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Thursday, June 23, 2011

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  • pappu
    03-10 03:03 PM
    Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.

    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.

    Please input correct and full details in your tracker profile or leave everything empty





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  • pappu
    01-17 11:19 AM
    /\/\/\/

    bumping up the thread since this is the most crtical thing for us to achieve at this time so that we can put more resources at work in the coming months. As everyone could see on this thread, only few members have signed up for recurring contributions. We sent emails to all 8000+ members and the emails are still bouncing. Members have put fake email addresses. Despite repeated requests members have not updated their profile. In future when we send out updates by email or phone, such members will not get any updates too.

    Since yesterday more than 2000 members have visited IV site and read this thread. We did not even get 1/100th of members signing up for this and contributing as little as $20.

    Is this your commitment to the cause?





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  • saggi13
    01-22 08:15 PM
    Texcan,
    Thanks for reading a long vent. Trust me, what happened to me in 9 months could happen to people in matter of moments.

    So, I still consider myself lucky. Please pray for all those who arent lucky enough.

    Thanks





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  • WeldonSprings
    08-27 12:06 PM
    As per this link and comments by the Director of USCIS-

    http://immigrationvoice.org/forum/showthread.php?t=21175


    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.



    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    June processing numbers are available

    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    June-08 46024 740969 44989 42500 2489

    It seems that in FY-2008-Total number of Employment Visas approved were-
    Till April 2008=>8048 (Oct'07) + 5813(Nov'07) + 5070(Dec'07) +13174(Jan'08) + 21432(Feb'08) + 25626(Mar'08) + 28792(Apr'08) + 5520(May'08) + 2489(Jun'08) = 115964 (till Jun'08) out of 162704 for 2008.

    Also, till April 2008, they had used=> 107955 which is 66% of 162,794.

    So, the above comment by the Director of USCIS that till April 08, they had used 65% of the Fiscal 2008 quota is correct.

    My guess in July and August is that they have used around 11000.

    So liberally there are still 35000 unused visas for Sept. 08 and conservatively around 22000 for Sept. 08.


    I posted June number at
    http://immigrationvoice.org/forum/showpost.php?p=273472&postcount=64

    July numbers are still awaited.



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  • pcs
    11-13 09:08 AM
    Guys... little fruits are like ration in a big march. .... that is VISA recapture etc...

    Spill over,... Simimilar job etc are low hanging fruits..... we must try to pick them ....else we wont have the energy and momentum to go for a VERRRY LONG march ahead of US...

    Good leaders do not lead a tired and hungry force...

    I have already started sending letters to Napaleto at USCIS...

    Guys just send letters with a CUT PASTE of the rule....





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  • iv_only_hope
    02-21 03:53 PM
    I had one question. If there 140 K quota and 400 k employment AOS pending shuldnt they be cleared in 2-3 years (140k*3) since no matter what 140 k visas are going to get used (for example if there are leftovers others will get it)?



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  • krishmunn
    08-31 02:25 PM
    I just found that Aspen University is offering online MBA at $3600 (end to end) + books.
    The univ is accredited by DTE but not sure about its market value.

    I am thinking about low cost MBA and the options (apart from newly discovered super low cost Aspen) are --
    University of South Dakota (USD) (18 K)
    &
    University of Massachusetts (UMass) (30 K)

    Does any one know if USD has a decent market value ?





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  • ajju
    01-18 06:30 PM
    Are you not authorized to work until new EAD or copy of EAD will suffice... I know everything else is easy to replace.... but USCIS documents takes months...

    Should a copy of EAD + DL be sufficient to keep in wallet?? I've lost my wallet once.. so its a scary thought...



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  • sroyc
    02-14 09:57 PM
    The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
    Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?

    That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.

    It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.





