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  • logiclife
    06-27 11:35 AM
    From pages 36-37 of CIS Ombudsman's 2007 Annual Report to Congress (http://www.dhs.gov/xlibrary/assets/CISOMB_Annual%20Report_2007.pdf).

    In the 2006 Annual Report (at p. 16, AR 2006 -- 02), the Ombudsman also recommended that USCIS assign visa numbers to employment-based green card applications as applicants file them. The Ombudsman continues to recommend that USCIS work with DOS to reinstate that process which existed in the early 1980s, wherein DOS issued visa numbers for both employment and family-based applications for applicants as they applied rather than as they were approved. This process would ensure that USCIS does not accept more applications than the number of visas available.
    With respect to the recommendation that USCIS assign visa numbers to cases as they are received, the process the Ombudsman describes was the process in place a number of years ago. DOS, which manages overall visa number allocations, modified that process to the procedure in effect today. It is their policy to allocate visa numbers to USCIS adjustment cases only as the point of approval is reached.
    However, through the tri-agency meetings, DOS explained that the modification to the program occurred in the early 1980s because INS could not adhere to the requirements to return unused visa numbers immediately. The Ombudsman understands that DOS prefers that cases are reported qualified for a visa earlier than at approval. In the last several months, there have been several suggestions on how to accomplish that task, but operational concerns remain. The Ombudsman hopes that USCIS and DOS can reestablish the older program with improved processing and technology to ensure timely and accurate reporting of cases ready-to-issue and to prevent the future loss of visa numbers.



    Yes. Agreed. But what this means is that if they approve too many cases then they may issue August bulletin with retrogressed dates. And that's fine because they can do that and everyone expects dates to retrogress either in August bulletin or in subsequent bulletin.

    Which portion of the Ombudsman report says that "In the middle of the month for which bulletin is already out there with current dates, they can just stop accepting applications and sort of "REVISE" an already issued bulletin".

    WHERE DOES IT SAY THAT ???

    And I am still looking for source of information where in the middle of the month for which a bulletin was already issued in preceding month, USCIS chose to stop accepting petitions and not honor the bulletin issued by DOS with current dates.

    I am seeing a lot of copy-paste from lawyers websites but NONE, I repeat, NONE has a government website URL or any official source.

    Those who still want to believe can choose to believe this. It will make people file on July 1st, if its in their hands. If its in the hands of HR department and company lawyers, it will make them raise their blood pressure until the lawyer sends them an email on July 25th that the Fedex went out today.

    I believe that regardless of what August bulletin shows, July bulletin on DOS website applies to month of July all the way thru July 31st and as long as you file before July 31st, you are fine.

    I made myself look like an idiot by asking such questions to my lawyer, who is already going nuts over the suddenly sky-rocketing workload of 485 petitions. There is another guy who made a fool of himself by asking the lawyer this question.

    And people keep posting new updates and baseless sources to add credence to this baseless rumor. Suit yourself.





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  • deepakjain
    01-22 11:18 AM
    The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.

    At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

    Note: Please have off hrs contact/Cell number of your HR manager and your manager

    Regards,
    Deepak





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  • yabadaba
    07-11 09:33 PM
    jazz and others did u give ur ielts..if so where???

    is it reqd ?

    can i submit a 8 yr old copy of my toefl instead?





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  • sk2006
    08-15 03:31 AM
    SRK detained at US airport for being a Khan - India - NEWS - The Times of India (http://timesofindia.indiatimes.com/news/india/SRK-detained-at-US-airport-for-being-a-Khan/articleshow/4896236.cms)

    Guys we often discussed about facing problems at Port of entry. People being questioned for hours or rumors about people being sent back. I was surprised by reading this news today. This country is going crazy about stopping people just because their surname is "Khan" even if the person has travelled to US earlier. With experience i expect people to get smarter but these people are getting dummer.

    Why should it be a surprise?
    How do PoE officers know if he is a film star in some foreign language movies?
    Even if they knew, why is SRK so special that he should not be checked?

    There was an instance when a pop singer from India(Daler Mehdi) was accused of smugling illegal immigrants disguised as musicians. Point is, if somebody is a celebrity, that does not make him/her un touchable?



