gsc999
04-21 10:49 PM
I stayed till 6:30 p.m. and got an opportunity to briefly talk about Immigration Voice and commended his initiative on solving this issue.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
Here is my take:
- Lot of IV members showed up, around 50. Please correct me if I get that right.
- Per my understanding Gutierrez came to CA, even though he is from Illinois to seek and reinforce support from California representatives, since CA is the swing state as far as immigration is concerned. Legal as well as undocumented.
- A lot of Latino origin people showed up. Well, no surprises there. Most of STRIVE does deal with undocumented immigration. Infact, it might be better that way. We keep low public profile but hard and strong lobbying.
- I asked Rep. Gutierrez if STRIVE bill had enough Republican support to pass the House. He mentioned that he is working to do that.He wants us to contact Republicans reps., not just the Democrats.
- It was good learning experience. I wasn't expecting a structured Q&A session. A suggestion: It would be great if we can trash out a strategy among ourselves and designate a spokesperson.
- I gave a brief interview video interview to the office of a State Senator from Sacramento. I mentioned about IV and our goals.
- It did looked like a Spanish affair but it is our preogative to speak up.
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rockstart
03-10 11:07 AM
Guru's
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
I have a small doubt on AC -21 especially the same / similar interpretation. in Perm Application there are two places where there is job description. One is Section H field 11 ( Job Opportunity/ job duties) and other one is Section F field 2 ( Prevailing Wage/ SOC code) now both define what the job is the Section H is company specific and Section F is list of USCIS codes under which this particular job falls as subset.
The question is will USCIS judge using section F or Section H for same/ similar interpretation because Section F is pretty Generic and as long as you are in same field it works example in IT if you were say DBA and now data modeler or Systems Analyst or coder they are pretty much same. Here is an example of one such code
15-1051 Computer Systems Analysts
Analyze science, engineering, business, and all other data processing problems for application to electronic data processing systems. Analyze user requirements, procedures, and problems to automate or improve existing systems and review computer system capabilities, workflow, and scheduling limitations. May analyze or recommend commercially available software. Exclude persons working primarily as "Engineers" (17-2011 through 17-2199), "Mathematicians" (15-2021), or "Scientists" (19-1011 through 19-3099). May supervise computer programmers.
But in case they try to interpret Section H is it very complex and has specific tools that can get outdated or obselete with time. So it will be difficult to do an Ac -21 with that Example if they mention SQL Server or Ab-Initio in section H and now you take a full time in company using Oracle or Informatica will that cause an issue?
pappu
02-11 08:44 PM
141,020 visa numbers used in FY2009
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf
Look at the last page.
The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.
__________________
Not a legal advice.
Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.
If someone thinks visas are being wasted please send us the proof and IV will take action.
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mallu
06-20 02:54 PM
PD Nov.2002 India EB2( original labor ).
I-485 RD Jul 2006 . AD : June 2008.
Waiting for actual card...:D
I-485 RD Jul 2006 . AD : June 2008.
Waiting for actual card...:D
more...
am100
07-06 01:23 AM
Did u Used AC21 or changes job after applying I-485 Or is it a stright forward case.
Thanks in advance for the reply.
Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.
I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.
Thanks in advance for the reply.
Sorry for the late response. I was actually out of country when my GC got approved. Just got back today.
I did not use AC 21. I have been with the same employer throughout the process. However, I changed job location after 140 approval. Hence, I had to refile labor (PERM) from new location but ported the older PD. Since, my PD was not current, I did not loose any time even with refiling labor. Hope this helps. Please let me know if if you have any more questions.
chintu25
09-10 10:45 AM
You can view the proceeding live at
http://judiciary.house.gov/hearings/calendar.html
http://judiciary.house.gov/hearings/calendar.html
more...
gemini23
09-26 10:13 AM
Can the IV core make this a sticky thread or display it prominently in the main page..so that we can this as one of the action items for today.
2010 Alex+grey+gaia+tattoo
pappu
01-15 11:26 PM
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
more...
BlueSunD
02-27 06:14 PM
Looking really good Elisoe!
Thanks Grinch (hope you had a nice trip!) Keep up the great work!
Guess my curiosity is being satisfied, so thanks guys! :D
Anyway, here i�ll post a little list of sites with textures, some are ready to be used, and tileable, some still need to undergo some retouching... or more.... :) Hope it helps!
http://lemog.club.fr/index.html
http://astronomy.swin.edu.au/~pbourke/texture/ (http://astronomy.swin.edu.au/%7Epbourke/texture/)
http://textures.forrest.cz/
http://www.mayang.com/textures/
http://www.davegh.com/blade/davegh.htm
http://3dtronic.webbied.com/
http://digitalcraftsman.com/textureBin/textureBin.htm
http://www.animax.it/#
http://earthobservatory.nasa.gov/Newsroom/BlueMarble/
http://www.visibleearth.nasa.gov/ (sorry but down at this moment...)
http://gw.marketingden.com/planets/planets.html
http://www.imageafter.com/
Happy texture hunting :pir:
Thanks Grinch (hope you had a nice trip!) Keep up the great work!
