Dhundhun
07-12 08:06 PM
i believe the argument that this sudden jump was made to help eb2 china is pure hogwash
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
I think so.
Unless USCIS took all the pains to compile all EB2 qualified doculements and then to find out on what day China and India EB2 numbers become equal.
It is hard to comprehend.
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immi_seeker
03-12 01:13 PM
Guys try to be matured in this bad situation. Bashing IV is not a solution. We can not afford to cut the bunch of tree where are sitting! Lets understood the hardcore reality.
1. Changing of law is not possible in near future.
2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.
Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.
If you are really frustrated come out and make the change. Bashing to the IV is not solution.
Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.
My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.
1. Changing of law is not possible in near future.
2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.
Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.
If you are really frustrated come out and make the change. Bashing to the IV is not solution.
Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.
My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.
hmehta
07-16 05:20 PM
Oh, what a lie!!!!!.....As a matter of fact, H1-B's pay the highest amount of Tax. H1-B's are the ones who may potentially NOT benefit from the Social Security Taxes they are paying right now but are still paying it - so in that reference they are actually feeding the so called baby boomers right now.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.
One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.
================================
Dear [This fax will go to Your U.S. Senators and U.S. Representative ]
I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.
Here are just a few reasons why I hope you will oppose the SKIL Act:
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.
Sincerely, [Your Name Will Appear Here]
==============================================
Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.
Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.
Thanks,
Sanjay.
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like_watching_paint_dry
11-18 11:38 AM
How long can we keep our career on hold..
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.
Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.
What do you think?
You guys won't believe how glad I am to read a few posts here where some people are standing up for themselves and refusing to take bullshit from certain lousy employers. This will send a message to those kinds of employers that they can't use the immigration system and treat employees like shit while continuing to profit from these hard-working people.
abc, just one suggestion for you. If you can, hold off until your I-140 gets approved. Once that happens, your 2003 priority date will stick and you can take it with you ( USCIS internal I-140 adjudication manual for your reference ... http://www.uscis.gov/files/pressrel...h22_091206R.pdf )
I wish you all the best with your life.
lwpd
more...
onemorecame
10-07 02:12 PM
My packet delivered to mailroom today morning at 9:07 by UPS. And just now at 2:48 got page and checked online status and its says they issued RFE again?
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
�On October 7, 2010, we mailed a notice requesting additional evidence or information in this case�
Not sure whether it�s their system glitch or it�s my luck... :confused:
Is it happen to anyone else or it�s me?
leoindiano
03-17 10:18 AM
Porting cases needs more research and with USCIS performance, you can say that it may have little impact on 2004 cases. The substitution cases filed in July are of 2005 and after cases. 2003 and 2004 cases all substituted before and i believe that is what created this mess for you and me.
more...
Ganesh99
07-04 06:07 PM
I think we should use this opportunity to lobby Congress to pass Legislation to help legal immigration that are least controversial.
1. We should be able to file 485 independent of priority dates.
2. Exempt dependents from VISA cap.
In my opinion pursuing a lawsuit may not help us much.
We should raise money to pursue lobbying instead of the lawsuit.
IV should use this opportunity to reienforc the lobbying efforts and fund raising effors.
For my part, I will contribute individually and willing to particpate in any fund raising efforts in my area (North West Boston area).
1. We should be able to file 485 independent of priority dates.
2. Exempt dependents from VISA cap.
In my opinion pursuing a lawsuit may not help us much.
We should raise money to pursue lobbying instead of the lawsuit.
IV should use this opportunity to reienforc the lobbying efforts and fund raising effors.
For my part, I will contribute individually and willing to particpate in any fund raising efforts in my area (North West Boston area).
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dhesha
03-16 03:06 PM
The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !
Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.
Similarly - LC SUB guys are getting into the middle of the line even though they came to US years after many of us who are already in pipe-line. This is even more pathetic.
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OLDMONK
07-18 09:26 PM
guys,
please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.
Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.
G
Really Does is generates graphs WOW. I dont believe you. kidding.
please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.
Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.
G
Really Does is generates graphs WOW. I dont believe you. kidding.
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Guest007
03-12 02:52 PM
No one is accusing IV
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.
Thank you
Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.
All we are looking for is some questions, and asking IV to hold something more tangible which attract more members for a cause. A lot of people are loosing faith, to be honest, I lost mine in IV, as I did my contributions pertaining to letters, faxes and other stuff.
However I have not don't any monetary contribution, and the reason is, I want to see some more transparency. I was not a July filer and I have urged IV and Pappu several times to hold something, a rally or some time type of event that attracts attention. But somehow IV does not initiate any attempts.
I want to ask you this, taking the current situations in to consideration, new rules against H1b, more rigidness towards immigrants, why has this organization not initiated something after summer of 2007.
I am sorry, I am not going to buy the notion, we met USCIS and informed them Jack & Jill, in that case where are the results, efficiency is measured by results and not by attempts.
Come back to IV in 2 weeks, and see it for yourself, if this organization attempts to do something or just ignore the posts.
Being a non profit organization, as IV, it runs on people and their involvement. How can organization sustain growth or even stability at this point in time, when no attempts are made to attract new members.
There will be some who will disagree with me, critique me and call me names. But I believe I expressed myself clearly and have not questioned any one's integrity, however I have questioned the efficiency of applied attempts in the past by IV. There are a lot like me, who wants to do something for the cause, bu we need the organization to act like one, and bring in more more transparency to its attempts.
Just in the beginning of the day, I had 5 greens and now reds, I assure you colors don't make a difference, however if their is any sanity to what I said, please think and act rationally.