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  • Jerrome
    05-12 12:18 PM
    No, they know what's going on, everybody know it's not a picnic there in the North, I didn't say that they were un aware what was going on in the North, all i said they are fine where they are, please read what i said. It seems you are only looking at it from 1 angle.

    I'm not disputing what channel 4 reported, it's overwhelming for the govt to handle millions of IDP's and terrorists mixed up in 1 big bowl of soup. In any war situation there will always be cases of misconduct as it has happened in Iraq, Kashmir, Afghanistan etc.

    Oh and thanks for being sarcastic, it proves a lot.

    http://www.guardian.co.uk/worldlatest/story/0,,-8349680,00.html?gusrc=gpd

    I don't want to bring the Name LTTE in any context in this thread.

    Do i support removing LTTE, Yes with full heart.

    Do i support the way SL is conducting this war, NO.

    Does my opinion matter, NO.

    Can i express my opinion, Hell YES.

    It is also not good for SL's Democracy because a dictator is in making for SL. Let me tell you this,after this war on terror is over, SL is going to be ruled by a dictator for a long time. wait and see. Again this is my humble opinion. If it is not going to happen i will be the happiest person.





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  • BharatPremi
    07-11 12:46 PM
    The criticisms of this website are LAUGHABLE. The Economist's quality of life index has rated Canada and Australia the top countries on earth to live in, overwhelming, year after year after year after year!

    Vancouver, Calgary, Toronto, Melbourne, Sydney and Perth consistently dominate the top 10 cities in the world to live. 6 of the top 10?

    Having spent enormous amounts of time in both those countries I can tell you they are wonderful, sensible places to live.

    The index takes into account, cost of living, earnings capacity, safety, etc.

    Canada probably has one of the most rosey futures on earth. It has an abundance of resources, a tiny population and ironically, global warming is adding to its opportunities. Both countries have avoided a single year of recession since 2000, are likely to benefit for ever-higher walls to migrants in the US, and on top of that, both governments continue to operate under surplus budgets.

    Cost of living is actually far below that in places like NY and California.

    Health care, while not top notch, provides better care on average to more people than is likely to be found in places like the US. Particularly for people that are older and more likely to need it.

    Education is infinitely better. US Public schools are atrocious.

    As for the weather, well duh! :) The weather in Minnesota, Chicago, New York and Detroit wasn't that much better last time I looked! And Vancouver is mild and stunning.

    Yes, taxes are higher. How do you think these things are paid for? If you think it's a dog eat dog and you think that the state shouldn't provide education and healthcare, then that's fine. Canada and Australia just aren't for you!


    Anyway, both countries have advantages. I love the U.S. and that's why I'm here. But don't let an inarticulate and unfounded set of ridiculous statements turn you off. Do you own research and make the choice that is right for you!

    Well then what are you doing here in USA? Why you are not in Canada, Australia or wherever the f@@k you think is good and better than USA?



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  • nk2006
    10-03 11:41 AM
    Hello Friends and my fellow GC awaiters..
    Is it worth taking the risk and go with the labor substitution?
    The second question/advice I'd like from you is:
    If I go back to the same company after 6 months because of some issue with the labor can I still preserve my 2003 PD?
    1MoreDesi !

    First of all couple of things: (i) As of now there is no exemption for master degree holders (either from US or outside). There are provisions in SKIL bill and CIR but as you might know already they havnt yet passed in the congress and there is no gaurantee if/when they will be passed. (ii) Labor substitution is available now - this can go away or can stay because of large number of comments.

    I can understand your dilemma. I was in a similar situation last year. My new employer "assured" me labor sub. But after a few months they backtracked saying the lawyer thinks that it wont match with my skills etc. and some such technicalities. So be very careful/particular about if your new employer will use substitution for sure. Next thing to consider (actually most important one in ideal circumstances) is which job is in-line with your future plans and which one you like the most. If your present one is very good and you are very happy there - then I think its worth staying and hope for the best in the coming bills. If you think both are of same nature then take the sub (while maintaining a good relations with old employer) and get the greencard early. In my case I left a job that I loved the most and was in line with my future plans - thinking that if I get GC early it will ease my tension and sleep better in nights and hoping that my new employer would do everything they mentioned before joining there. Now they didnt give me the sub (but are applying in PERM) and my previous employer situation is also changed and are in a hiring freeze (taking me back is now considered a new hiring) - so I am feeling stuck and unhappy. I am posting this just so you are aware of possible risks. Hope this helps.





