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  • chanduv23
    09-26 11:44 AM
    I sent an email to her now.

    Thanks Murali - we must stay on top of this





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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    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.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    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.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    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.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    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.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    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.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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  • nixstor
    07-05 03:47 PM
    Since the sentiment is so strong against freeloaders - aren't all the people not donating to AILF freeloaders too ? Let's donate to AILF too while we are at it...

    My posts were not intended towards any one particular incident. I am talking about the lack of understanding behind the website, its main agenda and what we as a community should do. It is not about for one particular incident.





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  • ujjwal_p
    02-14 02:55 AM
    1 Post WW-1 Germany started to prosper economically, Jewish people have significantly contributed to its development especially by intellectual activities and in knowledge based industry
    People of Asian (mostly Indians and Chinese) origin have contributed significantly to the knowledge industry of US and enhanced its intellectual capital



    Can we stop this bs please. Comparing the fate of us, high-tech, high earning, upper middle class folks with that of millions of people who were killed in Europe, Rwanda, Cambodia is ridiculous and insulting to say the least. Agreed the system is unfair but please let's not get over our heads. People still have the choice to work anywhere(mostly), have the same rights as anyone else, can buy a house, basically do whatever they want, as long as they don't break the law. Such superflous comparison is actually providing fantastic material to the anti-immigrants.



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  • GCcomesoon
    05-20 10:23 PM
    Congrats Dude!
    My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?

    Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.

    I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.

    Regards
    GCcomesoon





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  • unknown123
    03-12 02:14 AM
    I support.. I've contributed earlier and will contribute again.

    I think we should first raise awareness on the problem like I-485 pending for more than 2 years for more than xxx applicants, who played by the rules, paid taxes, etc......

    Visa re-capture is one (or may be the only one) solution of above problem.

    Just my thought



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  • sri1309
    02-18 05:48 PM
    The only thing I liked is at the end that says
    "Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
    But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
    Did you post your story and the problems we are facing?.
    Lets keep writing non-stop. We just need an admin fix, not the whole CIR.





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  • lost
    02-24 09:09 AM
    Anyone from KY attending the event?



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  • rockstart
    07-12 11:32 AM
    Simple EB2 takes more priority over EB3 so EB2 ROW flow first to EB2 India & China and if there are more they will go to EB3

    Why didnt the EB2 ROW number trickle to ROW EB3 first?





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  • BharatPremi
    04-07 04:32 PM
    Hi,
    I was going through the flatcenter PERM data for year 2004.

    In the Coulm Last_sig_Event, some of data rows have value

    'Received Regional Office'.

    Anyboay has an idea what does this mean?.

    Regards,
    Alex

    Yes, Once upon a time there was a zoo (When I was young and trapped into this zoo) with a name "labor processing". That zoo was divided in two trails. One trail of that labor zoo was called "State processing" and other was called "regional processing". Once the GC animal is waited long enough in "State processing" trail then it used to see the another trail "Regional Processing". There was no way to escape from the zoo via "State processing" trail. Once GC animal is entered into "Regional Processing" trail then again it had to wait a long and if got lucky at some day used to get a chance to escape from that zoo and go to the another zoo "I-140" processing with a mark "labor approved" embarked on the forehead of the animal. After many years, under the careful inspection of the authority of the zoo, it was found that there is a population surge in the stuck animals so zoo keeper decided to create a new zoo "Backlog centers"... And from then onwards you know the rest story...:)



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  • amar123
    07-03 11:12 PM
    Do you know even to come to site and get some info also need money..

    Not to hurt you but just giving one small example of why we need money...
    I agree hosting /maintaining a site does take quite a bit of resources, I am not referring to it in this thread. But, I was hoping that IV can make a distinction of what it plans to do for the lawsuit from what AILF does. As I had mentioned, this would make it only more meaningful for IV members to contribute :)


    I am not hurt, like I said I appreciate the effort you guys are putting in.

    Also, I added another dig on the USCIS scandal:
    http://digg.com/politics/USCIS_Visa_scandal (http://digg.com/politics/USCIS_Visa_scandal)

    Guys, digging is free, and if we can get it to 1000 digs, I am sure people will begin to notice if it is sensational news.





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  • amitjoey
    01-02 04:14 PM
    Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.


    From Pappu's post- total Members till now 7,921.



