saveimmigration
01-16 09:29 PM
GC process is like a monkey on the shoulder. You only realize when he gets off, that how much burden you were carrying all along.
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pitha
06-12 07:53 AM
our chances of getting some relief are better if infact CIR dies. if cir dies there might be a chance for SKIL bill.Even if SKIL is not taken up no bill is better than this CIR authored by ron hira aka kennedy, durbin and kyl.
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
so what, what does CIR offers for us, legal immigrants who are already here, give me one instance where Bush addresses our issue
he does'nt even know we exist
CIR fooled us twice guys, letz getover with it and try to find another way to have our provisions,
we certainly don't need sweeping legislative chance to reduce retrogression
pappu
09-10 09:38 AM
EB1 - all current
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EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
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| ( When above EB2 India/China gets current 2-3years? )
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EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)
.
Thank you for putting a link to my long post in your signature. I had forgotten about it. I tried to sum up my thoughts and tried to answer some EB3 I folks who fail to see the problems and solutions. They only see things from their narrow lens and have no idea of the realities. Some of them refuse to listen to us. But if a lawyer on some website tell them the same thing, they would not only listen to that lawyer but also praise the lawyer. I came across one member who even put a picture on his website because he may have felt that this lawyer is his savior to lobby congress for his green card dream. :) But he refused to listen to us and see reason. This only shows our community fails to believe in themselves and what they can do together. We will continue to live a life of suffering, waiting and tracking greencard, predicting visa bulletins and writing posts on the forums. This is the sad reality. I hope others who whine on the forums read that post and it prods them to wake up and do something about their 'depression'. Once you wake up and decide to do something, then contact IV. We will help you.
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EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
|
|
\/
|
| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)
.
Thank you for putting a link to my long post in your signature. I had forgotten about it. I tried to sum up my thoughts and tried to answer some EB3 I folks who fail to see the problems and solutions. They only see things from their narrow lens and have no idea of the realities. Some of them refuse to listen to us. But if a lawyer on some website tell them the same thing, they would not only listen to that lawyer but also praise the lawyer. I came across one member who even put a picture on his website because he may have felt that this lawyer is his savior to lobby congress for his green card dream. :) But he refused to listen to us and see reason. This only shows our community fails to believe in themselves and what they can do together. We will continue to live a life of suffering, waiting and tracking greencard, predicting visa bulletins and writing posts on the forums. This is the sad reality. I hope others who whine on the forums read that post and it prods them to wake up and do something about their 'depression'. Once you wake up and decide to do something, then contact IV. We will help you.
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krishnam70
02-19 08:26 AM
1 - It will grant GC to people with > 5 years in US
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
There is already a thread open by DVB on this forum. Can you please check if there is a thread open already before you open a new one. Just a suggestion so the observations of the members are all consolidated in one thread rather than spread over.
cheers
kris
2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.
Please add your views about this bill, how it might be improved and its chances of becoming a law.
P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.
There is already a thread open by DVB on this forum. Can you please check if there is a thread open already before you open a new one. Just a suggestion so the observations of the members are all consolidated in one thread rather than spread over.
cheers
kris
more...
thehulkdeals
08-16 01:00 PM
EB3 for ROW has retrogressed quite a bit and this could actually be a great opportunity to beef up the DC rally with people from the rest of the world. It would be much better to have legal immigrants from all over the world protesting instead of just Indians and some Chinese. Core group, time to look in that direction since we only have a month before the rally? I expect there to be a lot of Europeans and Aussies on the East Coast on EB-3.
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
I am still trying to understand this GC process. My PD (EB3-ROW) is March 31, 2006. I do not see that this Spt bulletin is a good news for me. So When should I expect my PD become current? 4-5 years.
My lawyer did process my i-140/i-485 for the July visa Viasco, but i think they only send the i-140 and the AP/EAD forms. Is this possible and what are the benefit for these applications.
Thanks
rsayed
11-20 11:13 PM
Guys.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
Please do not mind, my writing this - I honestly think we should stop writing insensible comments like "sick people getting frustrated" and the like...
IV is a professional not for profit outfit, with a set agenda. We should work together towards achieving our goal, through legal, available channels.
If things work out - great! If they don't, it's disappointing but not the end of the world.
People who chose to stay and wait longer for their Permanent Residency will do so; those who cannot (for whatever reasons) will find other alternatives...
