Goodintentions
02-09 11:47 AM
I am planning to drive down from Detroit area. It should take about 10 1/2 hours to DC. It will be good if we could car pool, more for driving comfort and company. If anyone is interested, please let me know.
Best wishes...
Best wishes...
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ivgclive
09-09 01:39 PM
Number of VISA numbers are same for EB2 I and EB3 I or not???
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
Numbers are NOT same for EB2 and EB3.
EB2 gets double or even more from the "unused" from EB1, which a LOT.
So it moves fast.
If in case same....why we not getting any approvals for EB3 compare to EB2?
I can understand why EB3 in 2001 and EB2 in 2006..
but my question is .... why Eb3 is not moving when EB2 is moving?
=====
Note: I'm not saying anything against EB2 people....I'm just comparing.
=====
Numbers are NOT same for EB2 and EB3.
EB2 gets double or even more from the "unused" from EB1, which a LOT.
So it moves fast.
meimmi
03-09 04:45 PM
In my husband's case we dont have that much time.
Here what our plan is:-
1. Self file G-28.
2. Follow up with an infopass appt. with in a month.
Rest god willing. What ever is going to happen will happen. No one can stop it from happening.
Hi, Did you send the AC21 letter yourself? Can you please let us know the format of the letter and supporting documents you sent? Also, please share the format of G-28 explanation. How was your experience so far? Did you receive any confirmation back from USCIS? Thanks.
Here what our plan is:-
1. Self file G-28.
2. Follow up with an infopass appt. with in a month.
Rest god willing. What ever is going to happen will happen. No one can stop it from happening.
Hi, Did you send the AC21 letter yourself? Can you please let us know the format of the letter and supporting documents you sent? Also, please share the format of G-28 explanation. How was your experience so far? Did you receive any confirmation back from USCIS? Thanks.
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vagish
07-16 06:16 PM
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.
IT IS A SCREWED UP ORGANIZATION !!!!!!!!!
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.
IT IS A SCREWED UP ORGANIZATION !!!!!!!!!
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nozerd
03-09 01:16 PM
Guys,
I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.
Hey who are you calling BS ???? :rolleyes:
I have been in the US 15 years and counting.
-a
I have been here 18 yrs and still waiting. You are lucky if you get it in 16 yrs. Ofcourse not all my 18 yrs have been in GC queue.
Hey who are you calling BS ???? :rolleyes:
I have been in the US 15 years and counting.
-a
nivasch
12-13 10:43 AM
Hi, I am from NJ, srini_chenna@yahoo.com
:)
:)
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Sunx_2004
03-12 10:21 AM
I do not believe that one person (Pappu) should be held responsible for whatever going on You should not blame Pappu alone.
However, I agree that donor forum proved to be disastrous and driving people away from IV. Someone in core team should do analysis on how much it helped the IV cause and whether it should exist going forward. Lack of transparency is clearly hurting IV cause.
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
However, I agree that donor forum proved to be disastrous and driving people away from IV. Someone in core team should do analysis on how much it helped the IV cause and whether it should exist going forward. Lack of transparency is clearly hurting IV cause.
IV needs to OPEN ITS BOOKS
And show DONORS where their money is going? Where is the sponsors money going? and what is this ORGANIZATION planning to do. IF not, one these days they will find themselves in a audit and public scrutiny.
Any yes people who says open your eyes? Have you got your GC? EAD is only a means and not the destination
PAPU, you need to explain to all IV members and disclose the books and what you are doing as IV head, and dont give me the bull, of we are working, you want our support, we want clarity and real action.
2010 %IMG_DESC_3%
ajju
03-19 11:40 AM
Urgh.. Here come the red squares...Why do I even bother posting comments!
Same here...
Same here...
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fcres
07-24 04:48 PM
Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
My lawyer agreed to send the EVL separate eventhough he said he does not foresee a rejection on the case on this ground. He said its not advised to send another 485, just sent a cover letter and the EVL.
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bec
10-15 04:53 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
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newuser
04-21 07:46 PM
Could someone post the meeting notes.
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Madhuri
10-15 01:46 PM
and will mail it tomorrow.
