kpchal2
07-18 11:57 AM
hi tapukakababa, can you please provide me with a number for USCIS nebraska SC. I would like to talk to them as well.
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chanduv23
09-28 09:59 AM
The topic is to discuss the pros and cons. Thanks for all your excellent perspectives. Lets keep this discussion going.
It is very obvious that America is still the best place in the world.
300k green card petitions in July itself says how much people want to be here.
But when it comes to supporting our cause, many people just back out.
I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going
It is very obvious that America is still the best place in the world.
300k green card petitions in July itself says how much people want to be here.
But when it comes to supporting our cause, many people just back out.
I do not want to deviate from the topic, but it will be great if people put their prespectives. So lets keep the discussion going
thomachan72
07-29 02:50 PM
Great post.
Thanks abracadabra for agreeing to the point. It is really funny isn't it, when you notice people fighting over God's? Just the thought of fighting to support your God shows that you really dont belive in his/her strength or you dont really know what God is!! If thats the case, how would that power qualify to be GOD?? Whether it is in Inda/pakisthan/middle east/africa, wherever people fight to save their God/gods are just fighting to avoid confronting their own insecurity:-) What is the difference between me getting insulted on seeing Ganeshas picture on a beer bottle or Jesus's picture on the toilet seat and a circle with two dots as eyes on a person's BUTT, which he claims to represent ME (thomas)? Ofcourse I know that the circle with 2 dotts on his BUTT doesn't represent me so is the same about Ganesha / Jesus. Who has seen these folks?? The big truth is NOBODY!! EVER!! Imagine how would I look if I stood around crying like a baby, when the guy walks around with his BUTT exposed showing the circle with two dotts claiming that it acurately represents me?? Ganesha, Jesus, Allah and Krishna are all laughing. Laughing not at the person who shows off as insulting them, but actually (ironically) at us who stand around crying about that. Belive me this is true!! we had a conference call last night and all three of them were laughing :D:D:D
Thanks abracadabra for agreeing to the point. It is really funny isn't it, when you notice people fighting over God's? Just the thought of fighting to support your God shows that you really dont belive in his/her strength or you dont really know what God is!! If thats the case, how would that power qualify to be GOD?? Whether it is in Inda/pakisthan/middle east/africa, wherever people fight to save their God/gods are just fighting to avoid confronting their own insecurity:-) What is the difference between me getting insulted on seeing Ganeshas picture on a beer bottle or Jesus's picture on the toilet seat and a circle with two dots as eyes on a person's BUTT, which he claims to represent ME (thomas)? Ofcourse I know that the circle with 2 dotts on his BUTT doesn't represent me so is the same about Ganesha / Jesus. Who has seen these folks?? The big truth is NOBODY!! EVER!! Imagine how would I look if I stood around crying like a baby, when the guy walks around with his BUTT exposed showing the circle with two dotts claiming that it acurately represents me?? Ganesha, Jesus, Allah and Krishna are all laughing. Laughing not at the person who shows off as insulting them, but actually (ironically) at us who stand around crying about that. Belive me this is true!! we had a conference call last night and all three of them were laughing :D:D:D
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manishcp
09-26 12:16 PM
Can you put URL for updated article?
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abhijitp
07-25 12:43 PM
I think its arguable. The 6 months clock is defined by law. After that even if they issue an RFE on the old employer, assumption is ofcourse that your with a new employer, you can send the new employer's offer letter / AC21 invoked. so it shouldn't be an issue. USCIS can ask about the offer letter from the old employer as intial evidence, so have it available and send it later + new employment letter.
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
Thanks everyone for replying.
Good point, it is worthwhile pursuing the matter and getting the EVL as initial evidence. All I ask for is transparency, so if they tell me to sign a bond for this purpose, I am happier than if they beat around the bush and evade the issue!
immi2006
02-22 07:26 PM
Hi,
I called USCIS today, i was asked to take infopass to get a status update on my case, as it was pending in local office. I am not sure why.
My PD is 2001 March, from Dallas BEC - LC cleared on June 2007. Filed 140+485 on July 2. In my company atleast 400 - 500 number of EB2 cases came thru in June 2007, there were a few hundred lcs from BEC for EB3 too..from 2000-2001 time frame, based on some of the threads I have seen. We are one of the largest networking company in San Jose, here. I am sure there are other companoies that have good number of folks, also depends on how many stuck on..
