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  • EB3_SEP04
    08-27 05:23 PM
    Our parents/relatives do not need a land phone in India. Send one VONAGE adaptor and they can call any number in India (long distance) and to USA and other 60 countries.
    They can receive any calls in a Cell phone (prepaid) (in India - incoming is free).
    So just take a broadband connection and Vonage. Bye BSNL/VSNL.........

    Remember you are talking about INDIA which is not US. you need broadband connection and Electricity for VOIP and you know the availability and reliability of both in INDIA.





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  • aadimanav
    01-03 12:55 AM
    Source:
    http://www.metrocorpcounsel.com/current.php?artType=view&artMonth=January&artYear=2008&EntryNo=7723

    Delay In The Age Of Security - Employee Green Card Woes

    Geoffrey Forney
    WolfBlock
    Geoffrey Forney is an Associate in WolfBlock's Employment Services Practice Group and is a member of the group's Immigration Services Team. Geoffrey handles all aspects of immigration and nationality law, including employment- and family-based immigration, removal (deportation) defense and asylum.

    Many human resources representatives who handle immigration matters are well aware that dealing with the U.S. Citizenship and Immigration Services (USCIS) can be confusing and at times frustrating. The agency has volumes of regulations, policies, decisions and guidelines governing the admission and employment of foreign nationals. Understanding the agency's requirements can be an overwhelming task. In addition, the agency's decision process is often obscure, leaving employers and foreign nationals guessing about the procedures that affect them directly.

    Added to the confusion is the baffling situation of the excessively long-delayed adjudication of green card and naturalization applications. Employers spend a lot of time and money to sponsor valued foreign national employees only to find that the last stage of the process (adjustment of status or "green" card) is bogged down within a quagmire of endless and seemingly unexplainable delay. Applicants for green cards can face delays up to seven years or more. From an HR perspective, the situation is frustrating: all of the employee's appropriate paperwork has been filed, but the USCIS simply refuses to act on the application. Employers and foreign nationals make inquires with the USCIS only to be told that their applications are being held up because of "security" issues.

    What "security" issues? Many foreign nationals are upset by this response, because they know that they have never had any contacts with law enforcement. Just because a foreign national is caught in security clearance delays does not necessarily mean that the person has had problems with law enforcement authorities. In the vast majority of cases, it simply means that the foreign national's name matches in some way a name in an FBI administrative file. Only after the USCIS confirms that the foreign national is not the same individual who is listed in the FBI administrative file will the USCIS proceed with the adjudication of the green card or naturalization application. It sounds simple enough, so why does this process take so long?

    Congress requires the USCIS to perform criminal background checks on foreign nationals applying to become permanent residents (green card holders) or naturalized citizens of the United States. In addition to the Congressionally mandated criminal background check, DHS performs two other background checks on foreign nationals applying for green cards or citizenship. The criminal background check is a relatively easy and fast check: the USCIS obtains a fingerprint impression from the foreign national and checks this fingerprint image against the FBI's Criminal Master File. This check is usually completed within 48 hours, as it is largely a computer automated system. The second type of check, the Interagency Border Inspection System (IBIS) check, is also very quick. The IBIS check is based on a database containing information from 26 different federal agencies that includes information on persons of "interest" to law enforcement. This check is usually completed immediately upon entering the foreign national's name into a computer database.

    The problem arises with the third and final background check, known as the "name check." Although Congress does not require name checks, in 2002 legacy INS began requesting name checks for all green card and citizenship applications as part of its post-9/11 heightening of security. A "name check" is performed by taking every permutation of the foreign national's full name and comparing those various permutations against the FBI's "Universal Index," which references the FBI's Central Records System, a voluminous archive of administrative, personnel and investigative files. Of course, foreign nationals with common names will usually "match" an FBI file. In addition, a foreign national's name need not necessarily match a "main" file name, containing, for example, a suspect's name, but may match "reference" names, including informants and witnesses. Hence, the universe of possible matches is very large.

