panvel123
09-11 11:31 AM
HR 5882 was approved by sub-committee last month and is currently awaiting markup by house judiciary committee, once the markup is done it may be sent to the floor of congress for debate and vote
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abhijitp
03-23 07:34 PM
I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!
We can help you! Please check your PM
We can help you! Please check your PM
sunty
11-10 11:27 PM
vin13,
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
I was not aware of any conference call being organized by IV, otherwise I would have certainly been there, for I really believe quarterly spillover can ease a lot of our pain and can be a good starting point to re-galvanize the community.
I think IV leadership should show the way here so that there is a chance we might see quarterly spillover in the January Bulletin. First it was the USCIS and now its the DOS that we need to wake from its slumber.
2011 2011 2011 Blake Lively - Elle
svr_76
02-19 01:28 PM
When/(and IF) this bill is passed....DHS/USCIS will be flooded with 12 million (some say 20 million) + all of the EB & FB applicant already in process.
So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)
So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)
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CR1
04-15 10:42 PM
I have been here about a year and am on an L1 with my wife and two children who are on L2s. We are thinking about starting the GC process. While I am sure this topic has been discussed many times before in this forum, what are the pitfalls, and how long does the process usually take? My understanding is it's relatively straightforward for L1s, however I have seen a number of posts talking of converting from L1s to H1s, so I am little confused as to which is the best visa to be on to apply for GCs.
Many thanks.
Many thanks.
slowwin
07-23 07:56 AM
now that the Small Business lending program has passed the 60 vote threshold, they would be putting Amndt. to it for vote. any idea, when sanders Amndt. will be vote on ?:mad:
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suriajay12
05-11 09:42 AM
Keep writing letter, regular mail etc to president, Ms. Joe etc...
I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.
But EB2 guys from much later date:
If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...
I can imagine whats in our EB2 (Feb 04-05) minds. "Lets wait and see what happens next month, or lets see Oct bulletin". I cant change your minds.
But EB2 guys from much later date:
If you looked at the pace it was moving in the last 6 months, you MAY get your GCs after 3-4 years.. which is unacceptable waiting too. So join hands with EB3 and lets move together. No point in waiting. DOnt you think all EB3s will convert into EB2 if there is no light at the end .. . So it will not serve anything if you keep quite...
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alisa
01-21 11:13 AM
Assuming everyone stays the course, under these timelines
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
Ok. So thats a 10 percent decrease in accumulation rate.
Lets add another 10 percent decrease to that. These will be 10 percent that commit suicide, suffer a lay-off, or just pack up and go back.
So, the accumulation rate decreases to 15600, the initial backlogs from 2001, and 2002 also decreased to 80 percent their currently assumed values. Following are the results. Good news. Wait time decreases. Bad news, you still have to send your dependents back as we are not counting them.
The timelines are now less than 20 years.
For India. (ROW wait times are less than 5-10 years anyway according to this model)
YApp YC(New) YC(Old)
2001 2011 2013
2002 2015 2018
2003 2016 2020
2004 2018 2022
2005 2020 2024
2006 2021 2026
2007 2023 2028
2008 2024 2030
2009 2026 2032
2010 2027 2034
In anycase, there is a point to this exercise.
I don't want to pull numbers out of my ass. I want to make a good faith effort in estimating what the wait times would be with things being the way they are. A reasonable model should show that for Indians, the situation is hopeless. For others, the situation is painful. The current model shows that. I just want to give this some time, and get the best feedback and incorporate that in it.
Maybe, then I will be able to convince people (especially from India) to get active, and stop being ignoramuses asking innocently 'Oh! Is the situation really that bad?'
If anyone has any ideas on modelling EB-2 vs EB-3 for India, that would also be helpful. Given some data, simple math should give us good enough estimates.
1. At least 5% of applicants will be sponsored by their American children.
2. Another 5% will have their first million and move to the investor's category.
The timelines would be a maximum of 20 years or so, at which point people would be sponsored by their children.
Ok. So thats a 10 percent decrease in accumulation rate.
Lets add another 10 percent decrease to that. These will be 10 percent that commit suicide, suffer a lay-off, or just pack up and go back.
So, the accumulation rate decreases to 15600, the initial backlogs from 2001, and 2002 also decreased to 80 percent their currently assumed values. Following are the results. Good news. Wait time decreases. Bad news, you still have to send your dependents back as we are not counting them.
The timelines are now less than 20 years.
For India. (ROW wait times are less than 5-10 years anyway according to this model)
YApp YC(New) YC(Old)
2001 2011 2013
2002 2015 2018
2003 2016 2020
2004 2018 2022
2005 2020 2024
2006 2021 2026
2007 2023 2028
2008 2024 2030
2009 2026 2032
2010 2027 2034
In anycase, there is a point to this exercise.
I don't want to pull numbers out of my ass. I want to make a good faith effort in estimating what the wait times would be with things being the way they are. A reasonable model should show that for Indians, the situation is hopeless. For others, the situation is painful. The current model shows that. I just want to give this some time, and get the best feedback and incorporate that in it.
Maybe, then I will be able to convince people (especially from India) to get active, and stop being ignoramuses asking innocently 'Oh! Is the situation really that bad?'
If anyone has any ideas on modelling EB-2 vs EB-3 for India, that would also be helpful. Given some data, simple math should give us good enough estimates.
more...
pappu
12-14 10:54 PM
Except for myself and Rajeev, no one joined the conference call tonight. C'mmon guys, we need some action here. We all ought to participate in these calls. Writing emails, coming and posting I am in is not going to help. We have to take actions here. I will set up a conference call on another day next week and please make sure you all attend.
