while being on bench and employer paying nada, I try to find jobs with all my previous managers, sr.vps, directors who I used to stick with, and nada...no one has a job for me. Start using credit cards and the little reserve for mortgage payments.
Luck!!!
2 months down the lane, the same manager calls and offers the same job, but with 15% rate cut. By this time, I am anout 7k in debt, and then have no choice but to accept the position.
Intelligent!!!
So, I start work with the same good financial firm again, thinking I will make the best out of the worst and will in no time succeed again (Ego). I am making about 1400$ less a month, but the spirit is high, as there is some income vs. none.
Luck!!!
4 months down the lane, debt goes to 10K as the money is insufficient, and the salary helps paying bills but not past debt. Then, it happens again. All news networks say that there will be mass layoffs in the next 3 years and could be upto many thousands.
Am I one of them?
So, i talk to my employer, previous managers, directors, sr.vps and every one else and I start looking around for a job again. One of my previous managers from the last place I worked at, says she has a gig, but as a tester. She knows I am looking for PM, but thats all she has. I worked for her as a project tech lead before.
From PM to tester!!! From Devil to human!!!
Have no choice and I am scared already. so, I put my ego aside, call my pride and take the job as a tester. Still making 1200 less from when i brought the home (been 9 months now), daughter is 18 months, still have the home and the car, but not the same person any more. Debt at 11K and waiting for tax returns to erase some of the debt, and request wife to start looking for jobs.
Dont eat out, dont spend much, cook at home, cant think of fancy trips, but still have food to eat with hard earned money, and praying for all those who are
not able to make ends meet.
with all this going on for an year for now, I dont have time for GC any more.
Do you?
I still love my life whether depressed or surpressed - hahahahha!
And, I am still the same!!!!
8 yrs of work, and i grow to become a PM (do my PMP and have a vision to become a program manager some day), and get an assignment at a very good financial firm and with a very good pay per hour as a contractor. I look at my life and go, now that i have what i want, i can go ahead and get more (i go back and think about how i initially came to the country with just 90$ in my pocket and on a H1). So, i start planning about buying a house.
Dont buy a house!!!!!
Parallelly, there is a discussion every where about housing bubble, and how good it is to buy a home now, and "now or never". While others at bay are pleading not to buy a home, because it is about to explode. The ego says, you are invincible. So go ahead. So I do.
Ego!!!!
I look at my 9 month old daughter and say, "she needs an own home and lots of place to run around and play", and not an silly apartment. Afterall, it is your daughter, genius! So, i bring all my money together, leaving almost nothing for reserves, thinking of the job i have and how good i am with the job, and finally purchase the home. Real estate agent milks me and I never see it coming though my wife suggests the same. Issues logistically at closing and some stress and all of it comes to a positive end in about 3 hours.
Stroke!!!
Finally I take the keys, I come home and put the keys in my daughters hands, and my new manager from work from last week calls. Phone is ringing. (The manager that brought me on board 2 months ago leaves the position, and i kept wondering why). I am smiling as i take the call thinking this guy is going to congratulate me, about the purchase of the home. But, 4 minutes later I am shaking and its sweat and i drop like a fly in the chair.
Wife looks at me and says whats wrong? I tell her, I dont have a job any more, and it ends in 2 weeks. For 8 yrs, a number of times I did think about buying a home, and I have always kept away from it for the fear of losing the job, but now (well done EGO!), and I have a home. That too, it had to happen the same day that i closed on the home. I tell myself this is a long time coming.
God!!!
So, while being on bench and employer paying nada, I try to find jobs with all my previous managers, sr.vps, directors who I used to stick with, and nada...no one has a job for me. Start using credit cards and the little reserve for mortgage payments.
Luck!!!
2 months down the lane, the same manager calls and offers the same job, but with 15% rate cut. By this time, I am anout 7k in debt, and then have no choice but to accept the position.
Intelligent!!!
So, I start work with the same good financial firm again, thinking I will make the best out of the worst and will in no time succeed again (Ego). I am making about 1400$ less a month, but the spirit is high, as there is some income vs. none.
Luck!!!
4 months down the lane, debt goes to 10K as the money is insufficient, and the salary helps paying bills but not past debt. Then, it happens again. All news networks say that there will be mass layoffs in the next 3 years and could be upto many thousands.
Am I one of them?
