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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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  • vandanaverdia
    09-11 03:20 PM
    Don't you wanna be a part of history???? What is stopping you???
    Come to DC & lets be heard!!!





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  • singhsa3
    03-03 06:19 PM
    Hold on..
    Not everyone visit this site. So any extrapolation won't make any sense. The idea is not to take polls but is that someone take up our issue, investigate and spread our message.


    The message is simple, you got the people with right stuff, standing in the line. Their wait is neither good for them nor good for anyone else.


    thats even worse. you are taking a poll of 500 people (*IF* you get that many respondents to this poll, my feeling is you wont cross 250) and expanding that to 1 million people in line for EB greencard.

    This is not extrapolation, its a joke.

    For the sake of the immigrant community, please dont drag CNN to Immigrationvoice.org to look at a poll that 200 people took of which 50 claim they would buy a house if they got a GC tomorrow. We all lose credibility if we make such statements.





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  • McGuffin
    02-23 02:17 PM
    Yeah, I need a set done date, I might not be able to get this one done.



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  • rajuram
    05-26 09:06 PM
    FYI, this is common if you are passing close border towns in TX and NM.

    No big deal, just carry some copies in your car.





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  • ita
    01-31 12:24 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.



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  • Michael chertoff
    07-12 09:06 PM
    AUG BULLETIN is already out, it moved to March06 for EB2,

    He is talking about next month (September). I think we have to wait for next year now.





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  • abstractvision
    03-19 11:31 AM
    I called USCIS this morning and the lady took 3 mnute to explain me why the delay was happening. She mentioned that they will conduct a sweep on Fri Apr 4th to determine the I-485 cases in light of new visa bulletin and that cases will be assigned to IOs by Mon Apr 14th.
    Not that I believe on help desk type of info with their primary job is get the caller off the phone but I have to admit that she was polite.
    I will call again on Apr 4th and keep the forum updated.



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  • dummgelauft
    08-21 11:33 AM
    Uscis has done nothing wrong.

    This person who posted the new thread seems to have come in to the country without even a passport. How is that legal?

    How in the world can we expect Uscis to overlook all that? Don't criticize uscis for doing their job right (for once) :)

    Canadians DO NOT need a passport, even now, to enter US for PLEASURE (visiting friends, vacation etc.).
    HOWEVER, they do need visa to (which means a passport) to (1) Study (2) Work (3) Start a business etc in US.
    If this person was a Canadian, and had a US citizen fiancee, it should have been a simple case of gettng a K1 fiancee visa and coming to US. Getting any kind of US visa is really very simple and quick for a Canadian citizen





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  • downthedrain
    02-02 07:09 PM
    Here is the text under the attachment section

    The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.

    PD Mar 2002
    485 RD SEP 2007



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  • ca_immigrant
    08-10 07:09 PM
    are we there yet ??
    are we there yet ??
    are we there yet ??
    :p





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  • signifer123
    02-17 03:24 PM
    but gmax doesn't render



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  • ski_dude12
    03-09 02:23 PM
    No change for EB2-I.





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  • sprash
    02-02 01:42 PM
    Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.

    H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.



    Thanks for your inputs Desi.

    I have been following this thread with great interest. I'm the guy who posted the RFE scans on Pg1.

    In my case the RFE was issued 1.5 years after filing for AOS (I filed in July 07 and this RFE was on Oct 08). Also, I'm not the only person who got this. I know many folks who work for big companies like Intel etc, who got such an RFE.

    Also if I remember correctly, Belle on Murthy Forums (who also seems in the know) mentioned that one must be employed at all times on EAD. I didn't find any specific timeframe -- most people said you could get into trouble if an RFE (such as mine) is raised and you're out of a job. On the other hand, it is might be safe till such an RFE is issued (???)

    I tried to look for that thread, but couldn't find it. However I did find another similar thread on which she (he?) has said the same thing:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4654000912&m=9941019581&r=3791069581#3791069581

    In tumultuous times such as these, I would expect USCIS to raise many more such RFEs.



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  • ItIsNotFunny
    11-11 06:03 PM
    Almost all my personal friends I spoke to recently who did not want to help with IV stuff, now proudly claim "As Obama has become the president, he will do something for us to get the green card"

    The hope continues :)

    People come on IV only to blame IV and admins for all the problems in their lives, but when asked to help for IV stuff - they give red dots and leave bad comments

    There will always be 2 types of people. Lets see and concentrate on people who are positive and move ahead.





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  • RNGC
    09-19 01:37 PM
    I am in a IDEA mood today!

    In our website there is space for 5-6 lines where we have the picture of a cloud now...

    We should pick top 10 best slogans and display it there.....like each slogan should appear for 10 seconds and change it to next.....

    We should put a poll to select the top 10 slogans

    I personally like these ones....forgot the exact words..

    1."we keep your systems up and running...please help us keep our lives up and running...

    2. "we rollover cell phone minutes...why not visa numbers"

    3. "waiting for so long my hair is turning grey ....

    4. "GC delay....keeps doctors away"



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  • seeker999
    08-11 11:13 AM
    Are we concluding that we will not have any support from IV for EB3?

    Can we draft a letter to USCIS and push it through the founding fathers of IV?

    I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.





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  • swo
    08-15 08:14 PM
    It's very easy to forget that PDs can swing by YEARS at a time. (4 years in the case of the July Bulletin!) Things could easily swing back a year or two in only a month or two.

    You can predict to your hearts content but I wouldn't get too hinged on those predictions.

    Fact is that we were expecting Us and many were NOT Us. Similarly, PDs in October could be brought forward if there are insuffient applications ready for visas in some categories (ie ROW) in October.

    Also remember that the number of newly filed EB applicaitons will be far, FAR less in coming months. Only PERM labors are done now and those will all have late PDs that will be ineligible for a long time. As a result, I think bulletins will start to become more consistent as the predictions of become more reliable after a couple of months of volatility in October.

    The only real unknown after getting all the 485 data entry done is going to be the FBI namecheck factor.





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  • CSPAvictim
    07-09 07:55 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.

    my 2 cents...


    Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!





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    09-11 04:45 PM
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    quizzer
    04-08 04:19 PM
    I look at this bill in a different perspective:

    1. This will give the Indian IT companies an opportunity to move up the value chain. Rather than body shop its employees to clients...they can have all the IT work done at its development locations. Also they can fill americans for half of its US workforce.

    2. It will put an end to 100% H1b bodyshoppers who just make money without having any office and putting their employees onto client locations. These scrupulous bodyshops even dont pay on bench.

    Thanks



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