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lahiribaba

03-09 11:31 PM

Looks like
April 2008 - 01 oct 2001
April 2009 - 01 Nov 2001
April 2010 - 01 Dec 2001

and so on...

We will def get our GC this century if we are lucky

Well at least if you get to live that long your kids will be happy that you got your GC before you said goodbye to this world.. "Dad's last wish fulfilled" :p

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stucklabor

07-24 02:15 PM

JCmenon,

No offense taken.

But any other IV core member is going to give the same answer, poll or no poll. Even if all 5000 IV members tell the core group to lobby USCIS to allow 485 filing with visa number unavailability, the answer is going to be the same - that is a request to USCIS to break the law, hence IV will not waste any time on it.

And it is sad that you think that voicing your opinion will get you banned from the IV site.

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coolmanasip

03-13 10:34 AM

I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...

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decipher

04-23 04:16 PM

To be fair, inability to get educated (linked to career progression) deserves some attention.

I was in gautamagg's situation earlier (I am still kind of ). I believe there are several others in the same situation. GC delay is an serious hindrance when age is a factor for getting education. However, there are alternatives - part-time education and studying in another country. Have friends who have taken both the approaches. You can come back to the U.S (if you really need to) after your education/experience through H1 again.

As far as the U.S loosing talent, U.S legislators/administrators are the ones who should be worried and try to stop it. The coveted trying to convince them seems contradictory and doesn't gel well.

Personally, I think expecting a quick solution for the mired immigration issue to get an education is expecting a little too much when there are alternatives. This is a wrong forum to do it too.

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justAnotherFile

07-01 09:59 PM

in 2005 visa bulletin...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html

they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.

I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.

But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.


WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?

The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.

If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, 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. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.

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newuser

10-20 01:27 PM

Faxed

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deepakjain

06-08 06:33 PM

My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:


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

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imh1b

11-16 04:25 PM

To the original poster of this thread: Why don't you go to court first.

I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.

Has the lawsuit been filed yet?

Someone please post updates on the lawsuit.

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Administrator2

04-20 07:38 PM

Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.

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jonty_11

12-13 10:13 AM

Count me and 2 more members with me....lets have a plan..and execute it.

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senthil1

02-13 01:26 PM

Ethnic cleansing is eliminating particular group of people while in civil war. Whatever happened in past in Rwanda could be called Ethnic Cleansing. Here Indians including me came for luxury life and better career though most of them available in India because here there is no availablity of skills. If US can get all the skills they need then there is no need for immigrants then if they reduce immigration that is not ethnic cleansing.

Total BS!

How can you even suggest that the immigration related raids to be the same as
.

Admins, please close this thread!

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shyamkishore

02-07 07:05 PM

My Dear IV Members,

I would like to open up my house for IV members during the advocacy days. I live in Herndon, VA about 25 miles from DC. I can accommodate up to 3 or 4 members if they can manage. DC is pretty much commutable from my house using the public transport.

Due to my work situation at present I am not sure if I will be able to participate actively. But I will be trying my best to at least make it for a day.

Regards,
Shyam

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saurav_4096

07-15 10:10 PM

Somehow I have feeling the case in this thread in more fake then real...

:rolleyes:

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sledge_hammer

10-21 10:28 AM

John McCain does NOT know how to use a computer. That webpage has been designed, scripted and QA'd to specifically get that reaction from you.
You are trying to steer the argument away from the real issue at hand. Who cares if McCain cannot use a computer/code Java/query an RDBMS!!! That's not what he is expected to do being the President. He needs to make policies and make decisions about good vs bad policies. Yes, there are people that will take his message and put it on the website for him. What's worng with that?

Do you really believe what that website says? Seriously? You don't think that's a little to targeted towards pulling our heartstrings? With no solid action plan to back it up? Just like a hooker ad on the freeway?
His action plan has been clearly stated on the website. What more plan to you expect out of him? What has Obama planned for you and me?????

Just like a hooker ad on the freeway?
A hooker ad on a freeway? That's the best analogy you can come up with? I didn't know hookers these days made promises to give you a green card in addition to turning tricks. You must be picking them up at the wrong freeway?!?!

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coopheal

04-11 04:00 PM

This was not inferred from Mexico EB3. I was explaining why EB3 Mexico became unavailable. Any category becoming U is nothing alarming. It just means there are no more visas available for that category for that year.

As for April 2001, it is the dreaded date for EB3-I India. The reason being all 245(i) applicants had a PD of April-2001 or earlier. If you haven't read 245(i) and its impact on EB3-I, please educate yourself regarding 245(i).

any category of EB3 or EB2 type going unavailable in May bulletin is alarming.

Most of us were under assumption that USCIS/DOS were keeping tight control on number of applications available..... USCIS and DOS has not given any other reason to believe otherwise...

However, this assumption proves wrong for Mexico and hence could turn out to be wrong for India as well. This has severe consequences on the VB dates movements...

It would mean DOS is actually approving lot more (double/triple the monthly rate) EB3-I applications and these applications are coming from Consulate Processing and those unaccounted for application in field offices.

so when most of us would be expecting EB3-I to be mid Oct or Nov it could turn unavailable.....

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sidbee

05-26 06:04 PM

While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
Officer : Sir what is your status in the US ?
Buddy: I am on L1 visa
I: H1B
buddy's wife: L2
my wife: H4
officer: is anyone US citizen ?
I: my son is (he was sitting in the car seat)

Officer: (to my buddy) Is your visa still valid ?
Buddy: yes
officer: do you have documents to prove your status?
buddy: i have some papers in my bag which in the the trunk
officer: can you show me?
(buddy got out showed him tax papers and answered some questions)
officer: did they not tell you you are supposed to carry your papers while travelling?
buddy: I came over a year ago so i don't remember
officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.

Just out of curiosity.

You were not asked to show any documents (your friend was)?
May be because your son is a US Citizen...

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rbms

11-01 01:28 AM

Nrc2008063600

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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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eb3India

06-12 08:08 AM

Pitha (shree)

if you read previous discussion and particulary logiclife post, you will find, any immigration reform bill will not be discussed let alone passed until it resolves illegal immigration issue

gone are the days where h1b increase use to be part of some budget bill.

you just can't do that any more

only chance SKILL has is thru CIR or other forum where it address illegal issue,

my point is we don't need any legislative change at this point,

IV is for legals who are already here legally and our demands are very simple, such as if they allow use to file I485 with being current and if they use unused visa numbers and allocate them to over subscribed countries our life will be lot better,

we need to rethink our stratergy and stop knocking these law makers, who cares only about illegals, either they are against them or far them, but they just don't really care about legals

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Kodi

04-01 11:36 AM

Does anyone have the format of the employment letter? My attorney didn't request one even when I emailed him few time.

Form I-140 has an area to write the wages per week? The amount my attorney wrote is wages for the year. Is this ok?

Thank you.

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07-04 05:49 PM

........

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