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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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  • GCBy3000
    07-24 12:01 PM
    You signature with "Saved by IVs efforts" looks good. Could you update your signature with contributions also. Thanks.

    I see that USCIS release a press release on 7/20 and it says the time complaince for Nebraska Center is 8/1. Does it mean that July 2nd filers will get receipt by 8/1 ( i know i'm expecting too much from USCIS)... When can we expect the receipt notices.. I guess i'm a bit nervous now..





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  • tapukakababa
    07-18 12:12 PM
    hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.

    I called at the same number you provided all of us in your earlier posts

    1-800-375-5283, with ext 1,2,3,6





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  • styrum
    01-18 12:43 PM
    This is obvious that it is the "Green Card" and/or temporary visas stamped in the passports of tourists and other short-term visitors that were meant in this law. Then it makes sense, of course: visitors usually don't have any form of identification other than their passport with a visa and immigrants have a small plastic "green card".
    When this law was being written apparently nobody was keeping in mind that there would be "temporary aliens" who are not tourists but people like us, who have lived in the country for many years but don't have an easy to carry "alien registration card" (official for GC) yet. It is absolutely understandable if you recall the CIR discussion in the congress: if any regular person listened to the debate he would be absolutely convinced that with respect to the immigration issue the only categories of people that exist are 1. Legal permanent residents, who have all the rights, same as citizens and no problems. 2. People who want to immigrate to US but currently live outside the country and "are waiting in line" 3. Illegals.

    We don't exist!



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  • chanduv23
    09-28 09:59 AM
    The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.

    It is very obvious that America is still the best place in the world.

    300k green card petitions in July itself says how much people want to be here.

    But when it comes to supporting our cause, many people just back out.

    I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going





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  • harrybond
    08-19 03:34 PM
    [

    JunRN
    Senior Member


    what's ur reasoning behind ur statement?
    QUOTE=JunRN;150114]To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.

    Retrogression is a CP-friendly event.[/QUOTE]



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  • november
    09-10 04:37 PM
    http://www.competeamerica.org/CEO%20Sign%20on%20Letter-Senate-FINAL%202.pdf

    http://www.competeamerica.org/CEO%20Sign%20on%20Letter-House-FINAL%202.pdf

    Hope HR-5882 pass through Full House committee,House ,Senate , the whole 9 yards.





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  • gc_on_demand
    08-10 04:01 PM
    10th is almost over and I thought we had this trend that when USCIS wants to maintain status quo they publish bulletin early in the month and if the bulletin is delayed there is strong probablity that there will be some positive movement

    I have seen same trend for last two years. Reason was simple for last two years as they want to see demand for current month and then predict cutoff date for next month. But I don't see that same thing will happen again. As DOS must know remaining of visa # for fiscal year and also since USCIS has pre adjudicated at least 140k cases they should not take long time to calculate cutoff date.

    Their job is piece of cake now. But I was wondering that since till last month it was really game of guess for VO so he was not following Mid month date ( generally 15th or around ) to release data. But now he has clear picture in mind so he may wait till Mid month which is Friday to release data.



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  • desi485
    03-15 11:45 PM
    dude, you don't know jack.........there is no "eligibility" when it comes to EB2 or EB3.

    The FUC@#NG job has to demand a Master's for EB2.

    It's not like the monkey-jobs that you fools do for fuc@#ng two-bit desi employers who are anywhere from 5-100 people strong NEED an EB2 !!!!

    any monkey can do 99% of the jobs that desi EB3 people do on the West Coast and the East Coast...........that's reality. It's YOUR problem if you cannot stomach this reality.

    And all these folks have the audacity to call themselves "highly skilled"!!! hahahahahaha..............errr, by the way, what school did most of these people go to? Lemme guess..........some SDNMDFDF Institute of Tech in some freakin village in India??

    If they did not qualify for EB2, then they should have FU@#%NG worked HARDER when they could.............should have gotten a good degree........and landed a respectable job in a BIG company....

    And don't preach what you have no knowledge about, ok buddy?

    For the record, i have NEVER used any legal shortcut ever.

    If this is not a skilled job, why the H1B is required. Why not just any one does the job? USA too has jobless people.

