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  • dealsnet
    08-22 09:58 AM
    We are not terrorist. Majority are from India, China etc. You are asking for help from terrorists !!!!!!!!!!! (according to you)
    We didn't blow up any buildings. We built buildings, civilized world, literature and technology.
    We have more than 5000 years of civilized history. That time your people and Europeans are nomads and barbarians. We have great universities and Cities during ancient times.

    You are totally ignorant about the world you live. Leave about immigration. You are day dreaming. You thought just file I-485 will give you GC, you need to file I-130 or I-140 before that.

    The majority of you people are cruel and harsh individuals, how dare you insult a man that is sick just because of his weight. The majority of you are also from middle eastern countries - not exactly buddies with the USA. Canadians didn't come here to blow up buildings, people from your part of the world did. Canadians were here to help, and were one of the first countries on the scene.
    Canadians are allies, not enemies. You folks need to be the ones to go back where you came from!





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  • ss1026
    11-01 01:04 PM
    Bumping..

    I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one





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  • sodh
    07-23 03:56 PM
    I had same conversation with my lawyer, got reply as since I-140 is approved recently so don't have to include. Already I-485 applied without employer letter. Please suggest what other options do I have.
    Ask him to send an ammedment to the previous application of I-485 which was submitted, and include the Employment offer letter if you can.





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  • dreeft
    02-13 08:52 PM
    aww, and I was thinking Subway restuarants :(



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  • zuhail
    03-10 01:25 PM
    I disagree that this is not the right time for visa recapturing. It will be never be the right time.
    Do you think the efforts like sending 1000 pizzas etc would not draw negative publicity. Think again.
    What we are asking is to recapture the unused visa numbers. In this climate of high unemployment rate, I do not think there is any other legislation that would draw less negative publicity.
    It is to be strongly publicized and understood that these recapturing unused visa numbers are only going to help the non-immigrants who are already employed and who are on the path to seek permanent resident status. This is NOT creating new H1B visas NOR giving away the jobs to the non-immigrants.





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  • battineni
    08-10 02:35 PM
    I am in. I am EB2 but I support this because this makes sense.

    Thanks for your heartful support.... we need more people like you to support.



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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    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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  • lordoftherings
    07-04 07:47 PM
    Yes, if all this is true, then going the lawsuit way is not the right step. They should now use this to force USCIS make some changes. One of them would allowing to file I-485 right after I-140 approval irrespective of whatever the PD is. When PDs become current the processing will start. This change will give releif to a lot of victims and future filers.



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  • srkamath
    07-18 07:07 PM
    My guess
    Best case : 12 months
    Worst care : 4 years

    sachug22,

    I agree with your initial post on this thread. In all likelihood, we will end up with ~ 50k - 55k, EB3s issued this fiscal.
    Last year they issued ~ 6200 EB2-IN, and dates progressed one-year.

    Considering the EB1 spillover plus the FB spillover, we will have ~ 15k - 20k available for EB2 In/CH for use in Aug/Sep08. If the USCIS does its job well, then that should be enough to propel EB2-IN dates forward by two-years April-04.

    I believe a sizeable number of applicants with PD before Jun-06 will get their GCs approved before Sep-30-2008.

    I know my case is stuck in background checks, hopefully it is past 180 days - i have no way of knowing.

    I will be excessively anxious (like most others here) till Aug 1st week, if there is a deluge of approvals - good i'll probably get more anxious.
    If there is only a trickle, i'll forget the whole Aug VB and go back to my plan-A (i.e. forget the GC and get on with living).

    EB2-IN, PD Oct-28-2007





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  • vandanaverdia
    09-11 04:51 PM
    ACT NOW!!
    Come now to DC... GO IV!!!



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  • tapukakababa
    07-03 03:54 PM
    I have contributed $100 yesterday. We can do it.





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  • svr_76
    02-19 01:28 PM
    When/(and IF) this bill is passed....DHS/USCIS will be flooded with 12 million (some say 20 million) + all of the EB & FB applicant already in process.

    So, it will further push the retrogression from 2015 AD (current backlogs) to 100 A.K. (After Kaliyug) :-)



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  • pappu
    01-10 09:57 AM
    thanks Bringing up the thread. I will post if i find some new forums.
    new forums and sites are here
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42

    any volunteers?





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  • BharatPremi
    03-17 02:19 PM
    Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.

    # of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
    # of visas available = 5000
    # years of wait until Dec 2003 = 1.75 to 2.1 years.

    Right. But here USCIS plays its villain role. What happens is USCIS moves clock ahead depending upon last month's "demand." We always think stramline logic.. USCIS does not work that way. It will kick PD to x date for an example Dec 2002. Now at the same time it will keep RD at say for example july 2001..Now it will keep some files eating dust in Name check so end effect is "Some" will get their gC. So next month, seeing this "demand" USCIS will kick PD further.. same game.. I believe at some level it decides seeing it reaching to "3500" limit put a break. So in reality what happen is even though USCIS kicks PD ahead not "all applicants with valid PD" get their GC. If they are unlucky enough to stuck in name check or RD is not being current, they will again wait for years for next kicking cycle start from April 2001.



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  • acecupid
    07-03 12:17 PM
    Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
    Problem is not country quota, its the ones with families!!! ><

    I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!





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  • mpadapa
    09-26 10:00 AM
    Just wrote an email to the editor...Hopefully he learns and corrects the article..



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  • nozerd
    01-28 09:49 AM
    Yup. Specially given that H1 is a dual intent visa.
    All Im asking for is clarity. DOS needs to come out and say that based on current demand we except your priority date to be current between x and y date. Even if the x and y is something ridiculous like 8 or 10 ys I am cool with it. Atleast we will know where we stand and not try to be hopeful and depressed with each VB. We need some good estimates to make imp life decision.


    The original intent of country caps was to prevent one single country from monopolizing the immigration (but this was regular unskilled immigration like family based immigration etc). But when it comes to skill based immigration it is ridiculous to maintain country caps. Everybody including the US government, USCIS and industry know that country caps in skilled category are ridiculous. That is why in H1B they don’t enforce the country caps. Because if they enforce the country caps in H1b the whole H1 program will collapse. I know the difference between h1 and green cards but when you bring people into US on H1 without country caps they should not enforce country caps on H1 to green cards skilled category. The people who are oppose immigration are using this(the country cap or rather quota) as an excuse to make things worse for immigrantion.





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  • uma001
    07-29 12:42 PM
    When they cannot do it, why promise?. Complete the pre-PERM process in 3-6 months and come to decision immediately.Dont drag it for 3-4 years and say 'oh, no we cant file green cards, we found candidates and they will hire H1s again, not american citizens. And they repeat the whole process again.Wasting 3-4 years on GC process is not a small thing. You need to start from scratch again.

    If big companies do not have any intention of doing green cards then say it before hiring.





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  • iv_only_hope
    02-22 09:26 AM
    I asked Greg Siskind about this. Heres his response:

    "I did get this news about the meeting, but did not post on it as it sounded like it was not going to affect that many people. I would doubt that there are a lot of Indian EB-2s left with 2003 priority dates, but I could be wrong."





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    gauravster
    11-11 12:02 PM
    The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).

    That way we do not get pushed around.

    Good work.

    Gaurav



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