Guess my curiosity is being satisfied, so thanks guys! :D
Anyway, here i�ll post a little list of sites with textures, some are ready to be used, and tileable, some still need to undergo some retouching... or more.... :) Hope it helps!
http://lemog.club.fr/index.html
http://astronomy.swin.edu.au/~pbourke/texture/ (http://astronomy.swin.edu.au/%7Epbourke/texture/)
http://textures.forrest.cz/
http://www.mayang.com/textures/
http://www.davegh.com/blade/davegh.htm
http://3dtronic.webbied.com/
http://digitalcraftsman.com/textureBin/textureBin.htm
http://www.animax.it/#
http://earthobservatory.nasa.gov/Newsroom/BlueMarble/
http://www.visibleearth.nasa.gov/ (sorry but down at this moment...)
http://gw.marketingden.com/planets/planets.html
http://www.imageafter.com/
Happy texture hunting :pir:
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gsc999
07-03 03:55 PM
Here is my $99 by paypal.
Amount: $99.00 USD
Transaction ID: 5DB90775US5552631
Amount: $99.00 USD
Transaction ID: 5DB90775US5552631
more...
sanjeev_2004
06-30 09:52 PM
What exactly are you trying to say?
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.
Have Fun.
You contradict yourself and also make a fool of yourself.
First you suggest a random date called 9th and then admit that your prior decisions and that to GC specific did not prove to be right. Why in the world you want to post your own bad record is beyond me.
just chill. I just cooked a spicy chicken with red/orange/green peppers.
Please don't spoil my dinner after going through hell past 2 days.
Have a nice dinner. I just enjoyed my dinner. But I will send my paper on Monday for sure. I will wait. 4 July is holiday. Friday day of explanations and Saturday is day of having fun. So 9 th is great day for me.
Have Fun.
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indianindian2006
04-23 06:34 PM
Congratulations Googler
more...
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StuckInTheMuck
07-28 12:38 PM
Okay, from wine shop to religion to law to constitution, what next :)
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
Hmm, now I know, for me it is back to the wine shop - no intellectual quest though, just a simple thirst for quality alcohol.
tattoo About me:
bfadlia
02-03 12:37 PM
Guys,
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time or few days in Washington, please PM me. our sole agenda is bring a 2 line bill to remove country quota...
Didn't we have these discussions over and over before? and the admins telling us to stop because IV goals are set and will not change?
If you just want to argue and waste time, lookup previous threads discussing this and you'll have enough reading material for weeks to come.
more...
pictures New Works by Alex Grey : Net
hpandey
03-12 12:14 PM
Dude,
Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.
Thank you,
You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.
I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.
We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.
I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.
Don't embarrass yourself with your IQ, you have only 25 some of posts, I have been here long enough and understand IV more than you. Please keep your smartness to yourself.
point at consistency, ? If you don't have one then shuv it up. I have been urging IV for a long time to do something big, anyone who has that question can go in history Forums, and read.
Thank you,
You don't understand IV or else you would not say SHAME on YOU to IV. What can IV do without money and no support from people. IV does a lot of meetings with govt departments and Washington. At least someone is aware of our problems.
I have seen a number of times IV core requesting people to come forward to give their stories for articles in prominent newspapers who contact IV to put our point of view forward. Even for that except 1 or 2 no one else comes forward.
We pay thousands of dollars to lawyers , USCIS etc etc and still we haven't got a GC and you have paid zero to IV and expect IV to get you a GC . Isn't that some twisted logic.
I think you should demand your LAWYER and USCIS to give you the GC since you have paid them thousands . IV doesn't owe you anything at all especially Pappu who is the public face of IV on this forum and puts in so much of his time.
dresses the great artist Alex Grey
grinch
03-07 07:43 PM
Aw darn!
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
It's alright nirvana, yet I think the only people in this right now are me, sun, eilsoe, and spark?
more...
makeup He let me take an Alex Grey
haifromsk@yahoo.com
02-21 02:28 PM
bump
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alterego
07-04 08:31 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
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alex99
04-07 05:04 PM
HI BharatPremi,
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
Thanks for your response.
are the cases with 'Received Regional Office' status should be counted as Certified cases?.
Regards,
Alex
ek_bechara
10-15 03:11 PM
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.
Take productive things to the table to discuss. Let me give you a few pointers
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.
In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.
We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.
Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.
Let me clear a misconception for you. It is not a peaceful protest because USCIS will not know why and for what reason you are sending the flowers. Even if it did - you need to realize that the entire system needs a fix and I will say this one more time, FLOWERS are going to change jack-shit.
Take productive things to the table to discuss. Let me give you a few pointers
1) Rope in folks such as Vinod Khosla and Indra Nooyi to talk for us
2) Differentiate ourselves from illegal immigrants
3) Statistics such as taxes paid, contribution to economy, etc will help
4) Ability to purchase homes, start business, and create jobs
5) For the sizeable population we are, involvement in crime is minimal
6) Peace loving people who want to live in this county and contribute towards its growth.
So for heavens sake, stop this nonsensical flower campaign. You will only piss off the folks at USCIS. Last time the flowers were re-routed to the nearby V.A hospital. This time will be no different.
In management when things dont get done at one level what do you do? You go one level above and deal with higher-ups, make your case, and usually the outcome is that the person at your level who is butting heads with you will accept what you are saying because his boss asked him to shut up and do what you are asking.
We can keep barking up the wrong tree or just circumvent USCIS and take the higher up route. For that we need representation in the corridors of power.
Whatever I'm saying will not make much sense. So forget it. Go ahead with the flower campaign. All the best.
harish
05-20 10:30 PM
Congratulations Harish! Btw, Googler is a her not a his. :)
Googler -- Thanks a lot! Apologize for the assumption....my mistake!
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
Googler -- Thanks a lot! Apologize for the assumption....my mistake!
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
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