Let's not make this a platform for venting out our frustrations.
more...
mariner5555
03-04 01:33 PM
I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
I agree with Singh who said those were different times .. and you are lucky too (And qualified I guess)..many in california could not afford to keep their cars during last slowdown (my friend brought brand new mustang and then had to sell it for 12 k ..4 month old car - 3000 miles on it) in a hurry. people left their cars in parking lots (thats what I heard). buying a house makes sense if you know you will be in that place for a long time - and the price is right..(last few years it was like crazy speculation) see the link I had posted in my prev posting ..it is a horror story now.
does it make sense to buy in california now ? it would be sheer stupidity (in my view) ..maybe after price comes down another 20 percent would be right time to buy.
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D
in the end it is supply and demand ,....supply is huge for housing and is growing ..there is no (negligible) demand ..and hence even small increase in demand helps ..this is economics 101 !!!
the other point(and the main point) is to use this to highlight our problems(and to keep on trying ) ..and hope that someone listens. the other option ofcourse is to let things drag on ....
these are first few main points of the article
----
1. Home prices will fall 20% to 30% from the peak
Roughly $4 trillion to $6 trillion of household wealth will vanish. Large home builders may go bankrupt, triggering further declines in home-builder stocks. Even Fed Chairman Ben Bernanke admitted last week that housing prices could fall into 2009.
2. Prime and near-prime mortgages losses
"This is a generalized mortgage crisis and meltdown, not just a subprime one," warns Roubini. "About 60% of all mortgage origination from 2005 through 2007 had these reckless and toxic features. And losses among all sorts of mortgages will sharply increase as home prices fall sharply and the economy." Add another $300 billion in losses
In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.
Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.
So in June 1999 we purchased a 1,950 sqft house for $280,000.
In September 2003 we sold that house for $535,000.
Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.
I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.
I’m not looking to brag, I am sharing my experience.
1 my wife and kids were on H4 they needed a home to be happy in.
2 it made economic sense to buy
3 we got the right funding
4 had we waited for GC we could never have afforded the home we currently live in.
The timing of immigration approvals had no bearing on whether I decided to purchase property.
good luck to all
I agree with Singh who said those were different times .. and you are lucky too (And qualified I guess)..many in california could not afford to keep their cars during last slowdown (my friend brought brand new mustang and then had to sell it for 12 k ..4 month old car - 3000 miles on it) in a hurry. people left their cars in parking lots (thats what I heard). buying a house makes sense if you know you will be in that place for a long time - and the price is right..(last few years it was like crazy speculation) see the link I had posted in my prev posting ..it is a horror story now.
does it make sense to buy in california now ? it would be sheer stupidity (in my view) ..maybe after price comes down another 20 percent would be right time to buy.
http://www.marketwatch.com/news/story/tragedy-recession-its-bad-ending/story.aspx?guid=%7B5D72D7E3%2D76BB%2D4CAB%2DB4D0%2 D60F87DA734B7%7D
in the end it is supply and demand ,....supply is huge for housing and is growing ..there is no (negligible) demand ..and hence even small increase in demand helps ..this is economics 101 !!!
the other point(and the main point) is to use this to highlight our problems(and to keep on trying ) ..and hope that someone listens. the other option ofcourse is to let things drag on ....
these are first few main points of the article
----
1. Home prices will fall 20% to 30% from the peak
Roughly $4 trillion to $6 trillion of household wealth will vanish. Large home builders may go bankrupt, triggering further declines in home-builder stocks. Even Fed Chairman Ben Bernanke admitted last week that housing prices could fall into 2009.
2. Prime and near-prime mortgages losses
"This is a generalized mortgage crisis and meltdown, not just a subprime one," warns Roubini. "About 60% of all mortgage origination from 2005 through 2007 had these reckless and toxic features. And losses among all sorts of mortgages will sharply increase as home prices fall sharply and the economy." Add another $300 billion in losses
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waitnwatch
07-28 12:50 PM
Let's get this straight............
This thread was started by some fake who most probably joined today and has all dates set to 3/24/2005.
Could you guys please find something better to do than getting all worked up with this FAKE thread.
Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.
GOOD LUCK:rolleyes:
This thread was started by some fake who most probably joined today and has all dates set to 3/24/2005.
Could you guys please find something better to do than getting all worked up with this FAKE thread.
Next thing we will see is a thread saying......."I just shook hands with Donald Duck" and we will start investigating the characters immigrant status, ethnicity and religious leanings.
GOOD LUCK:rolleyes:
more...
abhijitp
08-03 02:25 PM
According to the person I spoke to:
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
1. I will be issued an RFE if my AOS packet did not contain the EVL
2. Once the A# is issued, that means the application has been accepted, so no outright rejection can happen, however RFEs can be issued at a later date.