So, i talk to my employer, previous managers, directors, sr.vps and every one else and I start looking around for a job again. One of my previous managers from the last place I worked at, says she has a gig, but as a tester. She knows I am looking for PM, but thats all she has. I worked for her as a project tech lead before.
From PM to tester!!! From Devil to human!!!
Have no choice and I am scared already. so, I put my ego aside, call my pride and take the job as a tester. Still making 1200 less from when i brought the home (been 9 months now), daughter is 18 months, still have the home and the car, but not the same person any more. Debt at 11K and waiting for tax returns to erase some of the debt, and request wife to start looking for jobs.
Dont eat out, dont spend much, cook at home, cant think of fancy trips, but still have food to eat with hard earned money, and praying for all those who are
not able to make ends meet.
with all this going on for an year for now, I dont have time for GC any more.
Do you?
I still love my life whether depressed or surpressed - hahahahha!
hair wallpaper with lita
kenpat
02-21 04:49 PM
Guys,
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
The reason I say one year is because the uscis has maintained you need to be out of the country for 1 year if your h1b has expired before you can reapply.
more...
conchshell
08-13 04:15 PM
Each Year un-used FB (Family based) visas are given to EB (Employment based) in coming year. Last year CIS did not use 22704 FB visa which is added to 140K EB count for 2008.
that means Eb2 india has more than 40k visa available ... that explains it why EB2 India and China has moved from June to August 2006.
that means Eb2 india has more than 40k visa available ... that explains it why EB2 India and China has moved from June to August 2006.
hot tagged WWE Edge Lita Adam
abd
09-23 01:54 PM
Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
The RFE response was received on Monday morning . The status changed as review on Monday night and i got approval email today around 12.00
more...
house Lita Ford Danin#39; on the Edge
alterego
07-04 08:31 PM
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.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
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.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
tattoo Lita and Edge - Bring Me To
nomi
12-12 04:37 PM
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD
more...
pictures Lita amp; Edge
Green.Tech
03-05 05:16 PM
There should have been one more option -
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
5. I will be buying a house now since I am on H-1B, and also have a pending I-485 and approved EAD
There may be many like me who would vote for the above. But I guess this would probably be detrimental to what this poll is trying to achieve?
That is exactly what I mentioned in one of my previous posts in this thread...but it conveniently got ignored :)
dresses WWE Diva Lita, The Lita amp; Edge
NKR
07-03 11:09 PM
May I suggest the following reservations:
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people
Notfunny dude..
20% Other Backward Countries (OBC)
15% Scheduled Countries (SC)
15% Scheduled Territories (ST)
5% Kins of the armed forces
Remaining 55% for Highly Skilled people
Notfunny dude..
more...
makeup 022606edge3 Edge and Lita
GCVictim
06-11 08:04 AM
sent TX sentors
girlfriend Front cover Photo of LITA FORD
tomatocup
09-19 04:25 PM
Million thanks to IV's superior organization. I am glad that my friends and I attended this event. It's just a little sad to see the local news channels reported the small protests by illegal immigrants in the Prince William County in MD but not our well-organized rally. Many people passing by us still think we are undocumented. I fully support the ideas from other members that we should highlight "LEGAL" everywhere.
hairstyles WWE Lita and Edge - Amy,
vin13
03-18 04:37 PM
If you are in need of air miles or would like to donate air miles, please PM me with your name and phone number.
I will not be able to coordinate if you do not provide me with your phone number.
I will not be able to coordinate if you do not provide me with your phone number.
gccovet
02-19 01:09 PM
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).
http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html
GCCovet
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).
http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html
GCCovet
uma001
10-01 09:58 AM
I work at one of these companies & they applied for my GC.
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
1. This company only applies only after you get certain level of ranking in your year-end appraisal - disclosed during hiring process
2. You must complete x years of service.
3. Right now, economy is down & they won't apply if they feel that Labor application is going to get rejected; as it hurts their reputation & process.
I know one person in my company - whom company denied GC 'cos of Labor market but now they are starting the process of the person..(once law firm gave the green light)
So just saying - these companies don't apply - is not right.
Also, once everything is ok - you need to realize that sponsoring GC is approved by your manager as all the associated costs are allocated to his/her cost center; so company as such doesn't have issue with the cost.
Dont trust these kind of companies. if you don't get good rating in appraisal , you will be laid off .
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