    Although the FBI usually responds to a USCIS request for a name check within two weeks, if there is a "hit" or match between one or more permutations of the foreign national's name, a more extensive search must be completed. If a secondary search does not clear the foreign national's name, the USCIS requests a manual investigation of the relevant FBI case files. Since a "match" ultimately leads to a manual inspection of physical files. The process is time and labor intensive. One of the main reasons for the excessive delays in this arena is the lack of resources devoted to the manual inspection of files. To date, the USCIS and FBI currently have more than 340,000 cases in the name check backlog, according to the U.S. Citizenship and Immigration Services Ombudsman.

    As a result, a foreign national stuck in the name check backlog can expect to wait a very long time - a matter of years - before expecting a final adjudication of his or her application for a green card or citizenship. In some cases, a final resolution never occurs. It is not unusual to find applicants with unresolved cases that are more than five years old.

    Recently, the U.S. Citizenship and Immigration Services Ombudsman cited "name check" delays as a major problem for the agency in his 2007 annual report. The Ombudsman questioned the utility and effectiveness of the name check process, noting that "[n]ame check[s] are not conducted by the FBI as part of an ongoing investigation or from a need to learn more about an individual because of any threat or risk perceived by the FBI." Furthermore, the Ombudsman suggested that the name check program does not comply with DHS Secretary Chertoff's risk management modeling, because the cost of name checks far outweighs the purported national security benefit: "Considering the protection the FBI name check provides, the cost of government resources used, and mental and actual hardships to applicants and their families, USCIS should reassess the continuation of its policy to require FBI name checks in their current form." Notwithstanding the Ombudsman's criticism of the name check program, other high-level USCIS officials continue to support the process, so it appears that name checks will remain a part of green card and naturalization applications.


    (Part 2 in the next post below)





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  • Leo07
    09-23 04:15 PM
    I guess we'll need to ADD to that number:
    1. BEC stuck folks who could not file in July 07
    2. PERM approvals starting August 07

    to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.

    If I have to guess-- (1) would be very less, may be 100-200 max
    (2) around 5000 ( just a PUMA)
    So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.

    If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)





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  • pappu
    08-21 12:38 PM
    The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.

    Here are the relevant sections of the INA which unambiguosly states the above.


    Here is what Section 203 of the Immigration and Nationality Act states -

    EB1 -

    (1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............

    EB2 -

    (2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............


    EB3 -

    (3) Skilled workers, professionals, and other workers.-


    (A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........

    If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.

    We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.



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  • SunnySurya
    08-07 04:09 PM
    Thank you. I am not worried about the three companies I know of , I am worried about other 3000 companies that I don't know of.
    I also beleive, it is not the companies that are evil. It is the system that provides the incentive. And I am trying to take away that incentive.

    First: I appreciate that you have not lost your cool yet despite all the opposition and rude posts against you. We will not close the thread as long as the discussion remains civil.

    While I personally do not support the lawsuit idea because it divides the community in two parts and there are better ways to help the community. You can try to help positively for the greater good for everyone or run a negative campaign that will help some but hurt others who are also like you and are genuinely following the law. I also think it will be expensive and may not have a lifeline. As IV members we need to all work together to fix the system. This was the basis of founding IV. The aim was never to look after our own selfish interests and hurt others who are like us. We never discriminated between different EB categories or country of changeability. The intent of our fight is not to deny others their greencards and get ours first, but to allow everyone get their greencards. The intent is to have the system be efficient and work the way it was intended. IV core team has never made action items or ask lists in campaigns to suit their own selfish needs.

    Now in this post you have raised a serious issue. If a fraud is going on, do collect evidence and file a complaint against it. If consulting companies are making money by gaming the system, drag those companies in your complaint. Help punish such people who are gaming the system. IV community will appreciate that.

    There is some wisdom needed here to draw a line between selfishness and working with honest intentions to clean up the system.





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  • krish2006
    04-04 03:33 PM
    A simple calc to find out how much EB3-EB2 porting going on as of today:

    If you look at Demand data released last month by DOS, It lists
    Prior to January 1, 2007 , EB2- I pending : 13,200

    In my opinion Demand data includes EB3- EB2 porting as well since Demand data reflects overall demand for one category.

