perm2gc
12-29 02:42 PM
It good to see some activity on the thread..Please carry on the advertising..we are near to our goal ..
Thks for all who have spent their valuable time on posting about IV.
Thks for all who have spent their valuable time on posting about IV.
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sganny
04-08 01:00 AM
no no. This is very true. This happened to my friend's friend.
My friend's friend was visiting my friend and was traveling with his dog. The vo asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The vo immediately called my friend and asked if he can take a us dog and have it poop in the park and pee on tire. My friend said yes! And the vo immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
Iv should do something about this before too late! ;)
roflmao!!!!
My friend's friend was visiting my friend and was traveling with his dog. The vo asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The vo immediately called my friend and asked if he can take a us dog and have it poop in the park and pee on tire. My friend said yes! And the vo immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.
Iv should do something about this before too late! ;)
roflmao!!!!
ajm
10-22 04:22 PM
I sent the fax today afternoon.
2011 japanese samurai tattoo_20.
akhilmahajan
03-09 08:33 PM
When u say Efile, do u have to send any paperwork.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
Also, everytime we renew EAD, so we need to go for Fingerprinting.
As far as i understood, FP is good for 15 months.
Thanks.
more...
abd
09-17 03:35 PM
I changed employer and location. So I was asked to clarify the location change if I am still with the sponsoring employer or submit a letter from a current employer stating duties salary etc. Replied to them and they are evaluating the response.
How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.
How many days have passed snce they received your response? Was yours similar to mine. Please look at Page 1 of this thread of my detailed RFE. Did the sttus change for you to "Review"? Sorry so many questions but my attorney is sending the response overnight today and i am so nervous and anxious and scared and.... etc.
qesehmk
02-12 02:46 PM
No rally, No pubic initiative.
You mean PUBLIC !!
Thanks .... you made me laugh after greyhair beat the daylights out of me!!
You mean PUBLIC !!
Thanks .... you made me laugh after greyhair beat the daylights out of me!!
more...
desi3933
01-31 05:56 PM
first of thanks a lot for taking time and explaining this in detail.
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
so if i understand it correctly, I have applied in jul2007 and entered on h1 on dec2007. if i get my gc in 2012. I can not be out of status for more than 6 months between dec 2007 to whenever 2012. So if i start using EAD i need to make sure i have a job almost all the time.
RFE which was posted is clearly looking for past employment history. If W2 shows that in year 2009 i made 40k and my labor cert was for 80K it will be a problem. assuming u r getting RFE in future. this realy is crazy.
Out of status is usually checked until date of I-485 filing. One exception being working without valid and active EAD when I-485 is pending.
H1 status, one should be paid what is mention in H1 LCA and it is not related to LC Salary for green card. LC Salary comes into picture for ability-to-pay issues.
____________________
Not a legal advice.
US Citizen of Indian Origin
2010 japanese samurai tattoo_20.
Buran
02-14 12:30 AM
Dear friends,
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. .....
1) Per country quotas in EB immigration cause infighting
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
I am appalled and disgusted by the mudslinging going on between ROW and India-born applicants. .....
1) Per country quotas in EB immigration cause infighting
I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.
If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.
more...
dish
07-02 09:59 AM
Is Green Card numbers allocated beginning of every quarter. USCIS Fiscal year runs from october 1st to sept 30th.So for July being the start 4th quarter of the FY 07 shouldn't USCIS be allocating visa numbers in JULY. They cannot use up all the visa numbers for the FY 07 before july, Am I right ?
Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.
Supposing USCIS retrogresses PDs to 2001 or 2002, why not we push more for grabbing the wasted Green Card numbers in the prior years.
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dressking
09-28 11:19 AM
Well - though white racists may oppose - anything related to economy and development does go through.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same in size, you will feel less pressure. If you are among few foreign professionals working among a largely native population, you will feel a lot of pressure.
I personally think that if this proposal goes through - EU will be the next melting pot.
Racism is there everywhere, we find it in US also, even in India, you find caste system and inter state racism. With rising opportunities, such things may not really be visible especially in places where there are free zones.
Does anyone has more info on this?
People are always prejudiced against something. If it is not race or ethnicity, it's country of origin, province of origin, class, gender, faith, or whether you are poor or rich. Even poor people have prejudices against rich people. And people tend to group with people who share their prejudice to fight against those who they are prejudiced against. It just makes life miserable for everybody.
But at least when the two groups who are against each other are about the same in size, you will feel less pressure. If you are among few foreign professionals working among a largely native population, you will feel a lot of pressure.
more...
gc_mania_03
07-09 07:43 PM
http://www.ahslaw.com/documents/AHSLawsuit.pdf
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
What are we fighting for now? We are expending all energies for temporary relief. I do not mean to belittle how important this step is for people who have been waiting to file for their 485s/EADs.
