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  • srkamath
    07-20 01:32 PM
    ........ If you look at the data also you see this 'anomaly' where there is a big 'clump' of cases with PD jan/feb/march 2005.....

    Might this because, more people than normal reported their numbers on during this period? Most of these folks were surprised by EB2 retrogression...just a thought.

    However, i must say that your point sounds plausible.





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  • Ramba
    07-14 05:52 PM
    I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.

    I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
    Please state whether or not you are currently working for your I-140 petitioner.
    You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist, even if you change the employer before 180 days completion of 485 filing.

    I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
    Will USCIS come to know I quite Employer A before completing 180 days?
    Also is it possible that 140 was revoked by my previous employer?
    What document should I send to USCIS now?

    You quit the sponsorer within a month of 485 filing. No problem. You are still covered under AC21. As per AC21 memo, if your 485 is pending more than 6 months it is still valid, no matter when you chage the job. Forget your previous desi employer. Sumbit the letter from your current employer with all the details that USCIS looking for in RFE. Your 485 will be fine if it is similar job to your previous one. If you are not working for him now dont sent a letter from him. Be genuine. Your lawer should clearly write in the RFE letter that the terms & conditions of your employement based visa petition (or labor certification) continue to exist based on the AC21 law that allows the change of employer.





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  • kutra
    03-05 06:26 PM
    I think that everybody has the right to express their opinion.

    Anything else is sensorship

    good luck to all

    That is true. But I would rather bicker/argue among ourselves in our closed community and not in front of the public. I withdrew my post because singhsa3 is inviting media and other outlets to view this poll. I see no good coming out of washing our dirty linen in public.

    I am neither convinced by singhsa3's arguments and nor do I buy into the whole "potential-to-buy-houses" angle (and I got red-dotted for all my previous posts, but I don't care), but if he's willing to take the efforts because he believes in what he's doing, then I don't have to be the all-freedom-of-speech guy.

    So long as singhsa3's not pledging that I and my wife will buy our house #2 and house #3 only because USCIS gives us green cards, I am fine with continuing with my life and work. :)





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  • varshadas
    01-30 10:43 AM
    I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.

    Did you guys distribute flyers at Metropark?

    Thanks,
    Varsha



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  • perm2gc
    01-18 03:33 PM
    Content, content updated. Please verify and let me know.
    Thank You





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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.



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  • tooclose
    07-12 06:49 PM
    Hi,

    My PD is March 1st 2006. Just wondering is March 1st is in or out? i.e. cut off is March 2nd or March 1st?

    thanks,

    Rwe

    Well my PD is 3-Mar-2006. So close but too far. :mad:





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  • Dhundhun
    06-28 11:17 PM
    Gurus,

    We have applied for 485 for four of our family members. Myself (Primary) and two kids got the welcome email on 06/25 and RFE email for my spouse application on 6/26. Haven't recvd any documents in mail to know the reason, but my questions to Gurus is

    - How long will it take to get Card Ordered email after Welcome email. We havent recvd the welcome package in mail yet.

    - Is there any relation between not getting Card Ordered email and RFE on my sopuse application.

    - What could be the potential reason for RFE on my Spouse Application.

    Thanks in advance.

    EB2, PD:Jan'2004, July 2 Filer.

    2 Weeks to 6 weeks.
    RFE could be missing medical for example.
    Usually, it does not stop other members getting GC.



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  • abd
    09-20 12:39 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.

    Mine also should have reached yesterday. Didn't see any LUD. I am really nervous.





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  • luckylavs
    07-09 02:27 PM
    any idea how long it will take for an outcome?



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  • shiva7
    02-14 12:56 PM
    Dear Administrator,
    Thank you so much for giving me an opportunity to pay through paypal. I am proud of me for contributing $100.00 today.
    I suggest that please keep an activated Paypal logo on our website so our comrades can understand that we could pay through paypal.
    I read on our site that we could pay through paypal but didn't know how.
    I am not so smart to learn that visa/mastercard/check logo will take me to paypal acoount login page. And so I didn't pay for a long time.
    Thank you anyway. Let's continue to struggle.





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  • asharda
    07-05 04:12 PM
    Added my $100 towards our common dreams and goals! I still vote to keep this site free for everyone's benefit. Believe me ppl will come around..took me a while but as they say better late than never!

    IV you have our support! United we stand!

    Paypal Confirmation Number: 8GH00265XS5850731
    PD: Aug 04
    RD: ????


    Same here. Here's my small contribution in your big effort.

    Best regards,
    Google Order #853854384931851



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  • kanakabyraju
    07-13 07:29 AM
    All right I am current again..exactly after 2 years

    So I am having the butterflies in my tummy with nostalgia of my nail biting thriller during 2008 July-Sep bulletin, where I got royally screwed.

    mwuahhhaaaa...c'mon..come to papa now :D:D

    tick..tock..tick..tock :rolleyes:

    You really made me laugh. Thanks





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  • sukhwinderd
    02-02 01:58 PM
    i can drive my minivan from zip code 32771 (orlando area). so 6 seats are vacant.
    i can pick up members from daytona beach area, jacksonville etc. if someone is coming from south florida, tampa area they can stop by at orlando and we can car pool from orlando.

    i need atleast one person who can drive at night, cause i cannot.