    Now if you look at inventory data released on Jan 5 ,2011 ,
    EB2 India Pending Prior to Jan1st 2007 : 13,516
    But if you exclude all the data prior to May = 13,516 - 1,110 - 103 - 133 - 74-108 = ~ 12K

    EB2 I demand from the inventory btwn May - Dec 06 = 12K
    But Demand data says EB2-I demand is 13,200

    Diff : 13,200 - 12K = 1200 ( This number has to be porting)

    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 2800/2 = 1400 .

    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)

    EB3 Porting could use up to 8K though, and new filing could be 2K
    and EB2 I/C pre-07/2007 still have about 34K at the beginning of oct/2010
    So it is even at most...

    There are lots of uncertain
    1. EB1 is now the biggest uncertainty
    2. EB2 ROW
    3. Porting
    But EB1 and Eb2 ROW, EB2 I/c new fling (ppl who missed 07/2007 w/ PD before 07/2007) have to file in May to get it approved by Sept as processing time is 4 month.
    So After May, from June to August, it is all spill over game for EB2 I/C
    That is why i guess Charles is saying the trend is now, and will start use the numbers in May



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  • thomachan72
    06-29 07:05 PM
    I dont know why everybody started to spit on ohio law firm. They just pointed out some news that they got from AILA, right? Lets hope its just a rumor and USCIS doesn't proceed with this revised thing. I am pretty sure that wont happen. Dont worry guys, but dont blame everything on ohio firm. I saw this on several other law firms too.





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  • suriajay12
    03-10 06:20 PM
    Excellent idea JBR. Why don't you create a letter template and put it in IV. If we have the facility to sign electronically, it will be nice. Later, it can be sent electronically to all Congress Members. Let us try to create a slogan for our campaign. Any IV member can shed their ideas on this.
    Is PAPPU or any IV Core members following this thread?. PAPPU we need your involvement in this and make this as another IV campaign immediately...

    I'm in. Anything that has action has my support..

    No point in waiting till economy improves and shit like that. Houses, jobs, Social securtity .. Project all the points in which you can improve the crisis. We can ALL also write to firms like REMAX and other reality firms to tell them we are 500 thousand here, ready to buy houses.. stupid idea.. but better than doing nothing..



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  • ssa
    08-22 11:51 AM
    Like others have pointed out, it looks like that the numbers are being allocated in a different way from before. Does any one know of any article or discussion by a real attorney or some expert on what is going on?

    But, going back to my original question, what are the legal experts saying? Can any legal entity or any type of action force USCIS to explain what the heck is going on?

    http://immigration-information.com/forums/blog.php?b=13

    The second paragraph from the link says that the new spill-over policy is not a random, ad hoc decision by USCIS but rather a careful one after consulting congress etc.





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  • rtiwari73
    10-01 10:43 PM
    Me and my wife had done finger printing on 09/10. On 09/15my wife got the clearnace from FBI and it is loaded into the system. I went to local immigration office and they did some searched and they told me that FBI loaded my finger printing detail using my social security number and not by the A number. Local IO can see the finger printing but when I called the Texas office they said they can't see the FP detail, and i tried again after some time got hold of another IO and she was able to search by my first and last name and saw in the system.

    I opened an SR got a response that my FP is not received from FBI. So confusion is some IO officer who is trying other option to do search are able to see but not all the IO and that is delaying my approval process.
    Any help or suggestion will be appreciated



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  • rodnyb
    04-06 09:37 PM
    I am sure this post be deleted by admin. I am just stating few facts I know here
    QSHEMK set up his own blog, and put some ads.. why?
    I said this before (and it was deleted, and now I cannot even post a new thread.. I am all green on post, lol). Everyone has his/her own interest, to make the IV work, we have to work together, donation or not, effort or not... all the time, writings ppl put here are contributions....
    I appreciate what IV is doing, just saying.. no offense

    Guys,

    We rode the same wave even last year with many of the same Guru;s predicting the same movement to 2007 and what we saw 2 weeks movement . There was one person called QSHEMK who after that went completely out of the picture or has rejoined with a new name .

