nixstor
10-15 01:37 PM
IV has been working with officials in DHS (not USCIS) to find the exact number of AOS applications pending sorted by priority date, per country, per category.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection
Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.
Even though the need for requested information is clear and DHS officials agreed to push USCIS for such information, they clearly told IV to demonstrate the need by filing FOIA requests. A request from IV is already pending, but the more the number of requests, the more prioritized this request will become. There are approximately 65,000 FOIA requests pending in Track2 of USCIS queue.
FOIA can be filed with USCIS either by using G-639 or by writing a simple letter. Our request will not fit the G-639 format and a simple notarized letter will do. I am attaching a sample document that members can download from Google docs (http://docs.google.com/Doc?id=ddkc5z3x_4cj4sxwgh) and replace the fictitious John Doe information with theirs and mail out the letter to the address in the letter.
If you are really information hungry, this is your chance to get it.
(1) Download attachment
(2) Replace John Doe information with yours & print it
(3) Notarize it and fax/mail it. Notarizing your request prevents from frivolous rejection
Fax number (816) 350-5785. Make sure you get your confirmation if you fax it.
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dummgelauft
03-12 10:10 AM
To all those who are screaming and shouting about "IV collecting Donations and doing nothing", I am not a donor myself, but we have to understand that IV IS THE ONLY platform we (EB community) have. However shaky or small the platform is. It takes a different kind of person to doggedly keep at something as insipid and difficult and immigration relief for EB and to put up with all the brickbats that armchair immigration proponents and to be beneficiaries like us throw at the IV core.
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
Pappu, I have put forth this idea many times, and will do so again, let IV be a members only forum, with a REASONABLE annual subscrition amount (say equal to themonthly cost of a decent cable/satellite subscription:-)..
This will achieve the following:
(1) Assured, stable fund collection for IV activities
(2) Only genuine IV supporters will sign up.
(3) To some extent, may be, will keep antis away (this is not assured, but may happen)
...Its Friday, so pickup a 6-pack, 12 pack or whatever pack on your way home, and relax...
prioritydate
01-22 07:13 PM
Great discussion here, its great to see prospective from many folks.
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
Wonderful insights.
Saggi13
Man great venting.
Here is a question for you and for all of us in similiar circumstances. you got to ask a question.....what will make you happy. You took a great step in buying the house not because of any reason other than "you wanted your daughter needed some place to play". You took the decision, made a choice....Now you should be happy for you did what you deened important for you and you did it.
Now things went bad after buying a house, but overall you choose to buy this and that should make you happy.
Nothing personal Sagi13...your write was excellent about changes with in 9 months. It will all work out for you.
I read somewhere "happiness is in action". Its far more easier to ask sorry for something done, than to repent for something left undone.
For me what has worked so far is trying to stay out of Rat Race, and this too by choice.
I choose not to waste money on new cars, not my type, i refuse to judge people by the cars they drive. i have driven decent cars, but never paid a penny to anyone on car loan interest. So will i do for a house, god willing.
i make sure to spend a lot of time with family and friends, and real time spend relaxing, enjoying sun ...walks in morning.
i did spend a lot of money this last year on soft factors/family and friends...more than 10K ...i choose to do so; and i am happy so far.
This may not be a big amount for someone, and this expense could have been avoided but we choose to spend it, fine no issues.
My belief is, one got to make peace with one self, past is past ..and stop comparisons
We all make mistakes, i make more mistakes than my fair share of "1" a day...
Remember "we are spritual beings having human experiences". T
Here is another good line i try to remember always, think about what do you want...lets say GC.
Imagine you got GC today....now what will you do differently than what you are doing today. what change will GC bring to you as a person ( forget other crazy ideas we have created in our minds.....like help in job, realizing american dream, and please Donot cite reasons like it will be easier to travel/get a job. )
If you donot have any solid differences in your life...after getting a GC...then my friend you are in Rat Race.
This American dream is a bull ....by marketers, this is a dream for everyone on this planet, and most achieve it....by having a space where they can relax not by owning something....ownership is perceived notion. How can owning a piece of wood and concrete help anyone??
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
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GCwaitforever
02-22 12:28 PM
FBI checks start only after finger printing. They run them through criminal database. This will still be done. Name check is different and it will be waived after pending for more than 180 days. By April 2008, you should be clear from all delays.
more...
abd
09-21 12:33 PM
Yes was similar to yours. The status did change to Review. They just got it yesterday and I saw hard lud yesterday and a soft lud today. I did not know how my Attorney responded or worded it, I just sent him the EVL from current employer.
