imneedy
05-06 02:27 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
what are the next steps?
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delax
07-13 08:19 AM
This is just a stunt. WHy did she wait allthese days to write this letter. Now when everything falls in place by others efforts, she wants people to think it is because her effort all these things are happening. I hate murthy or your murfhy.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
serg
07-01 09:54 PM
When prominent business houses like Microsoft, Google, Cisco, Oracle and organizations like AILA seem powerless when it comes to influencing senators, lawmakers and government organizations like USCIS and DOS, what can IV team do to change the policies. Sorry I did not mean to criticize, but that's the truth, unfortunately!
At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)
At the time when nobody could, Sir Alexander Fleming find out about penicillin. But we are not alone tho ;)
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franklin
04-23 02:31 PM
Thank you Nor Cal members, on behalf of 1 member who was unable to attend. I encourage those not already part of the Nor Cal Yahoo group to join it.
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
There are roughly 10 members trying very hard to boost activity without our section, and it encourages me that there were around 50 or so representatives at the meeting.
Stay active, join your chapter!
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qesehmk
02-12 12:27 PM
Folks,
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
mjadala
03-17 02:48 PM
My PD is Nov 2004. Filed 485 in July 2007.
more...
Macaca
06-13 05:23 PM
Please post your concerns in Employment Based (EB) Skilled Immigration Applicants (http://boards.msn.com/MSNBCboards/thread.aspx?boardid=1042&threadid=314286&boardsparam=Page%3D2)
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angelfire76
09-28 04:33 PM
Having worked for short periods of time in Germany and Netherlands, I would say that they very much make you feel that you are a foreigner, you can never fit in and are most unwelcome in the country. What irked me is the attitude that they will take your money gladly but don't want you there.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
In fact when I was looking for accomodation in Stuttgart the first thing the landlords asked me was "When are you going to leave?".
The US may have it's faults, but I've never been asked that question by property owners, only by consulate officers.
No thanks, I would rather move back to India than work as a third-class citizen in Europe. :mad:
Somebody said our own Asian migrants are against us. I can see their viewpoint. We are perceived to pose a threat to the well-being of their children and they do have a sense of entitlement just because they happened to come here earlier. Can't change that attitude. We can also see that in some people who haven't yet got their green cards or are newly minted resident "aliens". E.g. Entitlement due to Master's degree from US, Consultants vs FTE, Desi company consultants vs American company consultants etc. Did we ever stop and think that the system does not even need to play "Divide and Conquer" in a house already divided?
I frankly think that to an average joe in the US all of us are just another brown guy or chinaman etc. (apologies to the non Asian members of IV) and we don't need to feel that we are somehow superior to the other immigrant.
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h1_b_visa_holder
05-23 03:41 PM
What about those who try to speak English but sound like Hinglish (North Indian including Punjabi, Jath et al), or Bonglish (Bengali ) or Inglish (Gujarati -- "In evening I had heavy 'snakes' ).... are all of them (including you) just some "computer operator" ?
You guys are funny..
Here are some more I was enlightened in an accent neuteralization class
SOUTH INDIAN enveee-ron-ment, es (Yes)
NORTH INDIAN UP/BIHARI ishtylye, ishkool
PUNJABI (Waalcome (Welcome))
:D:D:D
You guys are funny..
Here are some more I was enlightened in an accent neuteralization class
SOUTH INDIAN enveee-ron-ment, es (Yes)
NORTH INDIAN UP/BIHARI ishtylye, ishkool
PUNJABI (Waalcome (Welcome))
:D:D:D
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chicago60607
09-10 10:53 PM
The above post quoting the Siskind's blog concurs with what I was told.
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
Hey Yall,
I just called the House Judiciary Committee to inquire about the webcast link not working and the reason sited was that "thats due to the hearing postponed until tomorrow".
So, no more hearing for the day and it resumes tomorrow. I did forget to ask for what time it starts, may be someone else can check on it.
more...
StarSun
02-23 08:16 AM
Thank you Vin13 and Sukhwinderd for keeping track of the air miles and carpool/hosting details.
Members, please come forward with your generous donations to help fellow members mitigate costs associated with the advocacy efforts.