    Also I have analyzed that people who have a date in 2008 somehow predict that the dates might move to 2008 and people who have a PD of July predict that dates will move to August . This is just an observation and nothing more , and if you go through the threads thats exactly what you will see.

    I will be equally benefited as you all will if the predictions come true , but be well prepared for a major heartbreak also like last year .

    While it takes a lot of effort from some of the members to crunch such numbers I would be first to extend my sincere gratitude to them for doing this , I would also recommend you all to take the analysis and predictions with a grain of salt and not to raise your hopes too much on these predictions.

    It has seldom worked for the last 6 years at least . Hope it does this time . I speak from experience in IV since 2006.





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  • jungalee43
    10-28 04:23 PM
    Unfortunately these guidelines specified in the memo haven't been adhered to, during processing of I-485’s in cases where the sponsoring employers revoked I-140 petitions.

    Please make this small correction in second paragraph. The "to" in bold is missing.
    Please also post the names and addresses of both California and Vermont service centers as it is not clear who would adjudicate the thousands of I-485 cases they are sitting on.



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  • bkn96
    11-17 01:05 PM
    Good suggestion, I didn't ask about EAD, I will check next time. But I guess evantually EAD would be revoked after I485 is denied. I think H1 is a backup plan if MTR denied and till appeal is decided..

    I am sending letter CIS ombudsman shortly.





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  • ram_ram
    01-11 01:33 PM
    ITAA President Quits, May Run For Senate

    Harris Miller all but declares run for Virginia seat held by Republican George Allen.

    By Eric Chabrow
    InformationWeek

    Jan 5, 2006 04:05 PM

    The chief voice for American IT vendors in Washington is seeking to switch sides and become a target of Capitol Hill lobbyists.

    Harris Miller, 54, this week quit his job for the past 10� years as president of the Information Technology Association of America�the lobbying arm of the IT industry�to run for the U.S. Senate from Virginia. A Democrat, Miller is eying the seat held by Republican George Allen. Miller says he'll make an official announcement on whether he'll run next week. But in a telephone interview, Miller sounded like a candidate. He already reserved a domain name for his campaign: miller2006.org.

    Miller says top Virginia political leaders, including the retiring and popular Virginia Gov. Mark Warner, a former high-tech executive who's mulling a run for president, urged him to run for the Senate.

    As head of the ITAA, Miller has lobbied Congress to liberalize laws such as the H-1B visa program to allow a greater number of foreign IT workers to be employed in the United States, as well as opposed efforts to penalize American businesses from outsourcing work overseas. Miller's positions on these matters have been attacked by some members of the liberal wing of the Democrat Party who seek to limit the importing of IT workers and the exporting of IT jobs as a way to protect American jobs.

    But Miller suggests his views have been misinterpreted by critics, saying he isn't pro- or anti-outsourcing, but recognizes that American businesses operate worldwide and have the right to hire workers in countries where they conduct business. Placing limits on outsourcing could hurt efforts to open foreign markets to American IT wares, he contends.

    Instead, government should back programs that encourage the creation of new IT jobs in the United States. For instance, he says he's a long-time advocate of programs to bring broadband and other high technologies to American rural areas as a way to attract IT jobs to those areas. He cites a Warner administration program to create hundreds of high-tech jobs by providing broadband Internet connections to businesses in southwest Virginia. "Five years ago, it was not an option, the area didn't have access to the Internet and technology, and those jobs might have gone to Mexico, India, or China," Miller says.

    Miller says the United States isn't investing enough in education and worker retraining, as well as IT research and development and broadband, adding that America has fallen behind some other countries. If elected, he says he'd push for increased investments in these areas. "We have to figure out how to run faster, jump higher than our competitors," he says.

    Before joining the ITAA, Miller ran a consulting and lobbying firm in Washington, and served as deputy director of personnel management for Congressional relations in the Carter administration.

    Replacing Miller as interim ITAA president is Robert Laurence, who had been Sybase VP of public sector.



