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Wednesday, June 22, 2011

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  • Macaca
    07-17 10:26 AM
    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    Please post URL





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  • ajthakur
    07-14 05:44 PM
    PD: Jan 2006
    Category: EB2
    Could you inform us what your Eb category is and what is your priority dates.
    TIA





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  • pkv
    03-17 04:36 PM
    Hi,
    We filed I-485 july last year, but didn't file for EAD.

    Now I want to file EAD for me and my wife, she is on H4 right now.

    The main posting talks about filing everything together.
    Anyone know which all forms I need to send when applying only for EAD? do we need send any other form than I-765?

    I filed in nebraska, but case is with texas service center now. Where should I mail my forms? Texas or Nebraska?


    Thanks,





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  • WaldenPond
    02-19 07:45 AM
    Hello retrohatao,

    Thanks for coming forward to take the responsibility. I have sent you a private message. I will wait for your response.

    You have described the problem very well. I have tried every way to get name check done. I have gone for FP four times (three times after 15 months expiration as they screwed up twice) but still no end in sight. For FP, each time I have to travel to a city that is couple of hours away. Both, my spouse and I have to take a day off from work. So it usually costs us couple of hundred dollars just to get each FP done. We have contacted both the Senators of the state and my congressman. We have made some good contacts with the staff of the congressman and this is helping with this effort. They have all communicated that it is in name check and they cannot do anything. We have tried every suggestion that is posted on the web but nothing seem to work. So we completely understand and go through the same frustration and relate to everything that you and willgetgc2005 wam4wam & stirGC maybe going through.

    Hello willgetgc2005 wam4wam & stirGC,

    I would request you to please help retrohatao and all of us to make this effort a success. It would be great if you could please come forward and join this effort actively. It would be great if you could encourage others to join. Please tell others that simply reading/posting messages and not actively participating is like watching a game from the sidelines and still expect to win without even playing. Please tell others that no one can win by watching from the sidelines. Together we can make it happen. I will eagerly look forward to hearing from you.

    Regards,
    -WP



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  • ilamurughu
    10-29 07:38 AM
    PD Oct 2003
    LC approved - Oct 2006
    I-140 approved - Oct 2006 (PP)
    485 - Pending - RD 08/02/2007





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  • satishku_2000
    12-27 01:50 AM
    I travelled in last november thru hongkong. You dont need a transit visa but I felt humiliated with the treatment. Hope you know what I mean.

    And on another note My sis and her husband have been Bank Of America customers for a long time and they have decent amount of funds in their account .Their mortgage application was rejected by BOA because they dont have a GC only to be accepted by other lender and better APR on their loan :)

    I like this country and capitalism ...God bless America.



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  • FucTheGC
    06-06 02:44 PM
    My 485 packet went to Nebraska from where it was transferred to Texas. My I140 was approved from Texas too.

    Mine is so similar to yours !! Jan 27 instead of Jan 29 and July 2 instead of Jul 13. VA instead of OH. Hope mine will get cleared soon. But God only knows when. :)





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  • quizzer
    08-15 03:59 PM
    Sep visa bulletin better than expected for EB2



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  • biomd
    10-12 02:26 PM
    PD Aug 2006
    I 140 Filed in June 2007. Pending @ TSC
    I 485 Filed on 10th Aug 2007
    FP Notice received.





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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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  • chanduv23
    11-11 03:47 PM
    We can do something to start with call. later admin adds funding drive or some senior member will add funding drive. Why people asking for IV core is If I or other member will start some thread/campaign it will divert to other discussion or no more support. But I have notice that if IV core starts it people become active and call or write email.

    Even being a organization some one may be prez of IV org can call Zoe and find out what will be deal with HR 5882 in lame duck session. They will not reply to me or other members but atleast can reply to some IV rep.

    hows that ? I am not favoring rajuram or not against chandu.. just expressing what I am thinking and what others may do..

    You are also a very active poster and can definitely help IV in all possible ways. Thanks for all the help.





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  • clif
    03-12 02:00 PM
    BharatPremi,

    So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?

    Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?



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  • godspeed
    06-10 04:18 PM
    ...





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  • eeezzz
    02-14 03:22 PM
    Everybody stands in one single queue......one line not five lines......one line my friend, irrespective of your nationality. so if you wait 2 years, or 2 hours..I wait the same. Unlike NOW, where some people wait 5-8 years and others 1-2 years.
    I think what USCIS can do in order to achieve your "fair play" is they will start to put country limit on H-1B also and then cut off date show up for some countries for H-1 applications(PS: unused quota can't go to oversubscribed countries at 4th quarter). In this case, years later, there's no need for specific country bulletins for EB.
    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?



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  • pmb76
    09-05 03:57 PM
    reliable and consultants :) an oxymoron. Why do you want to get blood sucked out of your body ?





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  • amsgc
    07-19 12:06 AM
    We need a realistic estimate of how many applications are pending with PD in 2004, which really seems like the bottleneck. Another thing to bear in mind is the conversion from EB3->EB2. That is also going to hinder the movement of EB2. There are a lot of people trying to use that route.



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  • chanduv23
    11-11 05:58 PM
    Don't worry about the comments and the dots. I agree, things are going to get very tough in coming years.

    And, the work of every president in the modern history has been diagonally opposite to the expectation. Example, conservatives voted for Bush to ban abortion, stop illegal immigration, balance budget etc. On all these issues, he was a major upset to his supporters. Based on what I know (and don't know), I think that the expectations of most people from Obama administration are likely to dash against the rock. Specifically, people on immigration forums like this one, who feels being in the proximity of a miracle will soon realize the dangerously flawed situation. The apathy of this community will consume it. Live and learn....


    .

    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





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  • kvrr
    01-16 05:42 AM
    Signed up for $100/month recurring payment. Thanks for setting this up.





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  • Jerrome
    07-28 03:49 PM
    Good one..

    I am reading about 16th century stuff here in this thread.

    Let us go back to 10,000 B.C or further back (ice age or if possible even before).

    Was there any gods (known to us) then (any religion for that matter)?

    Gods came in to existence with human civilization. Initially as an answer to all things that were 'unknown' to human beings and then later as a 'tool' to insist discipline (in their own understanding as to what discipline is) among human beings.

    We talk about Iran, Iraq, afghanistan wars, bomb blasts in India, poverty in places like somalia and in all of these INCIDENTS millions of innocents died/die. What are/were the 'Gods' doing? Can They not stop this from happening?
    They won't. Because these are started by human beings and unless we stop it won't stop. Now don't direct me to a book or a PDF. Answer me straight.

    Human beings are the most cruel/selfish creatures on earth. We are animals - well worse than them - social animals. This thread does not make any sense.

    We are talking about our 'beliefs' here and that is decided by so many factors. Million people will have million different beliefs.





    ramus
    07-02 07:43 PM
    If you don't belive in giving fight back and feel not contributing then its okay..


    WHY funds man..Please concentrate on something else instead of working on this lawsuit. It is waste of time I think..This is my openion.

    Ask funds for some other work but not for lawsuit..





    gsc999
    04-20 05:23 PM
    I have already called seven members who have been active lately. I don't have other phone numbers. If you still need people to call. Let me know. You can PM me



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