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
My status changed yesterday night 8.45 (odd time) , to Evidence review. Keeping fingers crossed.
msgrewal81
02-18 08:39 PM
Overall, it is better if this bill dont pass:
1. It makes LC very very difficult
2. It brings illegals who apply infront of legals who apply after the bill passes. So, the backlog will be infinite.
So, in all maybe it is better if this bill fails. It is good for illegals and bad for legals.
1. It makes LC very very difficult
2. It brings illegals who apply infront of legals who apply after the bill passes. So, the backlog will be infinite.
So, in all maybe it is better if this bill fails. It is good for illegals and bad for legals.
more...
natrajs
04-23 08:46 PM
All,
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats and Best Wishes
Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.
Been in meetings all day so not even a chance to call anyone about it.
Yay!
Good luck to all my fellow sufferers!
Googler
Congrats and Best Wishes
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a_yaja
01-31 02:24 PM
I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
You can work without SSN provided you are authorized to work (H1, EAD, etc) and you have applied for SSN number. The usual practice is to pay for the first two pay cycles, and if you have not received your SSN by then, then the employer will withold wages till SSN arrives. I know this because when I came to the US as a student, I received my first paycheck without SSN. By the second paycheck (I was paid monthly), I had my SSN and so no issues. My roommate, on the other hand did not receive his SSN for nearly 3 1/2 months - the University paid his first two paychecks but did not handout his third. They told him that they would wait till he showed his SSN card to them. After he received his SSN card, they released his paycheck.
Bottom line is, you can work even without SSN card - and if you don't receive your card on time, at most the employer can withold pay until you show them your SSN card. But the employer has to pay you for any work done in legal status and they cannot refuse pay for the period during which your application was pending with SSA.
more...
gc_chahiye
09-24 01:57 PM
Hi,
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
- friend translates and certifies the translation
- notary puts a stamp on that saying this was indeed signed by your friend.
of course if you find a notary who also does translations, then you could use that too.
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
actually your friend who does the translation will sign the form in front of the notary. Your friend is saying that this is a true translation, and the Notary is simply attesting that he saw your friend sign and this was indeed signed by your friend (ie. you did not make this up). The notary does not need to know Telugu, so cant certify that the translation is accurate. Notaries will typically only attest to the fact that the signature on the form is by the right person, they dont carea bout the contents of the form. to summarize:
- friend translates and certifies the translation
- notary puts a stamp on that saying this was indeed signed by your friend.
of course if you find a notary who also does translations, then you could use that too.
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chennaigc
09-17 08:57 PM
Stock market is beaten in all the way...People who put money in the market and if they dont look their protofolios next day , their money completely wipes off irrespective of any branded stocks they own!!! Entire world is going down in that US economy is centric part.Even bill gates may become next minute beggar here!!!
Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.
Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!
Indians who worked over here for long times from 8 to 10 years who earn in lakhs are worth less than a petty shop owner in india finacially. Because they put money in lawyers,travel,housing, stocks, bonds,401k which all become worthless.
Our dreams for coming here are to earn good money . Earnt it but we lost it without even knowing we lost it !!!!
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chanduv23
12-27 04:36 AM
I liked NW/KLM too. Absolutely no hassles. I hear that NY-Dubai non-stop flight through Emirates is also good, though it is slightly expensive.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.
NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.
London - transit visa needed definitely for inter/intra-airport transfers.
Paris - did not ask for transit visa last when I travelled.
Frankfurt was approving transit visas within the airport for gate transfers last time I visited. Situation might have changed now.
Has anybody travelled through Toronto-New Delhi through Air Canada? This would be a trip over the north pole during the Xmas :D
Thnx for the info. I am travelling JFK - Dubai - Chennai tomorrow in the NY - Dubai non stop. I did apply for a transit visa because I may step out of the airport, but as such, I was told, if I am not stepping out of the airport, there is no need for a transit visa.
NWA , I would say, must be used as the last resort. The flight is lousy and the staff is bad. But then no transit visa issues.
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rajsand
09-26 11:36 AM
Sent a message to the editor.
Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!
Maybe we should let other news sites know about CNN's defaulting if they do not make corrections even after many requests!
more...
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drak70
04-09 09:52 AM
Since you colleague friend is a doctor doing medical research , it is possible he might have been been harrased or it is possible the IO did him a favor by letting him in with 5 days I-94.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
Medical researcher are usually on J-1 visa or H1B visa. Unlike companies these H1b visa are exempt from cap requirements and hence can have nearly any starting date.