    Your language shows that your not just frustrated fool but also a selfish idiot.

    For same reason you may have never got chance to work for a real company who follows immigration rules strictly. You think that all rules are flexible.

    No wonder you got so many red marks already. You are cursing others becuase you may have tried a shortcut and failed (no wonder as you are a fool).





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  • zeusjerry
    04-04 03:25 PM
    Your argument may be true only some extent. If you keep on asking more H1b and GC without meaningful reform of H1b then it won't sell in the congress and they will try to keep staus quo and you have to wait years to get gc. How do you resolve the problem of Cap reached within few days? Will congress accept unlimited H1bs? What is the solution for this?

    Solution is :

    1. Reform current H1B procedures so that it cannot be abused.
    2. Make H1b cap market based.
    3. Reform EB based GC process as suggested by Strive Act..


    If only i was president !! :)..



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  • .soulty
    03-02 07:52 AM
    nice link blue.. yep learning-maya is a great resource, make sure you also check out the partners on the right on that learning-maya link. ;)





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  • gimme Green!!
    07-01 10:46 AM
    It is possible for every city to have at least one usps office to be open on Sunday. They have a different day off.

    Just go to the USPS website and locate an office that is open on Sun.

    I live in the Detroit area. I know atleast 2 postoffices that are open 24 hours.



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  • logiclife
    01-15 11:55 PM
    Immigration Voice is starting a feature for recurring contributions per month. You can sign up for $20 or $50 or $100 contributions per month and a secure paypal transaction will deduct this amount each month and contribute to Immigration Voice.

    The question is, why should you contribute and what are the stakes? We have seen no reform from congress the entire year of 2006, so what is the point now? These are the questions, right? Is it even legal? What is the oversight of funds?

    I will try to answer all these questions below and if you have more, please feel free to ask over the phone or on this thread.



    1. Is it legal to contribute or participate?

    Yes. Absolutely. We have seen that reason as a number one fundraising killer. Everything done
    by immigration voice is absolutely legal. See more here: http://immigrationvoice.org/index.ph...43&Itemi d=48 (http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48)

    2. Is the money well spent?

    Most of our expenses account for lobbying fees. This is a non-profit and
    no one here is out to make money. Everyone here running this is a retrogression/backlog victim. See the bios of
    members and founders here: http://immigrationvoice.org/index.ph...57&Itemi d=49 (http://immigrationvoice.org/index.php?option=com_content&task=view&id=57&Itemid=49)

    If you still have questions, call us at 850-391-4966. We would rather have you call us and question us rather than not call and not contribute. We are not here to run a scam. This organization is registered in New Jersey, and the non-profit tax status is pending with IRS.

    3. Is it worth it?

    Well, do you want a greencard in this life-time? Yes? Then its worth every penny of your contribution. Otherwise you are wasting your time here on this website.

    4. Why cant big businesses, corporations contribute here or lobby on their own?

    Well, do you want to wait for someone to help you out? What if that does not happen and legal immigration reform is dropped again? Do you want to risk it? If you do then you are wasting your time reading this.

    We are trying to get corporate sponsorship for this effort but cannot completely rely on them.



    5. Why lobbying?

    We cannot cannot cannot in a million years do this without lobbying.

    We have retained the help of professional top firm in Washington for our advocacy efforts in Washington, DC. The firm has a strong reputation and value-added experience to help us achieve our goals of solving the backlog and retrogression problems.

    Working with professional advocacy group(lobbying firm) is only one way we are advancing Immigration Voice’s goals. While we are advocating for reform on these important issues in Washington, D.C., we need your help now more than ever – and you can help us in your city.

    6. Why me?

    Well, if you are here checking this website everyday, you are just about as worried about your greencard as the next guy who contributed. If you think that "Others" will contribute and reach goals, that is very unlikely to happen. If it does, and you see this org succeed without your contribution, then congrats to you. But then, for every member or visitor of this website who read forums everyday, wishes good luck, prays for success of Immigration Voice and DOES NOT CONTRIBUTE $$ thinking that "One non-contributor will be barely missed" we have a potential contribution not coming. And that is a majority as of now. Out of 8000 plus registered members and hundreds of more visitors, less than 2000 have contributed.