Filed my 10 th year H1 extension,
PD March 2001
EB2 - Category - Adv Degree
Country - India
Degree - Research IIT/IISc Bangalore.
Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.
And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)
I called USCIS today, i was asked to take infopass to get a status update on my case, as it was pending in local office. I am not sure why.
My PD is 2001 March, from Dallas BEC - LC cleared on June 2007. Filed 140+485 on July 2. In my company atleast 400 - 500 number of EB2 cases came thru in June 2007, there were a few hundred lcs from BEC for EB3 too..from 2000-2001 time frame, based on some of the threads I have seen. We are one of the largest networking company in San Jose, here. I am sure there are other companoies that have good number of folks, also depends on how many stuck on..
Filed my 10 th year H1 extension,
PD March 2001
EB2 - Category - Adv Degree
Country - India
Degree - Research IIT/IISc Bangalore.
Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.
And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)
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bigboy007
06-11 12:54 PM
I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.
can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.
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pappu
01-16 11:29 AM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V
Can you confirm?
pls update your profile so that we can confirm.
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V
Can you confirm?
pls update your profile so that we can confirm.
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paskal
01-26 02:46 AM
dear friend,
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
we would all like something to happen. but not everything is in our hands. nor do these things happen easily or quickly. the issues involved are now deeply emotional and political. much of what goes on is in the background and not for public consumption. there is a certain expectancy over immigration reform this year, we cannot afford to waste the sliver of opportunity that may present.
let me put two things to you simply:
1. if you keep waiting for "good news" to make your contribution, and if enough people think like you, well maybe it will never come. you see, the whole thing about iv is that we are trying to make our own destiny. without effort there will be no fruits. many people are making significant efforts, may be you have missed that on your visits to the forum. without the help of many more though, we are sunk.
2. your contribution is intended to create "good news", it is not some reward you hand out after success begins. i realize that you are feeling low and frustrated. please join this effort in earnest- the best way to feel positive is to know you are making your utmost effort. not just money, bring in members and join a state chapter, meet lawmakers and help with campaigns on the forum. If everyone did these things, we would be unstoppable.
please think about it. you have been waiting for months to see results from others hard work. maybe it's time to jump right in.
thanks for reading...
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kshitijnt
01-31 05:35 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
In case of a dependant 485 there is no requirement to be paid on EAD.
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
In case of a dependant 485 there is no requirement to be paid on EAD.
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gsc999
04-23 10:44 AM
This meeting was a success since IV was able to display support for the bill and also then follow up after the meeting. IV core members worked hard to make this event a success and we are happy to report this.
Many thanks to gsc999 for bringing a banner and wearing IV T shirt
---
Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.
Go Northern California Group, Go IV!
Many thanks to gsc999 for bringing a banner and wearing IV T shirt
---
Pappu, thank you for your kind words. I just had the T-shirt. Canadian_Dream brought the banner. Canadian_dream has been a very active member behind the scenes. Both of us coordinated this effort so that we could share the work. Next time we promise to be better prepared.
Go Northern California Group, Go IV!
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Rb_newsletter
04-09 06:39 PM
i don't..... becoz i' not in sarah palin brigade of mindless freaks who have to find someone to blame others for the sake of it..... we live in a complicated world..... just becoz we applied with uscis..... & just becoz they've to approve applications..... it doesn't mean
backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....
y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
backlogs & delays is uscis fault..... the least amongst us can easily figure out that the problem is with the congress, not with cis.....
y the hell do u blame cis...... r they not allocating 140K per year..... what more do u want from them....... oh well...... for the sarah palin brigade on this forum i'm now an outcast.....
- the problem is with the congress, not with cis
Congress did not ask USCIS/DOS to subtract dependent visa numbers from 140K. If USCIS/DOS excludes dependent numbers from 140k, congress cannot question that because law doesn't mandate to include the dependent numbers in 140K.
-y the hell do u blame cis...... r they not allocating 140K per year
If USCIS/DOS doesn't agree to change their administration policy to exclude dependent visas from 140K after seeing our backlog, then who else do we have to blame.
