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Tuesday, June 21, 2011

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  • snathan
    04-13 11:58 AM
    I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.





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  • deepakjain
    06-08 06:33 PM
    My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:


    You might get your GC while you are at the retirement home....





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  • coolmanasip
    03-07 10:43 AM
    Yates Memo clearly says that ability to pay should not be a factor.....read below......

    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other words, from the new company/employer to which someone has ported?

    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment. It may be appropriate to confirm the legitimacy of a new employer and the job offer through an RFE to the adjustment applicant for relevant information about these issues. In an adjustment setting, public charge is also a relevant inquiry.





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  • gk_2000
    06-11 11:40 AM
    Re-sent to CA senators



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  • Berkeleybee
    02-14 01:17 PM
    Retrohatao,

    Also want to tell you that as the CA team meets lawmakers we give them an informational packet that includes:

    (1) Our presentation

    (2) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf

    (3) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    (4) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    (5) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html

    Number (3), the GAO report describes the security check problem in tremendous detail. We give this report to lawmakers to remind them of the farcical nature of the security check problem. Note also that the CIS Ombudsman's report also includes critical commentary on the security check problem.

    To reiterate, we are committed to removing ALL the hurdles in the process, not pick and choose between them.

    best,
    Berkeleybee





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  • Ramu25
    04-26 10:52 PM
    Can I apply for the adjustment of status by my self without the H1 - employers Notice.From L1 to H1.



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  • 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.





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  • BharatPremi
    10-25 04:41 PM
    Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.

    Reason: All of us(between 2002-4) were rotting in BEC for years...BEC just
    vomited us out between Jan 2007 to September 07.



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  • StarSun
    03-16 07:12 PM
    VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......

    VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.





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  • jsquare
    08-19 04:45 PM
    Hi,

    This is for EAD Renewal (I-765)

    I was working on H1 till May 08 now I am working on EAD

    What should I write in column 15.(Current Immigration Status) in I-765 form

    When I was on H1 in 2007, during first time EAD appliaction I filled with H1B


    Please advice.

    Thanks
    JSQUARE



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  • gcpool
    03-17 09:31 AM
    EB3 to EB2 filing is not cheating. They too are waiting in line. What used to be unfair was the fact the labour clearance in a lot of states used to take years and years and some places in months. What is unfair is allowing to labour substitute. If you have been waiting for long you too can try to change to EB2. And its not cheap and convinient.

    The biggest problem is interfiling from EB3 to EB2. USCIS must not allow anyone to change categories and retain old priority dates. This is nothing short of cheating ! What about the people who have been standing in line. You can't just change the rules when they suit you and get into the middle of the line. Pathetic !





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  • freedom_fighter
    11-11 04:06 PM
    wooohoooo what a great idea... bravo! applause

    ok now you've created yet another post, like other people who come up with such great ideas 10 times a day and then get few responses on there posts, feel good for a moment as if you've mobilized the entire immigrant community...

    and the next thing everyone is doing is just waiting for the next bulletin. But dont worry... we will have someone creating a yet new post with the same great idea next month.. :-)



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  • Green.Tech
    03-03 03:56 PM
    Consider this:
    Even though IV has 25000 "registered" members. There are only 400-500 visitors. The same people visit the site often. The number of visit dramatically increase if there are newsworthy events affecting everyone is happening.
    So the sample size is NOT 25K but around 500, based on the daily visits.

    This of course is not a whole lot but Idea is not be statistically correct but to feed newsworthy information and here are the facts.
    a) 1 MM people in the line for EB green card
    b) All of them highly skilled with at least bachelors
    c) Average income 75K +
    d) Average family size: Slightly more than 2 .
    e) Life Dream : The American Dream
    f) Bottleneck to the life dream : The long ,excruciating backlogs.

    How about another option for people who are going to buy shortly even though their GC approval is far far away?





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  • like_watching_paint_dry
    01-19 04:26 PM
    Of course. Judges are the ones who interpret the laws. Officers just do what they are instructed to do. My point was just out of curiosity, how I think this law is being interpreted.