..
I speak from personal experience some time back when a friend of mine lost his temporary faculty job in India but he had H1B visa valid for 15 more days. My US university offered to take him back on his visa.So he immediately flew back,and IO@POE@BWI asked him not to delay filing the extension.
..
Hence if the visa was expiring in 10-15 days then it was the IO who was generous because he let him in so that you can it renewed here.(J-1 extension is easily done by univ itself in one day,H1b extension is valid once the papers are filed with USCIS cand an be easily expedited).
Pappu, I also thought that these are rumors as there hasn't been a single instance where the person who was refused visa put up a post on IV [or other immigration message boards.]
But today morning, my colleague said that his friend was harassed by IO. My colleague's friend came to JFK last week and IO called the professor he was working with. [My colleague said he is a doctor, doing medical research here]. IO gave him I-94 expiring in 5 days and asked him to go back. I have asked contact details for his friend and I will make sure that he gets in touch with IV so that IV can do something about it.
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BumbleBee
08-16 06:22 PM
Because you guys are not as clever as EB2s.
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
Very Good first post :eek:!!! Please hide wherever you were hiding till now, STOP judging.
clever adj
Definition: bright, ingenious
Antonyms: awkward, foolish, idiotic, ignorant, naive, senseless, stupid, unclever
more...
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Administrator2
04-20 04:17 PM
I will get it posted on various internal mailing systems of sun. Will bring the banner www.immigrationvoice.org
Sanjeev
Thank you Sanjeev. That will be very helpful.
Sanjeev
Thank you Sanjeev. That will be very helpful.
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alterego
07-04 08:31 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.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
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.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
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PBECVictim
06-12 10:00 AM
White House spokesman Tony Snow said on �American Morning� he expects Republicans to band together to add amendments to the bill, and it could be voted on by the end of Tuesday � after senators take up the energy bill.
http://politicalticker.blogs.cnn.com/
http://politicalticker.blogs.cnn.com/
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zen
04-03 03:09 PM
o.k. ..I will first tell the issues which are preventing me from doing what you say.
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).
everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
whenever we/I come with ideas - some members come up with posts to attack and kill the idea. ( teli and sanju ..).
everything seems to be tied to donations ..but do people even think before parting with their money ?(it is their money and there is a saying for such attitude). some say donate for lobbying ... how much does that cost ? how much is needed ? no info is provided.
say we are raising 10K every month and say lobbying requires 500 K ...5 - 8 years will go just to reach that amount (by that time, some will say lobbying needs more money ) !!!
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Canuck
02-13 10:46 PM
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. If any of you remember your history lessons from high school, the English used this exact policy of "Divide and Rule" to keep control over their colonies.
For example, in India, they would go into Moslem dominated cities, discriminate against them for jobs, and put Hindus in more prestigious positions, and vice-versa. They did this after the first war for independence in 1857 where Hindus, Moslems, rich and poor fought to overthrow the British occupation.
The very same policy is used by the U.S. government to control their population:
1) Per country quotas in EB immigration cause infighting
2) Infighting causes immigrant activists like IV to lose focus and weaken the agenda
3) Infighting results in racism between ROW, India, and China, which causes Americans to watch the circus, shake their heads and lobby for more immigration control
4) Poor regulation in the H1B program cause Americans to lose their jobs and blame the Indians and Chinese
...and the elite sit back, sip their martinis, and watch the fun.
So you have two choices before you:
1) Keep fighting, achieve none of the 3 main IV objectives, and continue your bonded slavery or
2) Unite as one to achieve all 3 objectives, and throw off your shackles
Remember, "Injustice Anywhere is a Threat to Justice Everywhere" - Martin Luther King
nyte_crawler
03-10 09:10 AM
I changed 5 employers over the past 6 years, after I filed my GC. I never did AC21 with out them asking for it and I responded to only one RFE with whatever the document they requested and I mentioned that I used AC21 to change the job.
malaGCPahije
12-10 03:57 PM
Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.
every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).
I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.
every 4'th person on this earth is a chinese. The obvious conclusion given the 2 facts (6'th person as Indian and 4'th as Chinese) is that every 4'th person on this earth is a chinese, every 6'th person an Indian and every 12'th person is an Indian Chinese :-).
I know, bad joke...The only thing we can do is support IV, and I mean financially more so than anything else.
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