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  • h1techSlave
    03-22 10:42 AM
    I have noticed that the % prior to Jan 2004 is a whopping 44.06. I have a bad feeling that this group (prior to Jan 2004) is growing. :eek:





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  • pappu
    01-11 01:21 PM
    Hi:
    I just joined the chapter.
    Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....

    Wishin' for a better future ahead for all us immigration victims
    PD for self: August 03
    Labor Cert: pending

    PD for husband: Dec 03
    Labor Cert & I-140: appoved.
    welcome.
    pls contact varsha and others to start chapter activities.
    varsha, pls plan some action items for the chapter.



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  • logiclife
    01-31 02:07 PM
    What if the employer is an NGO or NPO? I believe, it is not counted against the H-1 quota but in that case, can he start working right away?

    That depends. I dont know how the H1s that are issued outside of quota for educational and non-profit organizations work. If they have the validity date sooner than 1st Oct 2007, then yes, you can start working based on that date.

    Whatever the case, the H1 Approval letter (I - 797 ) will have start-date and end-date on it and that when you can work legally.





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  • chmur
    09-10 06:53 PM
    It is a given that Demand is not stagnant . If it were , backlog would have been reduced by 140K this year alone.


    Each year the new quota is 140K , as long as the new demand each year ~100K - the remaining 40K goes towards backlog elimination . We will know in the next inventory report what is "net" reduction for 2010. One can do rough math of latest inventory report and the current priority dates to arrive at ~approximate figure of 35-40K.

    I think EB3 should get cleared in next 5 years - I think flood of new EB2 applications are overblown.

    I think "peak demand" was between 2003 and 2007 . Good news is USCIS is no more wasting numbers .

    Given that change to laws is almost impossible. We should sit tight and wait for 3-5 years.



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  • SunnySurya
    07-14 08:51 PM
    Thakur to gayo... (A Dialogue from hindi movie Karan Arjun)
    but the good news is , since your I-140 was approved, your PD is locked and you may be able to use AC21
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?





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  • va_217
    01-18 11:24 AM
    same happened to me in Elpaso airport longtime back, I guess when you are coming from Mexico they do that.
    but no questions asked it was normal

    thanks





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  • sukhwinderd
    02-21 07:25 PM
    people from cary, NC ; boston; detroit; orlando; new jersey till now.
    need more participation from these areas as well as from other states.





    nixstor
    07-03 12:26 PM
    I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!

    I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!

    Sheer number of applications from the high volume countries has created the backlog?? Are you saying/wishing that these people should not have come in the first place to avoid the backlog?? My friend, backlogs did not happen completely because of the sheer number of applications and gaming. Backlogs happened primarily because of wasted visa numbers and issues surrounding it. If there was no visa number wastage the priority dates would have been around 2-3 years behind as opposed to 7 or 8 years. There are gamers in every system. If a system does not work for people as it is supposed to, gamers do so to get out of the system. Not that IV condones such things but it happens in any system, when the system is broken.

    The I in IV definitely does not stand for me only or for any one only. I along with V only makes sense. I by itself does not get IV any where.

    So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed?

    On one hand you are saying that there is a bias towards lower population countries now and you are ok with it, just because you happen to benefit from it. Is that what you mean?

    If retrogressed countries are asking for 75% of the numbers reserved to them rather than having one line for all, You have a good point in saying that the bias is shifting towards retrogressed countries. There is no such provision like that. The provision creates one line depending on when you entered the line. You enter the line ahead, you get it first.

    So keeping the limits intact is NOT a bias to you? You can't have it both ways. What do you think is a solution? The point system you referred to came with the same 10% limit on the retrogressed countries. What difference does it make to a retrogressed person with 96 out of 100 points, but still needs to wait for 4 years, while some one from Krakozhia walks away in 6 months with 60 points. B T W , you also said that higher education deserves more does not fly with you. I am not sure how you want points to be assigned, other than education and experience. Don't let the fear and protectionist thought take over the logical and rational thought.

    The "other side" of immigration is an entirely different topic. Their issues and our issues, their path to the end line and ours are entirely different. We can't simply compare apples and oranges and call people hypocrites. That said, I personally support it and feel that it will happen at some point depending on the majority in both houses and one party will suffer for the decisions it made. As a by stander, I sympathize with the situation the "other side" has been in. I have a full plate to work on.





    langagadu
    03-09 10:16 PM
    I should say you are smoking crack. Do you think we are in some govt.jobs , automatic promotion, come to reality.


    Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...