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  • anura
    03-30 12:10 PM
    vdlrao
    That sounds about right and realistic. On the other hand I think the movement will be more. I mean if DOS just moves the dates by 4 months after making such a big announcement ...WTH??
    And I thought DOS is gonna move the dates by ONE year into June 2007...ha ha ha...

    Absolutely, the chances for movement to June 2007 is bright but not in May. One of the old models did predict August 2007 by Sep 2011. And then it was noticed that EB3 porting was not properly accounted for in the equation (only 150 per month was accounted). Thereafter, it was stated that Eb3 -> 2 porting is at least 500/m (which I thought was quite a bit). This burden in the model dragged Aug'07 predicted movement date to Nov'06. Now that 12000 EB1 spillover is being claimed, this would account for and balance even 1000/m Eb3->2 porting. Therefore an August 2007 PD by Sep'11 is a good possibility. But the visa bulletin has it's own brains.

    A





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  • greencardvow
    07-31 04:50 PM
    Well suppose they reject your 485 for lack of Initial Evidence then you are in some trouble. The people who applied prior to new Memo was passed had there applications receipted even without EVL. What will happen after the Memo is passed ...can't say. I think EVL is considered Initial Evidence. Thats my guess.

    If that's true, I hope they also accept the missing inital evidence, that is sent later, as long as the A# is provided.



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  • akred
    01-26 12:46 AM
    BTW Did they exclude any African country from the list?

    South Africa





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  • absaarkhan
    01-09 06:07 PM
    Already send the letters





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  • chanduv23
    09-13 09:49 PM
    Sept 11 was saturday. How did it change to 'decision'? :confused:

    Anyway, Good luck! Hope you will get card by this weekend.

    Looked like a batch update.





    GCVivek
    03-29 02:35 PM
    Most makes sense but I don't think any candidates wait for their companies to file for EB1. EB1s can be filed by the candidates themselves. Right? All in all, if this happens, it will be good news for atleast a couple of 1000 EB2-I. :D

    ImmInfo Newsletter: India EB2 cutoff dates to advance in May (http://www.imminfo.com/News/Newsletter/2011-3-31
    /India-eb2-to-advance-in-may.html)


    Based on just released information, it appears that India EB2 cutoff dates will advance, perhaps substantially, in May. China EB2 cutoff dates will also advance. The American Immigration Lawyers Association (AILA) reports that they were told the following by Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State:

    �[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those �otherwise unused� numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all �otherwise unused� numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.�

    There have been two reasons for China and India EB2 cutoff dates not moving forward as rapidly as had been the case in the past. The first is the unusually high demand for EB1 numbers and the second has been the increased demand for EB2 numbers represented by EB3 to EB2 upgrades.

    The significance of this announcement is that it appears that the recent surge in demand for EB1 visa numbers has abated. The CIS reports that this demand slowed down in October, 2010 and has not resumed. Presumably, this means that substantially most the EB2 applicants who felt that they could upgrade to EB1 have now filed the petitions and had them adjudicated. If this is the case, then the number of unused EB1 numbers will increase back to previous levels and become available for use by EB2 applicants.

    ================================================== ==================

    P.S : the EB1 filing reduced may be because the Indian IT companies stopped filing EB1C ? Its just my thought





    pani_6
    08-21 03:48 PM
    I believe they already answered the question: they claimed the previous allocation scheme was wrong and the current is correct. There is nothing more you can possibly get by questioning on this issue. Even if there is anything behind the curtain, that explanation covers everything perfectly and there is nothing you can do about it.

    I saw that Ron told one "so depressed" in his Forum..that we can launch a law suit..against this new interpretation..however..I dont know its worth the time and effort..although uscis learns only by law suits..

    Lets see next months Visa allocation for the new year and see where it starts from..I am hoping from Mid of 03..lets see..besides..only quick solution so far is the Visa capture ..dont know where it stands...


    we got 20 more days to influence people about EB-3 numbers..what is the most effective thing to do collectively before he new Visa bull comes out..

    Any idea Pappu..??.



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