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  • GCwaitforever
    11-24 09:09 AM
    Definitely this is one of the favors to ask the law makers in these days of retrogression. Let the I-140 and PD available to the worker and let the labor substitution go with the date of transfer to the new worker. This releases the stranglehold of the employers.





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  • perm2gc
    01-18 03:39 PM
    http://groups.google.com/group/usaimmigration/browse_thread/thread/7be520c4b9c1cab5?hl=en

    http://groups.google.com/group/alt.visa.us/topics?lnk=gschg&hl=en&

    http://groups.google.com/group/misc.immigration.usa/topics?lnk=gschg&hl=en&





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  • Hermione
    09-27 01:54 PM
    I agree with you partially. It may not be achievement but at least readers will not be misinformed and become aware about our real agenda.

    The name 'ImmigrationVoice' was not mentioned in the article. So, people would not be confused, since they do not know what to be confused about.





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  • californian_GC
    01-16 12:11 PM
    I signed up through my BOA account. I made $20 recurring payments for the next 12 months.



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  • sodh
    07-24 06:02 PM
    What i have heard is that the recent I140 approvals (2006/07) contains A#.
    Only the ones who were on OPT.





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  • natrajs
    09-18 11:04 PM
    It was amazing



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  • ragu
    02-19 09:03 PM
    are nil. Politicians are not going to touch immigration even with a 10 foot pole right now.

    I'm one of those who say with pride that I can create jobs and buy houses. Then why will not congress or policy makers not touch this. As some here said it depends upon what we think about ourselves. I know many people who like to work under someone even after 10-15 years, my brother is like that, and I know many more like me who want to start companies, employ many people, and do bigger things. Both may be right in their own ways, but if you project yourself like me, then the doors will open.. Show enterprise..





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  • tejonidhi
    09-10 01:51 PM
    :)After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.


    Please prey God that they don't get used to ALIENS's Flesh.:)



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  • suriajay12
    03-30 07:47 AM
    very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
    as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?

    Do we do any more than just agreeing with others or disagreeing.. Sorry.. but we must not let down our efforts. I wrote to Zoe Lofgren and change.gov this weekend. What did you do for your problems?





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  • Sandeep
    02-08 09:16 AM
    Admin,
    I beg to differ. As far as USCIS is concerned, it just forwards the security clearance request to FBI/Homeland security. It does not follow up unless you sue USCIS. As far as they are concerned, the "ball is in FBI's court" ( exact words of the representative). So NameCheck need to be a separate issue.
    So what you are saying is that since this goes to FBI it is an interagency problem. Or that is what USCIS makes it out to be. So what is it that we are requesting
    -FBI speeds up its operation?
    -USCIS has some follow up system to check with FBI if the number of days elapsed are more than ____ days?
    Since you are more knowledgable on this issue, please post
    1. Description of the process and the reasons for the delay
    2. Solutions that you think we can propose
    Remember that none of us are working on this full time and we depend on such info from you. In the end there is no such thing as a "separate issue" - these are all stepping stones to our objective of getting a GC.



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  • spicy_guy
    06-10 07:50 PM
    Done!





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  • GreenLantern
    02-15 06:51 AM
    Look at my post count. Does it look like I have a life? :lol:



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  • cableching
    07-12 05:44 PM
    According to this there should be a quarterly spillover ...:confused: but it looks like spillover is happening only in last quarter :D

    Spillover happens quarterly, but the visas are allocated in the last quarter! This is because the retrogressed countries are allocated their regular quota every quarter and the extra visas must be allocated based on the priority date, irrespective of the country! It would be difficult to allocate in the earlier quarters to achieve this!





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  • BharatPremi
    03-12 11:25 AM
    How do you guys find out what job code your H1B/labor was filed under?
    My H1b saus 030, but I think the job is a 6 digit number.

    Where can I locate that?

    Thanks

    On your labor approval.



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  • alterego
    07-04 08:31 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.


    Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.

    This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
    If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!

    Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.





