shreekhand
07-04 10:28 PM
A nicely presented opinion by Ramba, but there are obvious flaws in the anaylsis. Here are my observations
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
1.) The contention that they followed the recommendations of the Omb report and went back to pre-1982 method cannot be true. They cannot follow that without violating 8 USC Section 1255 (b) which clearly states that a visa number is reduced AFTER the approval of the I-485.
2.)There were 40K visas remaining at the time of the Jun 13 bulletin according to AILA. The 60K number as per DoS might have been from end of May. We most note the fact from the CIS I-485 Standard Operating Procedure that when a petition is "documentarily qualified and approvable" a request is made for a visa number, if such number is not available that petition is put into a approved pending availability of visa number list. This makes it amply clear that the CIS knew the exact number of approvable petitions.(might be ~40-60K) The DoS might also have known that.
3.) So what happened ? Looks like the DoS did not expect the CIS to get those petitions quickly from storage, assign a visa number, stamp and sign petitions with the speed that CIS did it with. As a matter of fact, we can clearly deduce from inquiries made my petitioners in the month of May that soon after the June bulletin was released in May, the petitioners were informed by IO's that their files are now been retrieved and have been assigned to officers for approval in June !
4.) This shows that the CIS swift approval (i.e retrieval, assigning visa #, stamp, signature) activity especially the retrieval part did not start on June 1, or June 13 but well before in mid May if not earlier.
5.) Now maybe they assigned the visa #'s to the approvable petitions (in line with the law) already but they are still going on with the stamp, signature part (as evidenced by people receiving approvals e-mails even on July 2nd and 3rd.. and other forums)
6.) Suspension of PPS at NSC and TSC -- Now why should that happen ?
If they have already used up the EB quota one would ask that much amount of man hours are now free isn't it !!?
But the above points might show us that they might need it to simply finish off the paperwork of the approvable petitions in the month of July. Remember signing off on 40K+ petitions is not a 1 month job, but just assigning visa numbers might be. It is very certain to me that we will see approvals well within July!
Loose ends:
1.) What baffles though is the allocation of all visa numbers before the last quarter of FY 07 ! Maybe there is loophole there that allowed them to do so.
2.) How did visa number for EB1 for a top scientist from say an undersubscribed country such as Ukraine also get used up ??!
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balakishore
07-18 11:58 AM
sachug22,
Just wanted to know Where did you get the India numbers ? . If you have any link, can you please post the link here.
Thanks
Just wanted to know Where did you get the India numbers ? . If you have any link, can you please post the link here.
Thanks
gclabor07
10-19 09:31 PM
Folks,
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
I was just looking at the Obama and McCain websites just to see how they look from design standpoint (I'm a UI designer by profession). I happened to read their views on Immigration. I was surprised to see that Obama's views were extremely vague and offered no solutions to retain or encourage highly skilled immigrant workers. McCain on the other hand has section on highly skilled immigrant workers and talks about retaining them after US education, H1B cap reform, greencard increase to reflect demand etc.
If you are curious, see for yourself.
Obama on Immigration:
http://www.barackobama.com/issues/immigration/
McCain on Immigration:
http://www.johnmccain.com/Informing/Issues/68db8157-d301-4e22-baf7-a70dd8416efa.htm
Not that any of us are allowed to vote or our opinions matter to these politicians, I thought this presents an interesting comparison.
Thx.
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arkrish68
06-11 10:44 AM
I and my wife we both did send the email.
more...
uppaji
08-03 12:29 PM
Hi Can we all agree up on a standard content format to Lou Dobbs.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
Please send your text, if you have already sent emails.
I just want to make sure that they should realize that there is mass response for the smae topic.
ya3
03-08 01:07 AM
hmm... I may join... If I get time. We'll see :D
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
Those WIPs are looking excellent, ppl. Especially Eilsoe's :thumb:
btw, if anyone wants to learn a 3d app without any prior knowledge... go CINEMA 4D:beam:
more...
waitnwatch
07-28 04:16 PM
Admin Please Please Please Please Please Please Please Please Please Please Please Please Please Please Closeee this Threadddddd
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
Why do you need to close the thread............It appears to be the greatest stressbuster currently available on IV:D
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acecupid
07-03 12:36 PM
Would you agree that wives and kids should not be included in the EB GC quota?
If you read my earlier response, you would not be asking me this question. Just to repeat myself, I completely agree with you that wives and kids should not be included to the EB GC quota!
If you read my earlier response, you would not be asking me this question. Just to repeat myself, I completely agree with you that wives and kids should not be included to the EB GC quota!
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sirinme
11-04 11:37 AM
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logiclife
03-09 12:09 AM
Many thanks Abha for your contributions.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
Would you also like to join the membership drive of immigration voice. We are organizing a chain recruitment drive (since a couple of days) to help get more members and have 10,000 members.
Please email me at jay@immigrationvoice.org so that I can send you brochure/doc for volunteering. Its really not a big commitment, except 45 minutes per day for a few days.
Here is more: http://immigrationvoice.org/forum/showthread.php?t=305
--Jay.
more...
bomber
06-30 07:37 PM
This is a huge misconception in people.
Filing I485 when the dates are current does not mean you will get a greencard.
Only 30% will in 6 months if the dates stay current.
rest 70% will get in 1 year to 3 years or more based on FBI name checks.
Chew on this and educate your friends.
Everybody knows this.. I didn't quite understand what you meant to convey.
What I meant was that even if my I-485 is accepted(i did not say even if I get my GC)
Filing I485 when the dates are current does not mean you will get a greencard.
Only 30% will in 6 months if the dates stay current.
rest 70% will get in 1 year to 3 years or more based on FBI name checks.
Chew on this and educate your friends.
Everybody knows this.. I didn't quite understand what you meant to convey.
