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Thursday, June 16, 2011

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  • yabadaba
    02-21 03:19 PM
    singhsa...all number and predictions get thrown out of the window when it comes to indians. we find the most innovative ways of jumping ahead in line.

    i remember a few months back I had checked on and there were approximately 200 people with an earlier priority date than mine 09/2005. now there are 700.

    I agree the BEC freed up many people but a bulk of these cases are priority dates porting and labor substitution.

    so you can download and analyze the labor certfications from flcdatacenter (or look at my earliest posts..when u search posts by user) but the fact of the matter is that there is no predictability to the queue because we specialize in jumping ahead





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  • mugwump
    09-26 12:00 PM
    She changed the article, but shouldn't we ask her to apologize for misinforming people???





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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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  • mahujam
    10-15 05:09 PM
    So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?



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  • willwin
    04-03 02:02 PM
    Not yet Filed EAD. PD MARCH 2005

    Oops! that's pretty bad.

    Looks like you missed the boat last July!

    I know guys with PD 2006 and got their GC approved during July-Sep 2007.

    Hope the date moves this summer so that you could file your 485.





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  • GCchakravyuh
    09-19 11:13 AM
    First, I would like to congratulate everyone who contributed to the success of the DC rally on Sep 18, 2007...

    I was there and I am proud of our ImmigrationVoice members for this FANTASTIC effort!

    We are just starting and taking baby steps with these kind of activities...So, anything I mention below is not a critic, but a humble feedback/opinion...Please don't get offended.


    1. We must immediately change our name to LegalImmigrationVoice.org( LIV.org)...But still Immigrationvoice.org should work....This should be done ASAP...like within next week...Please conduct a poll for this ASAP.


    2. We must/should always wear formal suits for these kind of rally....this would definitely give us a very high status and definitely there will not be any confusion if the rally is by legal or illegal immigrants. Even if it is hot summer, we must stick to this dress code...


    3. In all the signs we had today, we need to have one line clearly in bold as "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" - bold and clear..

    Also, all our T-shirts should have
    "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants" in the back

    4. One of the rally participants told me that a guide was telling a tourists bus passengers quote "these folks are illegal immigrants...", the rally participant who heard this went to the guide and explained that we are legal immigrants...if you think the guide is not smart enough to read our signs and understand that we are legal immigrants, read next point...

    5. On the rally route, one gentleman, who was dressed in suit, looked well educated came up to me and asked what we are concerned about...I told him that green card process for Legal Immigrants is taking between 5-10 years and we are requesting to expedite it.....so it is clear that all our signs need this text at the bottom "Legal Immigrants - LegalImmigrationVoice.com - Faster Green cards for Legal highly skilled Immigrants"


    We cannot be perfect the first or second time....Lets learn from this rally....


    A pat in the back to all those who attended the rally....

    Good Luck


    yes this is what has been worrying me, ever since i became member of this esteemed organization. With the illegal immigrants also fighting in the same era, I fear IV is not misunderstood & hence misjudged. Lets really really change the name to LEGAL IMMIGRATION VOICE. That way these desperate, justified efforts will get more coverage. Hope it makes sense to the managers of the IV



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  • Nil
    03-17 11:31 AM
    There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
    Maybe the lawmakers should understand this plight...





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  • StarSun
    03-08 10:27 PM
    Please let me know who wants to travel .. i can book a ticket for you ... please reply with your details i will contact you

    Please contact vin13 through private message. He is coordinating our air miles donation effort.



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  • nixstor
    07-05 02:15 PM
    Damn straight, I am one of the free riders.. But I contribute back by doing the work... I have emailed and called media personnel, office bearers etc.. why should I pay on top of that?? When I make the calls, write the emails, I dont think I will be singled out and the only person to benefit out of it...

    Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...

    My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..

    Thanks a lot for helping yourself and us. But you have revealed your
    short sightedness in thinking that by calling, emailing, digging you have done your job. With out $$$, all this grass roots work will not get any where. Its your choice to understand the importance of contributions or not but do not discount them saying that emailing/calling is more than enough.





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  • dealsnet
    03-19 09:03 AM
    We need to focus immigration issue rather than talking about 'thali' or 'wali' bans. Some people coming to this forum to have fun and writing non sense. Please concentrate on our goal. ' make every EB based immigration current'. !!!


    Guys... can we drop the whole discussion about this guy's name.

    It is no advisable to discuss such topics in public forums on the internet. These keywords attract unwarranted attention.



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  • Suva
    06-11 11:29 AM
    Sent to NJ lawmakers.





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  • ItalySeAaTapki
    03-07 01:12 PM
    Attorneys make their living by scaring people. They may not always be sharper than an IT professional like you.

    Rajiv had in one call said"I do not know why we are charging as much for such a simple thing. Unless there are complications, you can do it yourself"


    Unless there are complications, look for good templates on immigration.com forums. You can as well spend that money on better things.



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  • sammas
    07-12 03:57 PM
    E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS

    INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), 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 otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.

    For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.





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  • saimrathi
    07-03 09:13 AM
    with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.

    How about Google ads.. Gmail, Yahoo etc are not paid sites and still do a very reliable job..



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  • rsriram
    11-02 03:57 PM
    I am on L1 & my I-94 is expiring in a month from now on 11 Dec 2007 . I have applied for my L-Extenstion and is pending for approval.

    Given this case - can my wife apply for a EAD with the current L1 approved document (expiring on 11 Dec 2007( and add my L-Extension approval papers later on?

    There seems to be a three month delay in getting the EAD - hence wanted to initiate the process earlier and not till my L-Extension papers come-in

    Please help me ASAP.

    Sriram





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  • vamsi_poondla
    02-13 11:02 PM
    USCIS did not form any new rule to create divide and rule. If we are divided that is because we are thinking of ourselves as ultimate judges of all events and think that our opinion is right.



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  • Karthikthiru
    06-10 03:55 PM
    Done. Just did it





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  • varshadas
    12-19 09:26 AM
    Conference Details

    Date: Wednesday, December 20, 2006
    Start Time: 9:00 PM Eastern Std Time
    End Time: 10:55 PM Eastern Std Time
    Participants: 25
    Type of Conference Web-Scheduled Standard
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 22558





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  • NKR
    07-28 01:10 PM
    I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.


    Well said, people should exercise restraint while following freedom of speech since it can hurt sentiments.

    When someone drew nu** pictures of Hindu Gods and Goddesses, all these so called pseudosecularists cite some 16th century sculpture and say that it has always been like that. Someone sculpted something which was wrong and now some people allow another wrong citing the previous wrong. 2 wrongs won�t make a right.

    The post previous to yours asks people who are complaining to take their complaints to RSS and BJP. Why?. So that they can call them fundamentalists later?. This is heights of hypocrisy.





    uma001
    10-05 07:25 PM
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    Eternal_Hope
    03-09 04:47 PM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??



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