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  • snram4
    01-21 08:16 PM
    The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.

    Everyone knows what the impact would be...no one coming up with the solutions or ready to fight.



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  • gcfriend65
    06-28 10:00 AM
    So, are you saying that USCIS uses quarterly quota versus monthly quota. According to an earlier post:
    Hi Macaca;

    This is taken from the July 2000 VB:

    HOW THE SYSTEM OPERATES
    At the beginning of each month, the Visa Office receives a report from each immigrant visa processing post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation.
    Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
    VO subdivides the annual preference and foreign state limitations which are specified by the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants reported to VO, and the expected INS demand for numbers, are compared each month with the numbers available for the next regular allotment. This allows for the determination of the monthly cut-off dates, and the allotment of numbers for reported applicants who have priority dates within the newly established cut-off dates.If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "current."

    From this it is very clear that the number of Visas available for the rest of the FY 07 is enough to accept as many applications as can be approved in those 3 months(July, Aug and Sep).



    I think the 40,000 number is the wastage predicted by the ombudsman at the prior rate of approval that was prevalent earlier in the year. This probably implies that CIS would have used about 100,000 numbers at it's prior rate or about 25000 per quarter. This in turn would imply that CIS would have roughly 40000 (predicted wastage) + 25000 (last quarter's numbers that might have been used had CIS continued at it's earlier pace) = approx 65000 available starting June 1. I highly doubt if this could be used in just a month or two.

    But all said and done, whatever the real number of visas that's available I feel it's in everybody's best interest to just apply at the earliest they possibly could.





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  • angelfire76
    05-29 09:19 PM
    http://www.foreignlaborcert.doleta.gov/pdf/fraud_faqs_07-13-07.pdf


    Specifically this provision applies to Cognizant

    Willful provision or assistance in the provision of false or inaccurate information for an application for labor certification;

    Yeah but EB1 does not even need labor certification. So you can't apply the willful misrepresentation. What we can apply willful misrepresentation is in the 140. Also since EB1 is current , these guys also apply 485 at the same time and get EAD and AP.



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  • ItIsNotFunny
    04-01 02:19 PM
    I think Azhar is the best candidate. He has a long experience of bribing, corruption, managing team of corrups and deceiving the country :).

    Nice one!





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  • sparky_jones
    06-28 09:39 AM
    Matthew Oh has been known in the past to be a BIT of a sensationalist.
    Yes, there's no doubt about that. Although Mr Oh must be credited for providing us with valuable "insider" AILA information, he needs to tone down the manner in which he sometimes presents this information. This particular information is flashed as a "Special Red Alert", with very grim language on his blog. He should also have provided details on how AILA's liasion is working with USCIS to correct the situation, which is clearly a violation of regulation on the part of USCIS. Given the clear outrage over the lack of transparency in the case of the "other worker" category, what are the chances that USCIS will do this again, esp when it is against regulation?

    I won't be surprised if OH gets kicked out of AILA...for leaking AILA insider info (good for us), and for his sensationalism (bad for everyone).



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  • saileshdude
    05-29 09:26 AM
    As far as i can tell, the main issue is that there are not enough visas for Indian applicants. The possible EB1 misuse is a sideshow.

    Currently, the EB2-I wait time is 20+ years. Even if there are no EB1 applications the wait time would reduce to 10+ years. EB3-I wait time is probably more than the life span of most individuals.

    It is major contributing factor to Eb2 and eventually EB3 retrogression. And something needs to be done to make sure that so called project managers from these IT firms from India are not able to apply in this category.





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  • Saburi
    07-08 06:19 PM
    This Question is for the Lawyer, how would the applicant know wether his or her aI 140 is revocked as my employer is saying he will revoke my I 140 but till date i have not recd any letter from USCIS or any other issues, how can somebody find out if the I 140 is revocked.

    Please let me know on this.

    Thanks for your help

    Saburi.