Members, please come forward with your generous donations to help fellow members mitigate costs associated with the advocacy efforts.
hot The biggest boss Rick Ross
go_gc_way
12-28 07:19 AM
Bump /\/\/\/\/\/\/\/\/\
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gimme_GC2006
05-12 02:48 PM
While I wait for GC and chewed up all finger nails, I thought its good time to think about adding a qualification to myself.
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
I do not want to spend rest of my life in development. :cool:
I was doing some research on Online MBA (no..not the diploma mills or degree printing ones)
My criteria was,
1) Institutions that require GMAT
2) AACSB Accredited
3) Has some sensible ranking in USNews or Financial Times or Business Week
4) Can be done without leaving current job (occasional visit to universities are fine with me)
Here are the universities I came up
1) Warrington College of Business, Florida (USNEWS ranking)
2) WP Carey, Arizona State University (USNEWS ranking)
3) Kelley Direct, Indiana University (highly regarded)
4) Penn State World Campus MBA
And then there are many $$ category colleges which I didnt bother to check..I can't pay those fees :)
Now, can any one suggest or comment or refer to any other college?
Also, what kind of disciplines we should check in an MBA..I dont know if MBA finance will be good..as such I have no preferences. (anything related to Investment banking etc will be good though)
tattoo check out Rick Ross tats
coolmanasip
03-07 09:45 AM
you are lucky man.....what you say makes sense.......but here is the reality.......
GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
GC process is 3 step process and the lawyer is representing you (485 stage) as well as the employer (labor and 140 stage)........So, if you leave the employer, most lawyers will refuse to continue to represent you unless they authorized in written by the employer....it is a conflict of interest for them.......hence, I think I will go to some other lawyer for AC 21......and thats why the money.....
It is bit shocking to know that one will have to pay for just AC21 notification. I mean, if you already have lawyer associated with your GC file, which I believe, most of us should have either appointed by our employer OR hired by ourselves (Many companies give a choice to hire "your own" lawyer). I understand that since one change the employment, the general criteria is to assume that the lawyer (If paticularly appointed by past employer) is now no more attached to the case. But in truth it is not. Fulfilling AC21 notification is part of the whole end to end package since case remains same unless you notify USCIS to change your attorney. In my case I was given a choice to hire "My Own lawyer" and once I started to work on EAD, virtually now he is my lawyer not "my employer's lawyer" and hence he will be sending AC21 related paperwork to USCIS though he told me that he would not do it right now as he is busy with H1 filing load. And yes no extra cost involved..
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namecheck3yr
02-21 11:32 AM
I am trying to immigrate to this country. I feel that I have my own responsibility to make this country a better place. From my own experience, I know that the namecheck is the most ridiculous process, needs immediate fix:
1. What is the legal base? No legal base makes it become such a black hole.
2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
7. No transparency, nobody knows how they do it.
8. Not responsive, you cannot get any meaningful response except those excuses.
9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.
1. What is the legal base? No legal base makes it become such a black hole.
2. No time frame, they can use �case by case�, �national security� as excuses to randomly delay your cases.
3. It�s a lottery, we can only pray, some people get it cleared in one month, some more than 3 yrs.
4. Case by case? We�ve got a lottery program. Where is the justice, the fairness? How should those affected people plan their living and become a productive citizen?
5. National security? You should not give those �terrorist suspects� more that 3 yrs of freedom! Should it be done earlier before they enter this country?
6. The 911 terrorist attacks did not directly affect most people, but name checking makes many people very anxious. They are amplifying the effect of the terrorist attacks and that is what the terrorist wants. What is the efficiency of this measure?
7. No transparency, nobody knows how they do it.
8. Not responsive, you cannot get any meaningful response except those excuses.
9. You are guilty first, you do not have any chance to provide any assistance to them, and they won�t request any either.
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jungalee43
01-19 05:49 AM
I had posted this statistics last year on IV. I had done good research to arrive at these figures. I hope the figures will open eyes of people who are bestowed with 'blissful ignorance'.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
http://immigrationvoice.org/forum/showthread.php?p=1265#post1265
I am fed up of the blissful ignorance that is so characteristic of so many EB-based retrogressed folks.