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  • BlueSunD
    02-27 09:47 PM
    Thanks, a great place for tutorials on maya is http://www.learning-maya.com



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  • Dhundhun
    07-11 01:29 PM
    issue one year EAD and milk more money

    First thing came to mind, almost everyone gets 1 year EAD. Perhaps it is not easy to decide who gets 2 years EAD. This movement of dates solves the problem.
    .. Most of EB2 gets 1 yr. EAD
    .. Most of EB3 gets 2 yr. EAD





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  • speddi
    07-18 10:01 AM
    my application reached texas center on july 2nd at 10.23am .. I called USCIS today and the rep said they didnt enter the information into the system..he said it might take upto 30 days to start giving receipt notices because of the load of applications



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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    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.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    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.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    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.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    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.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    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.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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  • StarSun
    02-21 11:39 AM
    We need members to donate a lot of airmiles!

    Please contact vin13 if you want to donate miles or want to use the miles for the DC advocacy event. You have to be registered for the event.

    Please contact sukhwinderd 2011carpool@gmail.com for the car pool options. We need members from states within driving distance to DC to make it for the event on both days.

    Members please come forward with your donations NOW as it will members who plan to come to DC to use the miles, carpool options. Any delay will cause members to back away from attending the event.

    This has to be a collective effort. Members call for action, - here is your chance to help be a part of it.



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  • pappu
    01-16 12:10 PM
    I just updated the profile. Could you please confirm?

    Sorry about making a commitment for only @ 20.00.

    Thanks again for all the effort done by IV Core.
    Thanks.
    We confirm your contribution commitment for $20 per month. Each $20 is important for us.





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  • abhijitp
    07-24 12:15 PM
    I'm not expert in advising but murthy.com is saying avoid duplicate filing that may lead to rejection. Would suggest to consult v.good attorney before you do.

    I have seen that on murthy too. I am not sure why they say that. Anyone else who ever submitted multiple AOS applications?

    I am sure people have submitted two separate apps in cases such as:
    1) both husband and wife working and eligible to file. One app submitted with husband primary, wife secondary AND the other app submitted with wife primary, husband secondary
    2) AOS for old labor + AOS under PERM

    In both cases I believe the USCIS will ask you to choose between the two when the time comes.



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  • tooclose
    07-12 07:25 PM
    That may not be true. I had read somewhere (in this forum) that DOS sets up cut-off dates as 01, 08, 14, and 22, and 01 includes from 1st to 7th, 08 includes 8th to 13th, and so on and so forth.
    Come August 1st, who knows, (strange are the ways USCIS works) his file may be the first one to be picked up and approved before those of March 05 guys, some of whom are still waiting, like Pitha etal.

    Zigzag, do you know where we can lookup this information ? Thanks.





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  • optimystic
    03-18 08:35 PM
    Urgh.. Here come the red squares...Why do I even bother posting comments!





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  • fcres
    07-23 04:15 PM
    Well according to this FAQ dated 07/23 they will accept application without medical report (Qn# 13) which is also an initial evidence. So i hope EVL is also ok.
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf





    mbawa2574
    02-16 12:28 PM
    I have contributed $200 to IV, during (or a bit after) the July-August gold rush. I just don't feel like showing it off to everyone. And you calling me a loser (and not looser you moron), a planted and a racist punk is really funny, since *I* am the minority here. Without your own knowledge, you are a better supporter of status quo than I am as you show your true side to everyone here.

    Yes you have in your posts supported what IV stands against. You have appreciated policies of US government not letting Indians and Chinese here.So I am not sure what you stand for. IV has opposing country caps on agenda from last three years and suddenly you are telling folks that there are too many Indians and Chinese here and you support caps and less Indians and Chinese here. Yes you are minority and you can say your voice but cannot be racist and cannot offend the majority.





    bfadlia
    02-03 02:46 PM
    Do you only do what IV support ? Did I say anywhere I want IV o endorse it ?

    I did not mean to run you down, but was questioning whether such thread can get us anywhere.. u obviously can't do this by yourself and if u seek the support of some IV members to do something that will harm other IV members this will only divide and make us weaker in seeking a siolution that helps us all



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