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zen
04-06 09:33 PM
good post ek_bechara!
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
!
The problem with what you say is that if it happens to you then it is too LATE !!
but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients
ppl, think for yourself. don't believe in the rumor unless it happens to YOU!
!
The problem with what you say is that if it happens to you then it is too LATE !!
but I agree we need to wait for verification ....I guess if this is very common or becomes common ..they you will see such reports on lawyers websites saying that this is happening to their clients
more...
bigboy007
06-30 10:19 PM
But as what i see now the chance of announcing on monday might not happen they will do it most probably on 3rd saying we already reached max no. of visas through this they can find a way of out to clean their hands and good support for if any cases filed. 4th holiday hence no issues and 5 th after its all gone. Lets stay tuned from Monday else have all nice weekend.
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pappu
07-01 10:23 PM
QUESTIONNAIRE FOR POTENTIAL PLAINTIFFS
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Email
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Email
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
USCIS VISA BULLETIN/VISA AVAILABILITY LITIGATION
This document is a form, which means that you can only type in the areas within each box. Click in the boxes and start typing. If your answers are longer than the box provided, please use a separate sheet of paper. For the check boxes, click in the correct box to mark it. Thank you!
Please be sure to include a copy of the following with this questionnaire:
• Completed I-485 as submitted to USCIS, and any cover letter sent with it;
• Evidence of method and date of mailing (USPS, Fed Ex, etc)
• A list or index of attachments sent with the I-485 (if the cover letter provides the list or index, no need to send us a separate one)
• USCIS letter rejecting the adjustment application and / or any related correspondence, if received.
Date questionnaire is completed:
Completed by:
Attorney Contact Information:
Name
Firm
Address
Telephone
Fax
Adjustment Applicant Information:
Name
Address
Phone
Nationality or citizenship
Adjustment Application Filing Information:
Date adjustment application was submitted to USCIS and method of submission:
Where was the adjustment sent? (Please note the specific DHS(USCIS) office)
What was the employment-based immigrant category under which the adjustment application applied?
USCIS rejection of the adjustment application:
Did DHS (USCIS) expressly inform the applicant or attorney, orally or in writing, why it was rejecting or returning the adjustment application?
If yes, please explain in detail:
Please send us a copy of any written notice or other correspondence from USCIS rejecting or returning the adjustment application.
2
Harm to adjustment applicant:
Please describe any harm that the adjustment applicant has suffered or is continuing to suffer due to the rejection of the adjustment application.
Please return this form and documents by email or fax to:
visabulletin@ailf.org
or fax (202) 742-5619 attn. AILF LAC
more...
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sunny1000
04-09 06:31 PM
I completely agree with you . For five years EB3 is stuck in 2001 that means people who came here 10 years back are still waiting. Something needs to be done by someone somewhere but I guess no one has any idea who can ( except the congress ) .
All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .
I wonder what was that which made their application go by light speed and my application go into a blackhole :)
Probably, their labor got approved before the FY2006 when the retrogression started. All the categories were current until then due to the recapture done by AC21. I am stuck in this mess because my labor took 5 years to get approved.
All of my friends about 10-15 of them who came with me in 2000-2001 timeframe got their GC's and their citizenships in EB3 ( none in EB2 ) and I am still hanging .
I wonder what was that which made their application go by light speed and my application go into a blackhole :)
Probably, their labor got approved before the FY2006 when the retrogression started. All the categories were current until then due to the recapture done by AC21. I am stuck in this mess because my labor took 5 years to get approved.
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JazzByTheBay
01-16 10:42 PM
Well, the funny thing (or perhaps not so funny thing) is that there's plenty of talent out there stuck up in some immigration-related issue or other, many a times for no fault of theirs.
Particularly the folks who came in around 1999/2000 and weathered the downturn.
OK, so you thought positive, and set your roots, bought a house investing all your savings or at least a good chunk earned during the most productive periods of your life, and poof - it's gone, thanks to the real estate mess.
Yes, you can't live your whole life being over-cautious, but knowing you're not permanent in this country until you have permanent residence (GC), and trying to set your roots by buying a house is being overly optimistic, imho.
(Of course, those who lucked out in the real-estate boom and actually made some $$, good for you guys - I envy you... :) - but I don't know many of us who did. Do you??)
For those who didn't buy a house, be glad your life's savings are not wiped out in this downturn. Most likely, you may also have sufficient cash reserves to survive the downturn. And looking forward - times like these are the best to get new skills or add more breadth/depth to existing ones.
