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Monday, June 20, 2011

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  • vandanaverdia
    09-11 04:19 PM
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  • go_gc_way
    12-29 11:23 AM
    good question - I do not visit the website often. I remembered the website out of the blue only yesterday. After about 1 1/2 year I visited that website yesterday. So it was out of my mind.
    Also, I am cannot use internet at work that often and going home I have other stuff to take care, dont get enough time to come to IV as well. I am glad you could do what I should have done long before :).

    Thanks WillBLucky, I appreciate your willingness to do something but can't because of your other obligations.

    I know, though all you folks want to do something, you are stuck with obligations.

    BUT IN THE END IF EVERY ONE OF YOU CAN PULL OF THAT 15 MINUTES (which is for your green card), IT WORK MAGICS. BUT FOR IT TO WORK MAGICS, ALL NEED POST THEM VERY VERY VERY SOON.

    If IV core team is working , dedicated, I am sure you all can spend 15 minutes. SEND YOUR GIFT TO IV and let us know on this thread, when you sent it, Thanks Friends :)





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  • sri1309
    02-18 05:48 PM
    The only thing I liked is at the end that says
    "Makes permanent an INA provision allowing adjustment of status of certain aliens for whom family-sponsored or employment-based applications or petitions were filed by a specified date".
    But that doesnt mean we start dreaming again.. Lets put our efforts. I got an email from Obama today (and I am sure may have also go who have previously posted their stories on his site) that he wants to hear from us what we think about the currrent issues.
    Did you post your story and the problems we are facing?.
    Lets keep writing non-stop. We just need an admin fix, not the whole CIR.





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  • masouds
    02-15 04:14 PM
    I understand your frustration, but the rules are the same for everybody, and if India sends more immigrants to the US then any other country, that\\\'s not the US Government\'s fault.

    If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally.

    "If there were not per country limits, Indians would consume all those EB visas visas leaving no chance to the applicants from other countries to immigrate to the US legally."

    This is a blatant lie. India is not using up ALL the H1B Visas, how can it use up ALL EB Immigration visas.


    Right; So, why o why the priority date for Indian (and chinese) born immigrants are way before ROW? Because there are more of you guys than ROW who want to immigrate to US. And that is OK, since those countries have way more population than rest of the other countries and more professionals. It is just that the policy is here since they don't want everyone (waiters, DMV clerks, etc) in Silicon Valley to be forced to learn Mandarin or Persian or whatever.



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  • canleo98
    11-22 02:24 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!


    Here is your lifeline :D :) :
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf





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  • RNGC
    09-18 09:19 PM
    All I want to stress are these keywords in all our prints "Legal - Highly Skilled"



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  • makemygc
    07-05 10:56 AM
    Core is putting their time and mmoney and doing this all for everybody

    Pray please tell me what the core did for people stuck in BEC's.
    Even these people contributed and once the dates were made current everybody and I'm sorry to say including the core forgot about them.

    I know I'll be bashed for wrting this and pls dont get offended but I just had to ask.

    Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
    Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
    There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.

    Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
    So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.

    Hope you understand.
    Thanks





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  • GC_dd
    06-11 11:56 AM
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  • mbawa2574
    02-28 12:54 PM
    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D





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  • anilsal
    12-28 12:58 PM
    Both of the flights were on the same itinerary and were booked through Thai. United was asking for money for international part of the travel because he said that Thai would charge United for the extra weight if United checked in the luggage all the way to Bangkok, which isn't really true because Thai did allow 70 LB then. I am not sure what the regulation is now.

    I think you are right that the guy was probably ignorant and didn't really care becasue I wasn't flying United after LA anyways.

    Then why did you not take the issue up with Thai after ur trip? You have the receipt for the extra charge from United? These are alliance partners and can sort it out. If you have the receipt and the itinerary, you can still contact Thai.

    They will go extra lengths to retain you as a customer.



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  • pointlesswait
    07-11 02:29 PM
    i think this move is temp...it will move back..before oct 2008!!


    I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.





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  • krupa
    07-25 03:57 PM
    If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.



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  • Guest007
    12-12 05:11 PM
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  • Ramba
    07-04 07:25 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.



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  • Refugee_New
    07-30 11:19 AM
    LOL.

    The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.

    Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.

    You are true. Every religion preaches their followers to give atmost respect to people of other faith. Being a weak humanbeing we always tend to forget these simple rules.





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  • webm
    03-19 03:52 PM
    May be I am not aware, say the dates move to 2005, then whoever has a PD till 2005 and has a pending 485, is bound to get GC approved,


    Approval depends on luck again as you know sometimes they follow random process and by that time dates can go back or stand still or fwd..no wonders anything can happen..



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  • chanduv23
    09-19 10:52 AM
    I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???

    We have a yahoogroups - I am not sure how many attended from that but it has been passive with only few members posting always - I was constantly posting on that urging people to join the rally.

    Around 80 people are signed in, you can sign in by visiting http://iv-tristate.blogspot.com/





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  • qesehmk
    02-11 07:31 PM
    So, according to you, what happens when no action is taken for assigned visa number?

    What matters is number of visas used. Have you looked at the numbers?

    I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...

    Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.

    Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?





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  • msgrewal81
    02-18 04:16 PM
    1 - It will grant GC to people with > 5 years in US
    2 - For EB skilled immigration for people with <5 years in US, it makes LC process more difficult.

    Please add your views about this bill, how it might be improved and its chances of becoming a law.


    P.S. I previously misread the text somewhere. This bill just eliminate H1B classification for fashion models.





    desi3933
    01-30 09:07 PM
    .....
    ....
    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    .....
    .....


    Before I answer your questions, I have couple of them -

    Will she get paid starting Feb 1st? If no, why not. Please explain.
    Will she on unpaid leave?
    Will she still be Full Time Employee?





    qesehmk
    02-12 02:31 PM
    We still have 7 months left for FY2010, so only assertion that there will be EB visa unused is only a "theory" at best.



    I agree. He has not backed his claim on that thread as well. Someone has posted a question in that thread regarding source of the spillover. The author of the blog responded with legal statute that explains how unused numbers of FB & EB from previous years are used for next year. But no link to justify 13,000 number.


    A fact in itself is nothing. It is valuable only for the idea attached to it, or for the proof which it furnishes. - Claude Bernard

    I know you lawyers can, with ease, twist words and meanings as you please. - John Gay


    _________________
    Not a legal advice.

    I am the one who asked him that question. And you can see he doesn't have any proof.



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