    But of course. My opinion is not only not to argue with officers, but don't even talk to them. When I feel that officer wants some "conversation" with me, my favorite response is "sorry officer, me no understand, no speak english". period. Smile to his face, keep saying "sorry". Don't show any extra document - just only what is required, nothing extra. Officer can be asking any questions, just hand him business card of your lawyer, say "my lawyer, talk him". as worse English you will use, as better it will be for you. My experience.

    When I first entered United States I was kept at secondary check for 4 hours (1999, IAD, Virginia). They kept asking me all kinda questions, it was no end. Finally I got pissed, I said "Sorry, I don't speak English good" and started playing with them. I took my dictionary and starting looking up every word. My next answer took 5 minutes. In next 5 minutes a woman walked to me, handed my documents and said "Welcome to America".

    LOL. That's an interesting approach. I've heard of a story where a hispanic dude who had a beer breath actually get out of a breathalyzer test and eventually get off a potential DUI conviction because of lack of evidence. His excuse was he could not understand the instructions the officer was giving...
    "no comprende..."
    "put your mouth here and phoo phoo ..."
    "no comprende..."



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  • mmanurker
    06-14 10:08 AM
    Done....sent to NJ senators





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  • needhelp!
    09-26 12:07 PM
    I see the updated text. Good job IV folks!

    But it does seem out of place because the whole article is about H1..



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  • Caliber
    03-12 08:56 AM
    To understand what IV has done, all you have to do is, open your eyes





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  • sameer2730
    03-12 11:23 AM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.

    Look man IV does not need to prove anything you. Here is a statement by Fransisco D' Anconia from the novel Atlas Shrugged which is apt for your post(For the record I am not a fan of Ayn Rand)
    "Sir it is judicious not to give unsolicited advices. You should spare yourself the embrassaning discovery of its exact value to your listeners!"





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  • shaxami
    04-05 09:23 AM
    has anybody contacted senator office or congress person office on this issue. They are sometimes very helpful in handling matters of red-tape.





    sathyaraj
    03-06 10:54 PM
    Hi All:
    I have filed my AOS during last july 2007 and got EAD/AP etc. It has been more than 180 days and have decided to move to new company using AC21.

    There have been many threads with information on whether to contact USCIS or not. I have decided to contact USCIS and inform them about Ac21. I hired a lawyer. He seems to be very knowledgeable. As per him, it is not enough just to have an offer letter with salary and job details. He prepared a letter such that the new company also supports my green card process. I am not sure whether my new company will provide this information. As per the information, I have seen in murthy and Rajiv Khanna there is no need to have any support from the new company. Only fulltime job with salary and job duties is enough. He also scared me saying that if the new company does not support my GC, I have to start all over again.

    Please provide me with your experience and the inputs from your attorney.

    I apologize if this matter is already discussed. Please point me the thread so that I can look up and see.


    Regards
    SathyaRaj





    varshadas
    01-27 11:02 AM
    Here is a summary of what we discussed in the conference call. Please add anything that I may have missed out.

    1> Contact local congressmen - This is by far the most important thing that we have to do. As mentioned in my previous posts, congressmen will talk to only their district people, so each one of us has to try to contact the local congressmen - Varsha, Sanjay, Shekar, Ajay and Rajeev

    2> Investigate our options with EBC radio - Sanjay

    3> Investigate our options with Namaste America, AVS - Don't remember who volunteered for this

    4> Distribute Flyers at Metropark on Monday - Ajay and Shekhar

    5> Distribute Flyers at Bridgewater Temple - Varsha, Sanjay, Shekar, Ajay and Rajeev - Saturday, 02/03/2007

    6> Come up with catch flyer sentences - Varsha to come up with the first draft. Lets try to close this out by Wednesday, 01/31/2007.

    7> Investigate options with local newspapers - Ajay

    8> Contact Oprah Winfrey - Varsha

    9> Continue ongoing membership drive - Varsha, Sanjay, Shekar, Ajay and Rajeev

    Option Ruled Out - Advertising in Movie Theater
    Reason -
    1>Cannot control the screens the advertisement will be played on
    2>Because of above, could backfire if people not pro-immigration
    3>Very expensive. Cost just not justify the benefit

    Thank you all for your participation in the call today.

    Thanks,
    Varsha



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