But, couldnt these organization sue USCIS over the past years for being inefficient and squandering so many visa that could have helped a lot of us...Why isnt anyone talking about that? Should the new law suit also include the complaints of inefficiencies at USCIS and the cause of lost visas...
Or am I just being naive with this thought...
This document gives lot of legal details, states what the lawsuits exactly is..
P.S : I Think its just filed, not accepted by the court as of now
What are we fighting for now? We are expending all energies for temporary relief. I do not mean to belittle how important this step is for people who have been waiting to file for their 485s/EADs.
But, couldnt these organization sue USCIS over the past years for being inefficient and squandering so many visa that could have helped a lot of us...Why isnt anyone talking about that? Should the new law suit also include the complaints of inefficiencies at USCIS and the cause of lost visas...
Or am I just being naive with this thought...
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rpulipati
09-26 09:44 AM
If you guyz like it, please use it.
===========================
Dear Editor,
I'm a skilled worker and attended the rally mentioned in the article. But as per the article, our intention was NOT to get attention to H1-B visas, instead
---------
the rally is for the skilled legal immigrants already present in United States, requesting Congress to speed up the permanent resident applications by re-suing the previous years unused visas and/or increasing the annual cap.
---------
There is a lot of difference between these two agenda's and this article really sends a wrong message to the entire American community.
So, I request you to please act immediately and correct the article. Also, please do sufficient investigation before you post things that are important to community (such as immigration).
Thanks
===========================
===========================
Dear Editor,
I'm a skilled worker and attended the rally mentioned in the article. But as per the article, our intention was NOT to get attention to H1-B visas, instead
---------
the rally is for the skilled legal immigrants already present in United States, requesting Congress to speed up the permanent resident applications by re-suing the previous years unused visas and/or increasing the annual cap.
---------
There is a lot of difference between these two agenda's and this article really sends a wrong message to the entire American community.
So, I request you to please act immediately and correct the article. Also, please do sufficient investigation before you post things that are important to community (such as immigration).
Thanks
===========================
more...
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Legal_In_A_Limbo
03-14 05:51 PM
Thanks for sharing the info. Did you get any new attorney?
I self filed, as will be doing AC-21 in a month or so.
So wanted to make sure i revoke my company attorney.
Thanks
I self filed, as will be doing AC-21 in a month or so.
So wanted to make sure i revoke my company attorney.
Thanks
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grinch
03-11 03:26 PM
Gah BlueSun, I love your render, especially the lighting...
I CAN'T GET THAT!! AHHH I HATE MAYA
I CAN'T GET THAT!! AHHH I HATE MAYA
more...
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mpadapa
09-12 11:08 AM
There is still seats available on the tri-state bus..
Hop on the bus (free ride) for a journey towards better future
click on my signature
Hop on the bus (free ride) for a journey towards better future
click on my signature
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mpadapa
09-12 11:08 AM
There is still seats available on the tri-state bus..
Hop on the bus (free ride) for a journey towards better future
click on my signature
Hop on the bus (free ride) for a journey towards better future
click on my signature
more...
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delax
07-14 08:01 PM
Yes. I VOLUNTARILY exclude myself from any such potential benefit. :)
I am surprised by the defence of this lawfirm in most of your posts on this forum.
And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"
By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".
Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
I am surprised by the defence of this lawfirm in most of your posts on this forum.
And I am surprised by you using a contribution to Immigrationvoice as the only yradstick for working towards immigrant "rights"
By that yardstick neither of us can proclaim ourselves as being working towards immigrant "rights".
Note the quotes - a privilege cannot be a right. DUE PROCESS is your right towards attaing that privilege - we need to focus on that - not on what Murthy does or does not do or even more importantly what you expect her to do or not to do.
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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.
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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gccovet
02-19 01:09 PM
That's exactly what I wanted to ask! How on earth are they going to prove a presence?
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).
http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html
GCCovet
1. Drivers license (that only shows the date they started)
2. Utility bills (is that possible?)
3. Bank statements (I'm not sure if undocumented ones get accounts)
4. Employment proof (right...)
5. Real estate titles
I'm not saying they can't, but trying to think how...
IRS accepts illegals to file IRS Tax returns. Many of the illegals do that (they use ITIN #'s instead of SS#).
http://www.nytimes.com/2007/04/16/nyregion/16immig.html
http://www.associatedcontent.com/article/216870/illegal_immigrants_file_tax_returns.html
GCCovet
nandakumar
10-22 05:37 PM
I faxed the FOIA request.
perm2gc
01-10 12:12 PM
new forums and sites are here
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
any volunteers?
volunteers to post in those above listed forums or to search forums ?
http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
any volunteers?
volunteers to post in those above listed forums or to search forums ?
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