Why should I care about this forum? Why should I contribute? Tell me what is wrong with me just sitting on my butt, and looking at Visa bulletins every month if
1) I am an Indian with EB-3 PD of Jun 2002 or later
2) I am an Indian with EB-2 PD after Jan 2005.
3) I am ROW with EB-3 PD of 2003
4) I am ROW with EB-2. (Ok. Here you can't convince me.)
Any other categories I am missing.
Post numbers, facts, figures, analysis. We will condense it to something marketable, so I can send it to people like us, and get them to participate.
BTW, I am ROW EB-3 with an expected, I am hoping, PD of 1Q 2007.
more...
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ronhira
03-12 11:14 AM
I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.
Need my trust and money, please earn it.
so u'r sachbole - employee of that tracker site..... wonder y u hate iv......
u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....
no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?
Need my trust and money, please earn it.
so u'r sachbole - employee of that tracker site..... wonder y u hate iv......
u did not contribute to iv by sending faxes & making those phone calls.... u did that for u'rself...... u'r not doing me or anyone else a favor by sending faxes or making phone calls.....
no one needs u'r trust becoz u'r a paid employee of a business that is against each one of us getting green card...... if everyone will get gc then who will track their application.... meaning no ad revenue for u..... isn't that right? sachbole?
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mariner5555
03-06 06:48 AM
Many of them during the letters campaign, and most are ready to buy a home within a year of getting their green cards!
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
On ther other hand I personally know a very highly educated guy (IITBombay, MS then PhD in Electrical Eng- with a specialization in wireless tech) who got his EB GC 2-3 years too late... by that time the tech boom was over but the housing boom had already begun... so he decided to wait a few more years. Now he feels bad about the whole thing, and wonders if he should have bought a home when he was on H1B-- even if it would be frought with risk! That way, he would have been a millionaire today-- just like his friends who got their GCs and bought homes well in time.
8 years later, the history is repeating itself.
500,000+ people are patiently waiting in the EB GC queue... and chances are they will helplessly watch as home prices hit the bottom, and then rebound a few years later.
Some of them might decide to take the plunge and buy a home to take advantage of the low prices. However, many of them may be simply denied this chance becasuse their future is tied to a plastic card that has to be renewed every year!
Singhsa, sorry cannot help you right now with the media... maybe you can try getting help from the IV-media team?
personally I know many friends who did not buy house and are happy that they didnt (as it gave them flexibility). one of them is IITian who chose not to apply for a green card and he went back (and is at a higher post in mumbai).also I know many friends who bought house and are repenting because they brought it at height of bubble - they feel they should have waited for a longer time as they could have brought house in a better location (now they are staying 50 miles away from airport and 25 miles away from job in tough commute) - so personal experiences dont mean much.
BTW --housing is not the best way to become rich (unless you were successfully buying and selling houses (flipping) during the golden boom days - i.e 2003 - 2007) ..those days are gone and probably we wont see that again in our lifetime.
there are many articles nowadays which give you an example of the above ..also prices maybe lower ..but it will go down more ..and those who buy should think of their house as a place to stay(and if they really need the large space) ..not necessarily an investment.
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hazishak
07-24 10:02 AM
My wife's H4 is pending. I applied AOS for both of US. Her OPT expired on 7/11. How long can she be in status until she gets H4?pls advise me!!!!!!!!!
Macaca
09-26 12:06 PM
Last week 1,000 protestors-mostly legal immigrants-drew attention to the situation of highly skilled foreigners who want to work for companies in the U.S. by marching on Capitol Hill.
The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say. According to immigration and workforce experts, if the nation does not accept more foreign workers with skills in math, engineering and computer science, we risk losing ground in the global economy, because the computer scientists who can't find work in the U.S. will go to work for economic rivals.
The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. The lags make it difficult for businesses in fields such as engineering and software development to secure and keep foreign skilled labor in the country, they say. According to immigration and workforce experts, if the nation does not accept more foreign workers with skills in math, engineering and computer science, we risk losing ground in the global economy, because the computer scientists who can't find work in the U.S. will go to work for economic rivals.
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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