Thank you
Your frustration is pointed at wrong place. Ideally you should show this kind of frustration on a elected official who promises you something and does not deliver. But in this case IV core is not a eleceted representative for you, all they are doing is providing a platform to fight for a cause. If you have an agenda you start taking the lead for that and IV core will provide the platform to help that. It does not help just being a by stander.
more...
snram4
04-10 03:34 PM
One of the main reason for EB3 in 2001 is From 2000 to 2003 they increased H1b from 65 to 180K. Most people came those time was BA, BSC and B TECH. So most would have applied by EB3 and also from 2000 more than 60% of H1bs were Indians. It may take a few more years to clear 2001 to 2003. But there could be some spill over from Eb2 in 2 years time. So from 2012 Eb3 may move fast. Still 7 to 10 years waiting period may not change unless some bil or CIR is passed. But it should be noted that H1B Cap applications received this year is around 13500. So past 2 years slow down will make PD to improve.
We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf
On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"
Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.
Question:
Are this Numbers are total VISA demand recorded at DOS?
Anybody other Views?
We are looking at Annual Report of Immigrant Visa Applicants - http://www.travel.state.gov/pdf/WaitingListItem.pdf
On Page 1. - "The petitions of applicants who will be processed at an overseas post are forwarded by CIS to the Department of State"
Our Interpretation: As USCIS processes I140 Applications, and I140 Applications has Field for Consular Processing options, they would Direct those Applications to DOS Via Above Process.
Question:
Are this Numbers are total VISA demand recorded at DOS?
Anybody other Views?
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ksurjan
07-24 01:39 PM
Can anyone confirm if the files are actually being transferred from Nebraska to Texas? Why is the compliance date for Texas 10/26 and for Nebraska it's 8/1.
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sri1309
09-10 08:45 PM
Personally for me, why do I need the citizenship?
1) My parents don't want to come and live here.
2) How do I tell my future children that this country is the best country for them when it screwed their dad or gave him secondary treatment for 8-10 yrs when I spent here.
3) How do I "love" this country with a true mind knowing it did not give me the same opportunity it gave to immigrants from other countries? How do I digest the fact that europeans, mexicans, filipinos etc are getting preferential work related immigrant visas ahead of me? and I would still pledge my allegiance to this country knowing I have not been treated fairly?
You see there are more moral and ethical questions to be answered. I have made my money here. I could almost retire in India with this much money in next 5-10 years.
Hi,
I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.
1) My parents don't want to come and live here.
2) How do I tell my future children that this country is the best country for them when it screwed their dad or gave him secondary treatment for 8-10 yrs when I spent here.
3) How do I "love" this country with a true mind knowing it did not give me the same opportunity it gave to immigrants from other countries? How do I digest the fact that europeans, mexicans, filipinos etc are getting preferential work related immigrant visas ahead of me? and I would still pledge my allegiance to this country knowing I have not been treated fairly?
You see there are more moral and ethical questions to be answered. I have made my money here. I could almost retire in India with this much money in next 5-10 years.
Hi,
I agree and disagree with you. We came here for the good things this country has to offer. And we may have got, as you mentioned some of them.. money etc., for some people its quality eductaion, for some more research etc etc.. And we dont like some unfortunate things like the one we are all upset about. Its the department thats broken we are all upset about and not the country as such. I know how you feel, but I am sure we all agree we are frustrated with the immigration department. We must do something to fix it. Cant just sit quite, when illegals come in millions and ask for citizenship again and get it too. I think that happened in 86 or sometime around. We must highlight ourselves before its too late.
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labogon
07-28 09:50 AM
I ask the same question to my lawyer when i saw your posting about your I_485 without the employer letter. This is his response, I hope this will help answer your question.
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
__________________________________________________ ____________
Thanks for the information! We included copies of your recent paystubs to meet this requirement. In essence the only 'initial' evidence that is required to get the case accepted are the properly signed forms, the correct filing fee amount, and some information about the basis for the filing. In your case that is the approved labor cert and info about the I-140.
If the Immigration Examiner wants any additional evidence about your eligibility he or she will issue a request for evidence. However in my experience the employer letter is very optional. I don't include it in about half of the cases I file and I have not received a request for it either.
I'll let you know when we get the receipt notices - probably not for another two weeks.
__________________________________________________ _____________
P.s. God bless the forces behind the Immigtration voice. I work as a teacher in an isolated native american reservation. The efforts done by the group to reverse the july visa bulletin decision has benefited a small portion of educators here in new mexico. You've done a great job. Thank you very much! I'll encourage my group here to contribute to keep this website working.
labogon
more...
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skark
03-21 05:31 PM
Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
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NKR
02-20 03:17 PM
Thanks Googler. This wait for GC has made me forget the definition of patience :)
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vkotval
12-28 03:01 PM
Just wanted to share this link with you all
http://www.murthy.com/news/n_analys.html
http://www.murthy.com/news/n_analys.html
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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.
hairstyles Men#39;s. Curly hair cuts
Sandeep
02-08 09:16 AM
Admin,
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
-FBI speeds up its operation?
-USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
Since you are more knowledgable on this issue, please post
1. Description of the process and the reasons for the delay
2. Solutions that you think we can propose
Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.
willwin
07-28 01:35 PM
I am reading about 16th century stuff here in this thread.
Let us go back to 10,000 B.C or further back (ice age or if possible even before).
Was there any gods (known to us) then (any religion for that matter)?
Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.
We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.
Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.
We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.
Let us go back to 10,000 B.C or further back (ice age or if possible even before).
Was there any gods (known to us) then (any religion for that matter)?
Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.
We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.
Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.
We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.
nc14
06-11 01:39 PM
Thanks much.