What I meant was that even if my I-485 is accepted(i did not say even if I get my GC)
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pcs
04-21 08:10 AM
Keep calling people to get active & contribute
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stucklabor
07-24 10:15 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself.
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shaikhshehzadali
07-11 08:07 PM
Pd Dec 2002
I140 Ad 03/2007
I485 Rd 06/2007
I140 Ad 03/2007
I485 Rd 06/2007
more...
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permfiling
11-09 03:31 PM
Nope, not yet.
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
How long did it take to get CPO email and card since 485 approval notice?
Thanks
Congratulations,!! Is your card really green or pollution has some effect on it? ;)
How long did it take to get CPO email and card since 485 approval notice?
Thanks
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dreamgc_real
07-02 09:21 AM
I think the new reference # for the Sanders Amendment is now
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
Senate Amendment 4439 to the American Jobs and Closing Tax Loopholes Act (H.R. 5297).. Correct??
People will be sending emails to senators with reference to the wrong amendment if this text is not corrected!!
Cannot find the change on the reference in thomas.gov
Sent the message to my senators
more...
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BharatPremi
07-10 12:28 AM
Whether they are smart people or not, a future department of justice investigation will find out.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
http://s202395528.onlinehome.us/category/general/
However I see a way out for DOS/USCIS. They can avoid class action by claiming that they had warned the public in advance via the July 2 update to the July visa bulletin, and had modified the July visa bulletin only on July 6, after warning the public in advance. This way they can accept all applications received till July 5, and will be covered against any class action law suits.
No, it will be very difficult for them to follow this as non filers or filers after 5th would come with the arguments like we were still respecting USCIS's published notice and so we did not file (non filers) and others would come up with the argument that we decided to file with having clear understanding of its rejection as filers on 5th or before did so you (USCIS) cannot discriminate merely based upon filing date.
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pappu
12-25 06:50 PM
If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.
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askreddy
06-25 05:31 AM
Hi NJ members,
Iam joined yesterday this forum.
My PD is 9/2003 and EB3.
Iam having issue with birth certificate.Can any one from india pls send me non availability and affidavits you have. you can erase your imp details. i just want the format.
thanks in advance....
Iam joined yesterday this forum.
My PD is 9/2003 and EB3.
Iam having issue with birth certificate.Can any one from india pls send me non availability and affidavits you have. you can erase your imp details. i just want the format.
thanks in advance....
mariner5555
03-04 01:33 PM
I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
I agree with Singh who said those were different times .. and you are lucky too (And qualified I guess)..many in california could not afford to keep their cars during last slowdown (my friend brought brand new mustang and then had to sell it for 12 k ..4 month old car - 3000 miles on it) in a hurry. people left their cars in parking lots (thats what I heard). buying a house makes sense if you know you will be in that place for a long time - and the price is right..(last few years it was like crazy speculation) see the link I had posted in my prev posting ..it is a horror story now.
does it make sense to buy in california now ? it would be sheer stupidity (in my view) ..maybe after price comes down another 20 percent would be right time to buy.
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D
in the end it is supply and demand ,....supply is huge for housing and is growing ..there is no (negligible) demand ..and hence even small increase in demand helps ..this is economics 101 !!!
the other point(and the main point) is to use this to highlight our problems(and to keep on trying ) ..and hope that someone listens. the other option ofcourse is to let things drag on ....
these are first few main points of the article
----
1. Home prices will fall 20% to 30% from the peak
Roughly $4 trillion to $6 trillion of household wealth will vanish. Large home builders may go bankrupt, triggering further declines in home-builder stocks. Even Fed Chairman Ben Bernanke admitted last week that housing prices could fall into 2009.
2. Prime and near-prime mortgages losses
"This is a generalized mortgage crisis and meltdown, not just a subprime one," warns Roubini. "About 60% of all mortgage origination from 2005 through 2007 had these reckless and toxic features. And losses among all sorts of mortgages will sharply increase as home prices fall sharply and the economy." Add another $300 billion in losses
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
I agree with Singh who said those were different times .. and you are lucky too (And qualified I guess)..many in california could not afford to keep their cars during last slowdown (my friend brought brand new mustang and then had to sell it for 12 k ..4 month old car - 3000 miles on it) in a hurry. people left their cars in parking lots (thats what I heard). buying a house makes sense if you know you will be in that place for a long time - and the price is right..(last few years it was like crazy speculation) see the link I had posted in my prev posting ..it is a horror story now.
does it make sense to buy in california now ? it would be sheer stupidity (in my view) ..maybe after price comes down another 20 percent would be right time to buy.
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D
in the end it is supply and demand ,....supply is huge for housing and is growing ..there is no (negligible) demand ..and hence even small increase in demand helps ..this is economics 101 !!!
the other point(and the main point) is to use this to highlight our problems(and to keep on trying ) ..and hope that someone listens. the other option ofcourse is to let things drag on ....
these are first few main points of the article
----
1. Home prices will fall 20% to 30% from the peak
Roughly $4 trillion to $6 trillion of household wealth will vanish. Large home builders may go bankrupt, triggering further declines in home-builder stocks. Even Fed Chairman Ben Bernanke admitted last week that housing prices could fall into 2009.
2. Prime and near-prime mortgages losses
"This is a generalized mortgage crisis and meltdown, not just a subprime one," warns Roubini. "About 60% of all mortgage origination from 2005 through 2007 had these reckless and toxic features. And losses among all sorts of mortgages will sharply increase as home prices fall sharply and the economy." Add another $300 billion in losses
matreen
10-28 11:42 PM
PD = Jan 29, 2007
I40 = Aprroved = April, 2007
485 = Receipt Date, July, 12 2007
I40 = Aprroved = April, 2007
485 = Receipt Date, July, 12 2007
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