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drirshad
03-09 10:11 PM
Ron Gotcher says, following him for years gotta believe him now .........
http://www.immigration-information.com/forums/showthread.php?t=7501
Based on this information, it appears that the CIS really is adjudicating cases at a faster pace. If so, then this is unprecedented. My take on this is that the CIS is concentrating on EB3 cases, since that is where the demand seems to be. Notice that Paragraph F mentions the possibility of rapid movement in other categories. Since first preference is always "current" for everyone, that only leaves second preference for India and China.
E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
http://www.immigration-information.com/forums/showthread.php?t=7501
Based on this information, it appears that the CIS really is adjudicating cases at a faster pace. If so, then this is unprecedented. My take on this is that the CIS is concentrating on EB3 cases, since that is where the demand seems to be. Notice that Paragraph F mentions the possibility of rapid movement in other categories. Since first preference is always "current" for everyone, that only leaves second preference for India and China.
E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL
Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high. Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit. Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced. As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately. It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.
It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.
F. VISA AVAILABILITY IN THE COMING MONTHS
During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement. Such action is normally followed by an increase in applicant demand. Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY in order to hold visa use within the applicable annual numerical limits. Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.
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skamma
05-17 01:22 PM
Admin,
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
Can you pl. comment on this issue, since it is a potential and growing problem, we need to do something about it.
Thanks
skamma
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thesparky007
03-08 05:06 PM
Hi Sparky! Well a quick google search turned some results, hope you find them usefull,
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
thx man!
the 2nd one was really helpful, i ll go home and make them...
once again thank you bluesun
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
thx man!
the 2nd one was really helpful, i ll go home and make them...
once again thank you bluesun
dresses %IMG_DESC_12%
needhelp!
02-03 12:33 PM
IV already has this as part of the agenda so why try to reinvent the wheel? Currently IV has requested our active involvement in trying to expand our member base to make our voice stronger.
We have professional help to analyze the current political situation to decide on the best course of action that will benefit all members. A lot of background work has to be done before IV can announce a call campaign or letter campaign.
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
We have professional help to analyze the current political situation to decide on the best course of action that will benefit all members. A lot of background work has to be done before IV can announce a call campaign or letter campaign.
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
more...
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go_gc_way
12-31 04:28 PM
Just an update .. Following in following websites have posted with classifieds.
I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)
Suggest ,comment or post a classified in a web site you know.
Following regional web sites have been posted with claissfied. Catch you folks later.
1)New York
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta .....................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
35) St. Louis ...................www.myilaaka.com
I am looking forward to more participation or other ideas from other Members ... or it's better I close this thread :)
Suggest ,comment or post a classified in a web site you know.
Following regional web sites have been posted with claissfied. Catch you folks later.
1)New York
2)Los Angeles
3)Chicago .....................www.chicagosamachar.com
4)Houston
5)Philadelphia
6)Phoenix
7)San Antonio
8)San Diego ................. www.sasural.com/san_diego
9)Dallas
10)San Jose
11)Detroit
12)Indianapolis
13)Jacksonville
14)San Fransisco
15)Columbus
16)Austin
17)Memphis
18)Baltimore
19)Fort Worth
20)Charlotte
21)El Paso
22)Milwaukee
23)Seattle
24)Boston ...................... www.aapkamanoranjan.com
25)Denver
26)Luisville
27)Washington
28)Nashville
29)Las Vegas
30)Portland .....................www.eknazar.com
31)Oklahoma City
32)Tuscon
33) Atlanta .....................www.desigate.com,
34) Kanasas City ..............www.kcdesi.com
35) St. Louis ...................www.myilaaka.com
girlfriend %IMG_DESC_14%
desperatedesi
07-23 08:18 PM
Hi,
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
I am in the same boat and have lost my sleep. This is a once in a lifetime opportunity and my lawyer definitely did not have time to get the employment letter from my wife's employer.
Our attorney has also signed on our behalf in rush to file the 485 before the July 2nd deadline :mad:
Please can someone say with authority whether it is needed or not needed?
Man this is really killing me! I don't to thank or yell at my attorney for the mad rush and filing of 485 for July 2nd deadline.
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Guest007
07-25 12:54 PM
There is no law which ties AP and EAD to 485. So cant they allow filling of these two independent of 485, may be upon approval of 140?
Ramba
07-04 07:25 PM
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.
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.
ita
01-31 06:18 PM
Thank you very much for the response. I sent you a PM .
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> how do we know what our H1 LCA amount is?
Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.
____________________
Not a legal advice.
US Citizen of Indian Origin
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