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Thursday, June 23, 2011

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  • delhiguy
    07-09 04:05 PM
    Delhiguy,
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.


    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.





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  • Googler
    02-21 12:52 PM
    Can the mods please split off these posts about porting to EB-2 to another thread? People who want to discuss converting to EB-2 would you please start another thread, so this one can be devoted to spillovers, visa cutoff movements etc?

    Thanks!





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  • webm
    04-07 05:01 PM
    Finally just received THAT email. "Current Status: Card production ordered"

    PD Sep 2001

    EB3 India.

    First of all Congrats!!

    BTW,what is your 485 RD and processing center??





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  • snathan
    04-06 08:52 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.

    Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?



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  • polapragada
    02-18 07:37 PM
    I hope it will become law...
    But my mind says NO way!!!





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  • nozerd
    01-27 10:47 AM
    I went back and reread the July 2001 Bulletin.
    How difficult would it be to lobby for extending the same logic for removing per country cap ? I am sure removing 7% cap would definitely help.

    Also since EB3 World has a cut off does it mean that no visas will be left from the world pool which can be recaptured ?



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  • GCVivek
    03-21 02:50 PM
    Consultants end up being cheaper for companies. Much cheaper! No labor tax, no payroll tax, no health insurance (over $500), no any insurance, no contributions to 401K and many more expenses. Plus $12K and then what? You will leave the firm in 6 months. Plus you cannot say that ONLY they got their worth from your services. They paid you what you are worth too! Right?

    Green card processing costs only $12000 max..Its not a big deal for such big companies.They just dont want to do the favor.
    getting green card itself takes min 10 years. so you r going to stick on to this company until that time. is that not a gaurantee. working for 10 years with same company.
    you know y consulting companies file green card immediately. they do that becos the employee will stay with the company for a while.American companies do not realize this.
    one of my friend came back to compny as a consultant. now they are paying two times more than what they were oaying him as full time employee. is that not an expense to the company...why they r paying him that much now , instead they should have filed his green card.





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  • BlueSunD
    03-11 05:03 PM
    OK, sorry for the delay. First make sure you�re in "Rendering" mode, select the light you want to unlink (at least at firs, since by default when a light is created it lights every object). Now, shift select the object(s) you may want to unlink, now go to Lighting/Shading in the menu bar, and select the option "Break Light Links" and that�s it! Now do a tst render and see the result.To do linking, it the same way but obviously using the "Make light link" option. Hope it helps! And I like your image very much!



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  • vandanaverdia
    09-11 07:08 PM
    "All men dream but not equally.
    Those who dream by night in the dusty recesses of their minds wake in the day to find that it was vanity; but the dreamers of the day are dangerous men, for they may act their dream with open eyes to make it possible."
    - T.E. Lawrence

    Don't we all dream of getting a GC???
    What is stopping you from to DC???
    Come & join hands & lets be heard!!!!
    Go IV!!!





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  • insbaby
    05-07 11:10 AM
    If you have paid and do not have access then send us an email to info at immigrationvoice.org with your payment details, name, email used to contribute and IV ID.

    We have added everyone that contributed. Sometimes there is a delay of a couple of days.

    I saw couple of them last week, now I searching, searching and searching, not able to see donor forums on updates except one that says "start of the donor forums".

    Is there a link that shows all donor forums...



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  • jthomas
    05-26 10:39 PM
    I was checked by immigration authorities when i was comming from San diego to Los Angeles. Near the check post there were signs to go slow for imigration checks. One border patrol car came besides me and waved his hand to pull towards the curb. I changed my lanes and also helped the border patrol to change his lanes towards the shoulder. He got down from his car and asked me what is my status I told H1B. I showed him my ID card and told him to check my status through my ID card. He returned my ID card and let me go. (I don't know why they let me go maybe my name is spanish and my last name is british)
    Just wondering what would the immigration authorities do if they catch a illegal. There are millions of illegals in Los Angeles and they also had rallies almost every year in downtown Los Angeles.
    I am not going to carry my immigration document if i am within US. I never have carried during the last 7 years. At the most they would escort me to my residence which is okay for me.

    J thomas

    I carry my GC, passport etc even if i get out of my house to my lawn.
    I also stick them to my body in a water resistant package when i dive into a swimming pool, in case a immigration nut lay waiting there. Law is law. Why can't they collect my finger print/iris scan and determine status ?





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  • Ramba
    07-14 06:01 PM
    Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.


    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate



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  • starving_dog
    07-24 11:22 AM
    No, for employment based citizenship you must get your green card to start the five year clock ticking for naturalization. You may apply for citizenship after 54 months of naturalization.





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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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  • anju
    09-05 11:40 AM
    Do you know about new category when booking visa stamping appointment?

    It reads Renewing same category visa expired within last 12 months. If you say yes, there is no appointment available as of today. At least not in Chennai consulate? Anyone knows about this?

    Anju





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  • indianindian2006
    07-14 07:05 PM
    So whether you receive RFE, NOID depends on adjudicator instead of USCIS rules.

    That is the reason I was asking you to try to find from your ex-employer if you could get any news.General procedure from what I have read is to issue a NOID but they have given you a RFE which keeps you alive for now.Maybe your ex-emplyer cancelled your 140 after 180 days but again all this is a shot in the dark and only your ex-employer has the answer for this.



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  • alex99
    10-25 11:19 AM
    Please participate in EB3 Poll





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  • rockstart
    03-12 08:36 AM
    To be able to use the AC21, should the I-140 be already approved for 180 days or more?

    No its 180 days since receipt date. It is safe that your I40 be approved but not necessary. The other condition is you are working in same/ similar job profile and you are getting wages equal or higher than what is mentioned in your LCA.





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  • TeddyKoochu
    07-12 05:18 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.





    vandanaverdia
    09-12 02:32 PM
    You and me together can make a difference...
    Lets all stand up together & be heard!!!!
    Come to DC!!! GO IV!!!
    Help IV help you....
    Its now or never...Or else it may be too late....





    chanduv23
    03-09 12:31 PM
    VDLRao is ONLY a stress reliever - not to be taken seriously.
    I am surprised that the community still does not realize the gravity of the situation and still thinks and plays the "positive attitude" game on their own lives.

    Hello - economy is tanking and right now, we cannot see any positive movement in near future.

    Please be prepared to protect yourself from job layoffs and immigration challenges rather than sitting and playing the predictions game



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