Hopefully President Obama and the new administration will reward the audacity of hope displayed by us legal immigrants, yearning to break free of this immigration quagmire!
(If not - your country really isn't that bad - many folks back home are more than surviving! In fact, many of your friends back home probably did too well for themselves and are probably living a better lifestyle than poor you with all your accompanying immigration frustrations and insecurities... ).
Best to all - let's keep plugging at it by supporting our collective efforts through IV.
jazz
I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.
If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.
Particularly the folks who came in around 1999/2000 and weathered the downturn.
OK, so you thought positive, and set your roots, bought a house investing all your savings or at least a good chunk earned during the most productive periods of your life, and poof - it's gone, thanks to the real estate mess.
Yes, you can't live your whole life being over-cautious, but knowing you're not permanent in this country until you have permanent residence (GC), and trying to set your roots by buying a house is being overly optimistic, imho.
(Of course, those who lucked out in the real-estate boom and actually made some $$, good for you guys - I envy you... :) - but I don't know many of us who did. Do you??)
For those who didn't buy a house, be glad your life's savings are not wiped out in this downturn. Most likely, you may also have sufficient cash reserves to survive the downturn. And looking forward - times like these are the best to get new skills or add more breadth/depth to existing ones.
Hopefully President Obama and the new administration will reward the audacity of hope displayed by us legal immigrants, yearning to break free of this immigration quagmire!
(If not - your country really isn't that bad - many folks back home are more than surviving! In fact, many of your friends back home probably did too well for themselves and are probably living a better lifestyle than poor you with all your accompanying immigration frustrations and insecurities... ).
Best to all - let's keep plugging at it by supporting our collective efforts through IV.
jazz
I am assuming that by this you mean "long term plans without having a GC". While it might be difficult to imagine setting roots in this country without a GC, it also means that for some reason you think that the GC will be denied and so you don't want to set roots in this country.
If you don't think your GC will be denied, I don't see any problem in making long term plans and setting roots here while waiting for the GC. It is going to happen - it is just a matter of time.
more...
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akhilmahajan
10-16 08:48 AM
I will be mailing my letter today for myself and my wife and will be requesting my friends to do the same. Thanks a lot for taking the initiative.
GO I/WE GO.
GO I/WE GO.
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arkrish68
06-11 10:44 AM
I and my wife we both did send the email.
more...
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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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javadeveloper
05-15 05:50 PM
I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
I Agree.
But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.
I'll become old and loose interest in career By the time I get GC and completing mba .
The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.
And I totally understand that GC can take 10+ year if not more.
I Agree.
But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.
I'll become old and loose interest in career By the time I get GC and completing mba .
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dingdong12
09-09 02:25 PM
American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.
They should be doing hunger strikes and do a rally in DC every month.
Else they can forget Green card coming any time soon.
Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.
GC_ASP
03-18 05:28 PM
This is the post from Ron:
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
I have to confess error and make a correction. The AC21 legislation changed things far more that I suspected and changed the allocation process from what I had learned previously. In further corresondence with the Visa Office, I've learned that I was wrong about how numbers are moved from worldwide to single state allocations. The following is a direct quote:
Quote:
Employment First Preference example: Annual limit 40,000 - (expected) 25,000 ("rest of world") - 3,300 (China limit) - 3,300 (India limit) = 8,400 unused numbers. Those 8,400 numbers could be made available to China/India applicants without regard to their normal 3,300 per-country limit for that category. But those extra numbers would need to be made available to China/India applicants on an equal basis, and in doing so making sure that the additional number use would not result in the Worldwide annual limit being exceeded. Thus, the same cut-off date for each country since the extra numbers must be made available in priority date order without regard to country.
I apologize for the confusion generated by my earlier remarks
So whatever said in the visa bulletin makes sense.
GCKaIntezar
01-30 10:51 AM
Waiting for the finalized copy of the flyer. Please post it today, I'll review and re-post for others to comment.
Ajay,
Let me know when do you want to do it? How about this Friday?
Cheers!
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
Ajay,
Let me know when do you want to do it? How about this Friday?
Cheers!
I will send the flyer statements that I think we can put tonight. Like I said, I am not very creative, but I will put my ideas out there. Thanks Sanjay for finding out the EBC details. I like the 30 mins 500 dollars. We can pool in some money from our side and do a 30 mins program. I think it will be still worth it.
Did you guys distribute flyers at Metropark?
Thanks,
Varsha