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  • grupak
    02-13 03:05 PM
    Besides that, immigration is a privilege not a right, so if the US wants diversity and limit per country immigration, it is their right to do so. Before you start being shocked by this, I am NOT saying I do not understand your frustration and the feeling you discriminated against, but rights are rights and we knew that before we started the process. If we can improve it great, if we can't we will just have to deal with it realisticly.

    take care

    Everybody agrees that GC is a benefit that can come from employment, it is not an entitlement. However, we do not have to except the current situation as fate. Making the process better is what IV is about. And yes, there is no guarantee that things work out exactly as IV plans.





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  • sanju
    09-23 12:23 PM
    Has anybody really tried to get a mortgage recently? I have been denied by 8 lenders so far simply because I don't have a green card. Most lenders have tightened their underwriting guidelines. They will give mortgages only to U.S.Citizens or somebody who is a permanent resident aka having a green card. There are very very few lenders who will give mortgages to somebody on a visa and the rates may not be very favorable.

    Regardless of your credit history/income/financial strength/savings there is almost no credit available in the market. Whether you want to buy a house or you want credit for a small business, there is no credit b'coz the lenders do not want to lend. That's the crisis. And if there is no credit, willing and able buyers, just like yourself will not be able to buy a house.

    Administration wants $700 billion to buy bad mortgages (5% of the entire outstanding mortgages), which will inject confidence in the lending agencies, whereby easing the credit market, allowing everyone to get a loan and do whatever they have to do. But it doesn't end their, to recover from the economic slum, housing market must come back. And to bring the housing market, there needs to be more buyers in the market. As Alan Greenspan said few months back, speed-up GC, it will help bring buyers to the market, helping to bring back the housing.

    After $700 Billion bail-out, the credit market will start to stabilize and it will be easier to get mortgage.



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  • BharatPremi
    12-13 05:09 PM
    If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??

    jazz


    Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?





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  • samay
    07-15 05:36 PM
    I have a general question on an option in case of I-485 denial. I know that if underlying I-140 gets denied, I-485 is also denied. My question : is the vice versa true. ? If I-485 gets denied, will I-140 also gets denied.?

    If I-485 is denied (AC21 issue for example), can an applicant choose Consular processing on existing I-140, assuming that it is not revoked? Just like if COS is not granted, applicant leaves country and goes to consulate for stamping ?

    I do not know the specific facts of your case but the denial of I-485 can be appealed successfully. Therefore if your I-485 gets denied your underlying I-140 does not get denied.





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  • go_guy123
    07-13 12:36 AM
    I submitted my TOEFL. I think it is enough
    toefl is not recognised only ielts is accepted





    PSReddy
    09-05 04:27 PM
    Go see your own posts AH.....

    U Need to alteast learn how to hide your true identity......MOTHER FUCKER...

    This too funny with 15 pages and nothing to achieve. No immigration realted issues.

    Reddy: This is my first post. Do not degrade ourselves for some filthy discussion. You are degrading every one here and you are EB2. Can you justify why do you have to be in EB2 while using such words?

    In doubt, do not suspect the entire village, just ask your neighbor or you can ask your father who your Biological father is. Why do you think True Facts is your Bio father?





    shana04
    10-15 03:11 PM
    I have built a very simple EB2-I Visa predition model

    Making following assumption

    15000 new EB2 ROW I-485 applications
    12000 new EB1 I-485 applications
    EB4/EB5 use 70% of allocated visa (30% spillover)


    EB2 Visa Bulletin prediction for FY 2010
    Bulletin Quarterly-spillover Annual Spillover
    Oct-09 22-Jan-2005 22-Jan-2005
    Nov-09 22-Jan-2005 22-Jan-2005
    Dec-09 31-Mar-2005 1-Feb-2005
    Jan-10 31-Mar-2005 15-Feb-2005
    Feb-10 31-Mar-2005 31-Mar-2005
    Mar-10 31-Mar-2006 31-Mar-2005
    Apr-10 31-Mar-2006 31-Mar-2005
    May-10 31-Mar-2006 31-Mar-2005
    Jun-10 15-Oct-2006 31-Mar-2005
    Jul-10 15-Oct-2006 30-Sep-2005
    Aug-10 15-Oct-2006 30-Apr-2007
    Sep-10 31-Mar-2007 30-May-2007

    Amen! I wish your predictions come true.



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