    7. What's to lose?

    Well, make a $50 contribution/month and that's one month's cable. Make it a $100 and that is 3 dinners outside with your partner. Make that $200 and that is one long weekend out the window. Is that all too much to lose compared to potential failure of immigration voice in raising funds?

    Think about all consequences and make up your mind.

    That being said let me sincerely thank people who have
    already contributed and also mention that a handful of contributors have made over
    $1,000 contributions or more so far in cash on top of volunteering time and effort.

    Let's begin contributing...Click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25)to sign up now.

    Advantages of Monthly recurring contributions for the Organization:

    With recurring contributions, Immigration Voice can plan and make a budget for the advocacy efforts in advance before the actual resources are needed.

    Payments are secured thru paypal. You can stop the recurring payments at any time in future by simply logging in into your paypal account and stopping it. Once you signup, all the details of your recurring payment would be sent to you in email by paypal so that you can save it for your records.

    Payments are processed by withdrawal of funds from your chosen credit/debit card or paypal account once each month.

    Please sign up and strengthen our hands. Click here (http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25)to sign up now.

    The goal is to have a total of 2000 contributors for recurring contributions in the next 1 month. Trust me, this is not difficult given the numbers we have even today. 8400 members, $ 200,000 raised so far. We can do much much much better than that.

    However, do the math. Some people have contributed more than 500. That
    means that with 200,000 coming from 1800 members, some have contributed
    nothing. Well, I understand the fears and apprehensions people have with new
    organizations asking for money and I am going to address all those
    questions and answer them one by one. So that the only reasons left after
    that for not contributing would be excuses. (unless you have another question...in which case, call us at our number 850-391-4966)

    Thanks.





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  • pmb76
    03-18 04:58 PM
    Link is here: http://immigration-information.com/forums/showthread.php?t=4285&page=26

    Ron Gotcher said on his reply to some readers questions:
    The mystery is solved. I have corresponded with Charlie Oppenheim in the Visa Office. He confirmed that the 27% limit does apply. He explained that during this fiscal year, the CIS consumed an unusually large number of Indian EB2 visas, thus making the category unavailable despite a retrogression in the cuoff date which was intended to hold number use within the limit.

    He said that based on his discussions with the CIS, he was informed that the CIS did not feel that the current amount of pending Indian first preference demand would be insufficient to use all available numbers under the limit. Therefore, he allowed some of those numbers to fall down into Indian second preference.

    So, the Indian second preference numbers used to establish a cutoff date for April are coming from left over Indian first preference, not worldwide numbers.
    __________________

    Your statement about 27% limit holding does not make sense ! As per the visa bulletin if numbers are not filled up in a particular category they will go to unsubscribed countries. Here is the excerpt from the April Visa bulletin:

    D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

    Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual �per-country� limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.



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  • aroranuj
    12-11 07:01 PM
    Here is my receipt number... NRC2008063637

    Lets hope all our efforts help...





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  • immigrant2007
    09-10 12:50 PM
    Thats what exactly I said

    http://immigrationvoice.org/forum/1984591-post28.html

    sorry brother..didn't see your post earlier...but that makes two os us thinking the same way.....I think we should ask for more transprecany from USCIS/DOs on numbers and approvals and all backdoors being closed.



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  • amitps
    09-26 11:52 AM
    Eilene Zimmerman
    freelance journalist
    v and f: 619.582.2192
    ezimmerman@sbcglobal.net





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  • skd
    09-17 04:33 PM
    If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.





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  • uma001
    10-06 09:11 AM
    Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.

    I gave purchase order between my employer and vendor. I prepared a letter with description of dutied and give it to lawyer, told him to attach it with the application. No RFEs approved in 15 days. I still need to receive I94 , so dont know how many years its approved.
    How can I get client letter before I join in a project?.Its not extension. It is impossible to get letter from client. If you say to the client I need letter because I need it for H1 transfer, they will say 'sorry, we will look for another candidate'..





    Marphad
    02-07 01:52 PM
    I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.

    Apply little logic and prove me why other countries will not get a chance.

    Sometimes people make argument without even thinking for a second based on some personal emotional belief.





    webr
    09-01 09:09 AM
    I am NOT from Aspen.



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