Yes they are allocating 140K per year. But to who? In my view to the same applicant; one for primary applicant, another for his spouse, another for his kid, ....
Most of us here are 'keyboard ninjas'. Only very few contribute in actions and that contribution is hidden under donor forums. Without awareness of the good things happening, these keyboard-ninjas are not going to contribute in actions.
We all understand that blaming is not going to help anyone. But what else to do.
more...
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pappu
07-24 10:56 AM
I will try to dig out the actual memo. But this is from the oh law firm page:
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
---
06/17/2007: Flexible RFE/NOID Response Time Rule and Advisory for July EB-485 Filing
* As we advised earlier, the USCIS published a new rule that allows the USCIS to have more discredtion and control over the two issues: One is shortening of the timeframe for responses to RFE from previous 12 weeks to any period of time which they see fit. The second rule is their authority to either reject or deny petitions or applications without issuing RFE where "initial evidence" is missing in the filing. Previously, the so-called Yates memo indirectly required the agency to avoid rejection and denial with a recommend to issue RFEs as much as possible. This part of the Yates memo is overridden by the new rule who took effect yesterday, June 16, 2007. It is thus likely that the Service Centers will more aggressively reject or deny the I-485 applications where the "initial evidence" are missing in the filing packet. It is thus very important that people understand the definition of "initial evidence." The initial evidence varies between the nonimmigrant and immigrant proceedings and for that matter, each type of proceedings. The immigration regulation lists in details the initial evidence. However, the instructions sheets to each petition or application lists the initial evidence that are required for filing. Accordingly, beginning from today, people may want to read the instruction sheet for I-485 form carefully to learn the list of initial evidence and not to miss omitting these evidence in filing I-485 applications.
* One of the initial evidence which is listed is the sealed I-693, the Medical Examination results completed and sealed by the USCIS designated civil surgeons who examined the applicants per the immigration rules. As we reported yesterday, attorneys asked the USCIS authorities to accept I-485 applications without the medical result, but their answer was that they were taking it under advicement but as it stands now, the sealed medical report would be required as initial evidence, accoring to the USCIS authorities who were present at the AILA Annual Conference in Orlando. We understand that in some areas, there are a huge backlog in the physician's clinics for such medical examination. However, people can shop around the authorized physicians in much broader areas. For instance, people usually were asked to schedule such medical examination in the local "district" office where the applicants resided. The definition of "district office" has been broaden lately. Former district offices have been turned into field offices of a district office. Accordingly, people can schedule the medical examination through a physician located outside of their residence if the area falls under the jurisdiction of "district" even if it is outside the jurisdiction of "field office."
---
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smisachu
09-26 12:04 PM
Please, Have an open mind. Don't make statements like this. IV has people from across the globe and each country has its own issues. We are trying to deal with the issues in the US and lets focus on that and not drag in other countries as examples (good or bad).
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
Oh My God, CNN is screwing us in different way now. They are telling american people the Rally last week at SC was for increse in H1B and not for Incresed GCs.
I am getting freakled out by such American politics. I thought USA is different than INDIA atleast in this regard.
http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606
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new2gc
06-10 04:07 PM
Just heard some good news about July VB and in within hours we saw this news... :mad:
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ramus
07-02 08:16 PM
Thanks.. Please ask others to contribute..
Contributed $100 in the evening
Contributed $100 in the evening
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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.
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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logiclife
01-30 04:01 PM
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
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waitnwatch
07-28 01:06 PM
You are one funny guy in this thread with high sense of humor!! I like that!!!
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
Only thing I don't like about you is - EB2. (Need to say I am EB3?)
LOL.
and he/she forgot to mention the part about taking a hot shower as a convenient replacement for a dip in a holy river!!!!!!!!!:D
meridiani.planum
03-03 01:36 PM
I just sent a request to CNN to take a look at this thread. A formal letter may be sent soon. So please continue to vote and participate.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
whats the point? 33 out of 23000 members have voted. Any result here is well beyond all statistical margins of error. Unless atleast 5000 people vote, this poll has no point. The mathematicians among us can derive the exact number, but participation has to be much greater than 33 if this has to be representative of the IV membership.
nixstor
07-04 09:33 PM
[QUOTE=nixstor]Excellent analysis but it does have flaws
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"
On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.
USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...
Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.
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