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  • sparky_jones
    03-12 08:30 AM
    This once again proves that most of the popular immigration attorneys and other parties claiming to have "inside" information really don't have much more access to information than the rest of us.





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  • dvb123
    02-03 10:03 AM
    I cannot post the company name here because it maybe a copyright issue. A consulting company advertises ROW guys/gals to join their company .It tells a story about a ROW guy who worked in a fortune 500 company for 5 years but they did not file a green card for him. He joined SAGA and got his green card immediately and the whole process from PERM - GC card took less than 9 months.

    I think his perm got cleared in less than 3 months and he must have filed i-140/i-485 concurrently. Thus he must have got a GC in 9 months.

    Congratulations to XYZ for receiving his Green Card from XYZ as well. XYZ had applied for his labor on 1/30/2007 and received his final Green Card approval on 9/13/2007- that is less than 9 months. His case was filed under the EB2 category. He is a citizen on South America who was working for IBM for 5 years and was no where with his Green Card with the them. He then made a transition to XYZ and we filed his case immediately and today his final stage, I-485, has been approved as well.





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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.





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  • mpadapa
    09-26 11:39 AM
    I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon



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  • kvrr
    01-18 10:24 AM
    Hi,

    Appreciate your work for IV and thanks for starting the recurring payments. I realize that IV needs funds now. Can you start another thread and mention a goal amount required in the next 1 week. For example, if you think IV needs 10K in the next week, start a thread with that heading. Whoever is willing, will make additional one time contributions apart from their recurring contributions.

    Regards





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  • uma001
    10-01 09:51 AM
    Guys,

    Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card



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  • vina92
    01-16 02:19 PM
    I just signed up for monthly $20.00 contribution.

    Vina92
    .





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  • masaternyc
    03-16 05:55 PM
    Infinite_Patience_GC,

    Most of these labor substitutes are sold/bought by these so called software consultancies(illegal dhanda) to so called software professionals and should be investigated and prosecuted to the full extent of law.



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  • giveme_gc
    10-15 08:40 PM
    1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
    2) Differentiate ourselves from illegal immigrants
    3) Statistics such as taxes paid, contribution to economy, etc will help
    4) Ability to purchase homes, start business, and create jobs
    5) For the sizeable population we are, involvement in crime is minimal
    6) Peace loving people who want to live in this county and contribute towards its growth.



    Legal immigrant lobbies are weaker than illegal ones. We need to get more lobbying power to contribute to our causes. I dont know how many there are now, but we sure are weaker than the ones supporting the illegal immigrants. A lot more power in the corridors of Washington are needed to move things to our side. Hopefully our next generation will see better representation than the woeful lack that we face now. I agree with Bechara that sending flowers wont help.





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  • deepimpact
    09-10 01:53 PM
    If USCIS wants to do another JULY 2007 they never learnt their lession. With the Quarterly/annual quota I dont think USCIS legally can make EB2 current. I hate another JULY 2007 for sure.

    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.



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  • Caliber
    01-16 07:37 PM
    Date of sign up: Jan. 16, 2007
    Subscription Name: Secure $50 Per Month Recurring Contribution Subscription Number: S-09A85447SH728390F

    Contributed till now: 300 + 50 = 350

    Even my October 2002, NJ EB3 labor was not yet approved. Not that some thing good will happen soon, but by seeing the selfless efforts of the core team especially Aman, I feel sad and hence contributing. I know if some one asks me to spend even one hour time for some social life, I may not do so. But this core team has been tirelessly working and I feel ashamed of myself.

    This 485 eligibility to apply will not even benefit me as my labor is stuck with PBEC and I hope all the people waiting with 140 approvals will get benefit.

    Thank you Team IV.





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  • gg_ny
    08-16 01:13 PM
    Hi, do you know how long it took them to clear name check? which EB category /country are you? Mine is stuck in name check and am trying to find some pattern and if possible, some solace.. thanks.

    All my security check are cleared as per information from IO (by calling 4 times in last 4 months).

    I am hoping that I will get GC by the end of this year.



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  • pbuckeye
    02-09 10:46 AM
    i guess he is talking about your case a)...
    although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....

    and he does post some useful data (remember the recent backlog data he posted before they officially released it).

    anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)





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  • gckabayega
    03-17 12:52 PM
    Does anyone know how many applicants convereted from EB3 to EB2 ?
    I wish a lot convereted, that is the only releief for us. I filed my I-485 in July 2007....it is pathetic to wait so long.



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  • rbms
    11-01 01:27 AM
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  • uma001
    07-29 05:10 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.

    That's too bad.



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  • nixstor
    07-05 11:52 AM
    People are voting, but do not want to voice their opinion on why this should be a paid site or not. Did I say anything wrong about paid subscriptions? Those who are voting "NO", Can you enlighten me why a wesbite that we hang on to every day for atleast one hour should be FREE? Why should so much of energy go waste all the time running funding drives? Why does a Murthy or Rajiv's 15 min consultation has to be 225USD and IV's community knowledge leveraged for not even peanuts?





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  • prinive
    02-20 04:27 PM
    EB3 india wont move further... With PD Sep 2001 EB3 Indi. Still waiting...


    Here is Mr. Gotcher's perspective on EB3 movement ...
    In terms of EB3 movement for India do you think that the slow movement as predicted will atleast move the cut off dates to Dec 2001 (India) by end of FY 08 ?


    I doubt very much that we will see any EB3 cutoff date movement until October.

    James Ronald Gotcher





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  • PavanV
    06-10 02:00 PM
    If this law does pass, it will definitely will be bad for US economy, good for the world.





    arunmohan
    01-25 02:52 AM
    For my part, I send an email everyday to the white house and the state dept. This is probably not enough.....but may be some day it will work.

    BTW, my apologies if the members thought that this thread was accusatory. Still the question remains, what next?

    Ok, I understand, no use bringing it up again, sorry, let me go back and read other interesting threads on "investments" and "buying houses"...

    Hello rajuram;

    We need to keep on sending email/letter to President, Local Senator, Local congressman secretary of Homeland security, secretary of State and Ombudsman.

    Please post your email, other members could use same format and send the email. As per my understanding we need to add our story too e.g. when we came, our investment, our capability to buy house and our life is hanging in the middle of no where.

    As DallasBlue mentioned to add three items in the email/letter for administrative fixes.

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back





    alterego
    07-12 07:34 PM
    I posted this in another thread.

    There could be two reasons for this huge forward movement for EB2.

    1) They want to minimize wastage by making more visas available for CP.
    2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.

    Point taken, However when EB2 India is moved to June 1 2006, there will be even more EB2 India with PD earlier than it was previously. So whichever date you set as the cut off, EB2 India will have more people with PDs earlier than that. So I guess I am not understanding how that helps Chinese applicants. Unless the USCIS decides which of the petitions they will process with current priority dates and gives preference to Chinese cases. Per my understanding, they are supposed to use RD in such a situation. However who knows what they will do.



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