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  • rajuram
    11-11 09:31 AM
    It does not hurt to start planning now and get some bill moving as soon as he gets into office. May be if something can get attached to the 2nd stimulus package.

    REMEMBER WE SHOULD MARKET HOW IMMIGRANTS CAN HELP THE HOUSING MESS BY BUYING HOUSES. IT IS ALL ABOUT MARKETING.

    I'd like to point out that Obama is the President-elect. He doesn't become the president until Jan 20 when he takes the oath. Right now the situation is exactly like it was before the election.



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  • virtual55
    07-02 07:35 PM
    I strongly believe that Immigration Voice website should be paid website.
    People should be willing to spend $20 per month for the information the website provides(foreg: It was useful for self filers to file I485 and saved atleast $2000 each person), I think $20 per month, should be enough for maintaining 99% reliable website and for its lobbying efforts and law suit etc.

    Guys please share your thoughts.

    even if 3000 members join paid website that will be 3000*20 = $60000 per month and $720000 per year which is substantial amount to perform lobbying, law suit, maintain website etc





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  • immi_seeker
    04-09 06:32 PM
    This is an "Ouch..." visa bulletin.

    Dont want to be passimistic or discourage anyone; I have always been optimistic and will remain so...

    However, this suggests that there will not be any fall down (previously called spillover) from EB4 and may not even be much from EB5 (Last year this was the major factor that gave 10k additional numbers to EB2 India). Lookes like people are finding alternate ways (who can) by these routes.

    EB1 used up all its numbers last year and we dont know what will happen this year.

    EB2 ROW usage looks low, but then again no movement in EB2 India...

    Patience and persistence....

    Good Luck to all of us.


    EB1/EB2 demand is very low. So numbers should come from there i believe. Number crunchers could jump in and see how this EB4 demand will make a difference





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  • nixstor
    03-18 05:40 PM
    If that is the case, I am not sure why China didn't even move a single day. From the example, China should have gotten half of the unused visas. :confused:

    When there are no country limits like in a situation quoted above, its completely based on PD's. India had
    EB-2 Unavailable and EB-2 China was already Dec 03. Even going forward One country might leap ahead of other depending on PD's. There is no further favoring among retrgoressed countries. Thats how I understood it.





    PD_Dec2002
    03-03 04:44 PM
    My $0.02:

    Add this option to the poll as well to get a realistic picture:

    I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.The 1 MM people in the line for EB green card (quoted from singhsa3's 02:48 pm post #6 http://immigrationvoice.org/forum/showpost.php?p=227738&postcount=6) as you say are highly skilled. And even though they have the money are not financially stupid (at least a significant chunk) to buy a house just for the lure of a green card. This "smart" significant chunk will buy a house when among other reasons, they believe market conditions are right and are comfortable with their decision. A house might be your single-most biggest investment/asset/liability that you will ever have and even a "gold" card (forget green card) will not make anyone place such bets.

    We bought our house way back in 2002. We still don't have our green cards, but we bought it after evaluating the risks and rewards.

    Regards,
    Jayant





    survu
    06-20 02:20 PM
    Got GC for me and for my wife.
    It was a long frustrating wait time.I am glad its over now. My best wishes to those that are still waiting.
    No RFE at any stage, straight forward case, one time took infopass to just find out the status. Total Wait time 5 and half years.

    Here are the dates:
    I received the card order production mail on 9 June 2008.
    Received the welcome letter on 13th June.2008
    Received the Card on 16th June.

    PD: June 2001 - EB2- India
    I 484 applied on 28 th June 2007 - NSC.
    Finger print on Aug 26 th. 2007- NSC.
    Sep 26 Got EAD. 2007 - NSC.
    Original Labor - Sep 2002, Approved in 2006
    Labor substitution on May 1st week. 2007 - NSC.
    140 approved on May 2nd week. 2007
    Joined fulltime April 3rd week, 2008. New employer applied H1 and received.
    I have not sent AC21 letter.
    No LUD after finger print.
    GC Card received- 16 June 2008, me and spouse.
    Thanks,