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  • GCKaMaara
    10-15 01:02 PM
    OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!

    I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?





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  • ysnraju
    04-22 11:26 AM
    In my Opinion all non-immigrant s require to get the comprehensive conclusion on the STRIVE Act first before going through.
    STRIVE Act is to reform the deficiencies in current Immigration policies so that it streamlines the immigration process and makes easy for the immigrants to join their families and also make the kids of non-immigrants who were bought to this country of not their knowledge/ choice able to work �
    If the immigration process is proper there is no requirement for the people to come here and work illegally. Under new work process this illegal immigration can be resolved is the Point brought through these STRIVE Act.
    Some of IV members getting to these meetings and keep saying I am legal and not able to get visa because there is no visa numbers available. It directly implicates that if there are Visa numbers available we are not here to support this.
    In reality that is true if you happen to see the people who already went through the process, they always say/wonder why they are making the process so simple. In some occasions when the Labor certification process is made premium processing the questions/comments raised by GC holders is, why they are making this process so simple/ OO they are giving the LC just like that etc. once the GC is in hand no one will talk about anything.
    Off these so called 12 million Illegal people can make the country aware of these problems in one moment and they can make the country stand still by calling a day or more off the work. In other hand, we so called high skilled immigrants (prefer calling high labor) they never, able to make this aware off. Not able to call a single day off the work. Even if they do they will make sure that nothing feels the absence giving automate script etc. Under legal doing illegal work is this high labor. Take consensus and you will find at least higher percentage will say they are always work more than 40 hrs a week. Which does legally illegal work? In other hand illegal but doing legal work in this country is the illegal immigrants they work for by hour and if they work an hour extra they collect for that also.
    We always want the process from higher level, want to meet Law makers and want them to reform and understand the issue. But always forget the basic the Law makers are made by people. Did we had a chance to make the people understand this? Higher percentage of companies in this country employ immigrants and leaving the few exceptional company at most 10% of the work force in average is immigrants. So did we any time educated the reset of 90% our co-workers? We never do go and ask them they will start ask you what is work visa?
    So we never try to make the people around us aware of the issue but we want founds to meet lawmakers, and make them understand. So instead how much you are donating, how many people around you making aware of the issue is better. Did you manage to educate 90% of your company aware of this issue is very important.
    If you want really a change, start wearing protest black badge till the law is reformed and start educate the people around to aware of the issue. Possible meet your company top level people and make them aware of. Among these there will be lot of people kids, nieces, nephews, brothers, sisters, spouses, friends of law makers who can chat with them without appointment. Of these there are many hidden people who can pull the strings in so many unknown ways. At that point you are not half million your strength is multiplied people are aware of this.
    Of the all my request is please do not behave that Visa numbers are not available so I am here. Do not put the behavior before Gate Pass something and after the Pass what is this type.



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  • nlssubbu
    12-27 02:33 PM
    Dubai - no issues without valid stamp

    Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments

    Amsterdam/Schiphol - No issue without valid stamp

    London - ?????

    Seoul - ?????

    Singapore - ??????

    Bangkok - ?????

    Kuwait - ?????

    Zurich -- ????

    Geneva -- ???

    I know that Seoul, Bangkok and Singapore does not need transit visa, if you do not step out of the Airport and have a connecting flight resevered for your outbound destination.





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  • shsk
    11-11 11:02 PM
    We can all pitch in and send either congrats greeting card/flower along with IV letter highlighting our pathetic situation.
    Hope he addresses something.





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  • sanju_dba
    09-09 01:50 PM
    This is a big fantasy.

    EB3 is not going to get current in the next 4-5 years you said.

    Backlog posted by USCIS and DOS is a lot more than posted. Their data is not totally right.

    The only way EB3 India can be current if all Indians on H1B, EAD are deported by a law. Such law is likely in 4-5 years if outsourcing increase and anti-immigrants blame immigrants for their unemployment. Then EB3 I will get current. But there will be no EB3I to take advantage of it.

    I say we stop dreaming and do a rally in DC.

    I understand what you said, but just to consider the off numbers published by dos

    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf


    EB2 total pending 34325
    EB3 total pending 136325


    2010-2011 quota EB1+EB2 ( 85343 )
    less eb2 " " 34325
    --------------------------------------------
    " " 51018 trickeling down for EB3 Worldwide?
    2010-2011 quota EB3 ( 42671 )
    less eb3 - 136325
    --------------------------------------------
    42636 ( eb3 pending left over from above )
    2011-2012 quota eb1+eb2+eb3 128013

    So, with above math Eb2 will be current by next year, and eb3 will be by end of 2012?

    above math is based on
    inaccurate numbers given by DOS?
    assuming no new applicants applying.
    Hope I am correct! :)





    bank_king2003
    02-12 02:05 PM
    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.



    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.

    hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.

    it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..

    I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.

    peace V





    immi_seeker
    03-12 01:13 PM
    Guys try to be matured in this bad situation. Bashing IV is not a solution. We can not afford to cut the bunch of tree where are sitting! Lets understood the hardcore reality.

    1. Changing of law is not possible in near future.
    2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.

    Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.

    If you are really frustrated come out and make the change. Bashing to the IV is not solution.


    Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.

    My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.



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