Thanks,
Varsha
Thank you for organizing the conference call. It is sad to know that only one another member attended the call. All if we do not participate actively in the state chapter activities we will only be hurting our chances for the bill next year. It is every easy to write long posts and several posts on the IV forum about ideas and thoughts but all this does not really help. What helps is the real work -- Meeting lawmakers. Forum is just a tool for us to communicate and share views. Pls all actively take part in chapter activities and attend the next conference call.
Thanks,
Varsha
Thank you for organizing the conference call. It is sad to know that only one another member attended the call. All if we do not participate actively in the state chapter activities we will only be hurting our chances for the bill next year. It is every easy to write long posts and several posts on the IV forum about ideas and thoughts but all this does not really help. What helps is the real work -- Meeting lawmakers. Forum is just a tool for us to communicate and share views. Pls all actively take part in chapter activities and attend the next conference call.
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karmayogi
02-24 09:36 AM
Guys,
I can offer an extra bedroom with a queen bed to people coming from other places to the DC area for the advocacy event. Co-ordinators or interested parties please PM me and I can provide details.
Thanks
Yogi
I can offer an extra bedroom with a queen bed to people coming from other places to the DC area for the advocacy event. Co-ordinators or interested parties please PM me and I can provide details.
Thanks
Yogi
more...
mallu
02-15 02:08 PM
Some ROW folks here suddenly are saying that they like country cap quotas and there are against IV agenda.Why in the first place there should be a country cap on EB immigration ? Is it not the best and brightest in the world ? If there is FIFO implemented, how can a person in ROW will be effected by India and China as long as they meet the standards and file their petition on time.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
Well said. Now if one starts to take the true diversity into account, how many chinese and indians as percentage of current US population ? ANd how many from some prominent countries of Europe ? Just curious.
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kumar1
11-10 11:40 PM
PCS - What you are suffering from is known as PVBS (Post Visa Bulletin Syndrome). It is very common in Indian and Chinese community living in the US.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
This condition stays with the patient/sufferer for 15 days or so and then disappears like a f*a*r*t in the wind. It is more likely to happen to those who fall under EB-2 category and especially those who are 6 months or so from priority date to be current. This condition keeps re-appearing till the patient gets green card and then it gives birth to another condition call PGCS (Post Green Card Syndrome). Typically, that condition lasts for 5 years till the patient gets US citizenship. There are some documented evidences that Amway and QuickStar have tried to fix this condition but medical community is yet to approve that.
Laughter is the only known cure of this condition. Returning back to home country can also cure this condition.
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house Blake Lively brings us an
sameer2730
11-25 08:51 AM
wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.
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Macaca
04-04 10:49 AM
We already have a campaign to call legislators. Please call the legisltaors and inform them about these issues. Thanks!
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pictures images Blake Lively: 2011 Elle
angelfire76
02-14 09:25 PM
The pint is well made....
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.
See the history... all big things ( godd or evil ) started small....
How can one bring US out of recession by firing 65000 H1-B when FOUR MILLION jobs are lost in a year ?????
85000 x 6 = 410k. Of which let's assume that around 30-35k are taken by Indian companies who generally don't use the H1B time to the same extent as local companies or desi consultancies. It still leaves around 300k jobs that could be vacated by force.
Even 30k jobs added "back" to the available pool for American workers is a PR victory for the administration. Besides nobody likes us anyway, which is another PR coup for the antis.
dresses Number 3 : Blake Lively
pcjandyala
09-26 11:01 PM
Dear Reader,
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a
protest of
the long delays in securing green cards for highly-skilled workers
already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
Thank you for your interest in FSB. We admit that there was a
mischaracterization of the Capitol Hill rally in the story and it was
corrected as soon we realized the error.
We have changed the story to correctly identify the mission as a
protest of
the long delays in securing green cards for highly-skilled workers
already
in the U.S.
We will work to avoid errors like this in the future.
Best regards,
FSB
more...
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the_googly
11-13 11:09 AM
Not sure if we can conclude that there has been NO spillover. The dates have not moved back (retrogressed). You need more visa numbers than the quota - even to hold the dates. The only way to find out is to get the pending visa numbers report.
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GCBy3000
07-13 07:37 PM
I dont see any problem if we align with like minded orgs. If we allow today Murthy to take credit, then we are mis-directing our fellow immigrants who would be comng down the years here. They all believe Murthy is for immigrants and fall in their trap.
So let us all be clear in selecting our friends or foe keeping our goals and vision for future immigrants. I am OK if we dont get anything, but I dont want to lose anything.
All,
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
So let us all be clear in selecting our friends or foe keeping our goals and vision for future immigrants. I am OK if we dont get anything, but I dont want to lose anything.
All,
Discrediting attorney Murthy does not serve our purpose.
If she is doing something good, that is generating more pressure on USCIS, then let's stop criticizing her.
Though she is taking the step a few days late, it is a step in right direction and lets support and thank her...
Everyone has their motives...What matters is the end product...
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engineer
06-12 11:57 AM
CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
I agree. IV must think of a strategy where they can lobby to get just provisions for legal and highly skilled immigrants approved as seperate bill.
If we couple this with illegals then no body is going to pay attention.
Ramba
07-04 07:25 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.
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.
weasley
11-12 05:17 PM
VIN13
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.
What else you want us to do?
Thanks.
Contact your congressman and use the draft to help get clarrification/resolution. If they cannot help resolve, but can get an appointment with a higher official then one of us can go meet them. Some of us are willing to fly/drive.. at our own expense to meet the official.
I know atleast 3 members including me who would be meeting lawmakers of our respective constituencies. When we meet the lawmakers we plan to discuss about our provisions in the CIR(Recapture, country cap,...) and then in the interim we would request them to help us resolve the quarterly spillover.
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