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  • chanduv23
    11-14 10:13 AM
    Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.

    Can people in California approach Zoe Lofergens office with the idea?

    On my part I will start sending letters and emails to the law makers.

    Some one in the core has to take the lead and give some direction to this effort......

    Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.

    Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?





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  • Canuck
    02-14 08:15 PM
    maybe there is no divide and rule - but definitely when they thought of country limits - they must have debated and come to conclusion that there should not be domination from one country (as one country people can become powerful - demand more etc) .so in a way it is divide. but in this age - country limits dont make sense. the problem is laws dont change easily.

    Of course they thought about that! They don't want too much of one ethnic group, which is why they apply per country rationing for EB immigration, which is completely discriminatory and flies in the face of basic employment laws.

    If they are too worried about voting blocs, they should then implement a system whereby, no more than a certain percentage of green card holders in a given year from a certain country of birth can become citizens. Personally, I could care less about voting, I just want the ability to have my green card on a shorter time scale!





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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.





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  • go_gc_way
    12-27 10:52 PM
    Thanks Pappu.

    IV members :
    Need help !! .. finding regional web sites. As an example
    atlantadesi.com in Atlanta.

    I have listed cities below , can IV members help find regional web site of the cities below, then we can post in the sites .. We need to take these action items with a SENSE OF URGENCY, just like we MADE CALLS in Lame duck. PREPARATION IS IMPORTANT, INCREASING MEMBERSHIP WILL HELP SOLVE MANY PROBLEMS APART FROM FUNDING.

    LET'S COMPLETE THIS EFFORT ASAP.

    I am bumping this thread , with a classified in atlantadesi.com

    Cities ,I am looking for most popular regional web sites.
    1)New York
    2)Los Angeles
    3)Chicago
    4)Houston
    5)Philadelphia
    6)Phoenix
    7)San Antonio
    8)San Diego
    9)Dallas
    10)San Jose
    11)Detroit
    12)Indianapolis
    13)Jacksonville
    14)San Fransisco
    15)Columbus
    16)Austin
    17)Memphis
    18)Baltimore
    19)Fort Worth
    20)Charlotte
    21)El Paso
    22)Milwaukee
    23)Seattle
    24)Boston
    25)Denver
    26)Luisville
    27)Washington
    28)Nashville
    29)Las Vegas
    30)Portland
    31)Oklahoma City
    32)Tuscon



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  • nixstor
    07-05 01:35 PM
    I think IV should allow only paid members to create a new thread. Any non-paid member wants to create a new thread, then make them pay before creating one.

    Very decent idea. But Its very difficult to implement as we might have to some code tweaks. I myself am not a programmer. I remember Pappu or some one asking for PHP/My SQL help which I believe went unanswered.





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  • gc_wow
    03-09 12:37 PM
    why did row eb3 gone back 2 years?



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  • singhsa3
    07-18 09:54 AM
    Please explain Greg's comment,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd,reached 11:34 AM CST, has not been returned yet, shouldn't we assume that it will be accepted?





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  • satishku_2000
    12-27 01:50 AM
    I travelled in last november thru hongkong. You dont need a transit visa but I felt humiliated with the treatment. Hope you know what I mean.

    And on another note My sis and her husband have been Bank Of America customers for a long time and they have decent amount of funds in their account .Their mortgage application was rejected by BOA because they dont have a GC only to be accepted by other lender and better APR on their loan :)

    I like this country and capitalism ...God bless America.



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  • .soulty
    02-27 08:46 PM
    cant find anything online, check your help files grinch, and i think your right 3d Nirvana your method may be more grinch is looking for, im so rusty in 3d its just nastiness. :(





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  • bigboy007
    07-18 09:26 AM
    other than some quoting did you know any of your friends or your attorneys cases getting rejected.



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  • webm
    09-26 10:12 AM
    I sent a message to editor!!!





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  • pbuckeye
    02-12 03:06 PM
    What advertisement? I was just trying to see if there was any truth in "he who shall not be named" 's assumption. I am convinced of the facts now, which was the point to begin with. Does every post have to be part of an agenda (too much Zee TV watching )?

    thanks to kumarc123 for bringing some comic relief to this wound up thread.

    P.S. The Zee TV bit was a joke, I am not an advertiser for that channel as well.



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  • Legal
    07-13 10:35 AM
    #67 Today, 09:28 AM
    alterego
    Senior Member Join Date: Jul 2006
    Posts: 460

    Keep in mind two things. Many, quite possibly most of the July VB fiasco filed 485s have not been processed yet, Eb2 or EB3 India. There have been more recently (in the past couple of months) but still not most.

    When a few IV members predicted the rapid movment of EB2 -I, they were dismissed as naive, and fantasizing. Yet, here we are with the EB-2-I PD current for June 2006. Lately, I'm having more faith in the philosophical statement -"The truth is unknowable". :) and having less and less faith on the speculations/ predictions of most IV members.

    Are you sure about your above statement? My interpretation is since the processing date for 485s at the Nebraska service center is July 27th 2007, all the 485S received before that date have been processed, and are waiting only for visa number assignment.

    I would like to fantasize next fee weeks my assumption is correct:). My PD is EB2-I feb 2006, RD July 2nd 2007.





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  • Sammo
    02-21 05:04 PM
    every package except LW has a free trial.

    Yeah and thats the one I really want to try...I've heard so much abuot LW being the best (although my 3d friends are probably biased)...



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  • eb3_nepa
    04-10 08:07 AM
    Instead of letting members open 4 different threads, it is best that IV core itself opens the thread in RED so that it catches people's eyes and they post their comments in one spot rather than 4. AND it helps highlight the fact the bulletin is actually out.





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  • vgayalu
    10-05 01:34 PM
    Hi Guys,

    My attorney sent the response last week and it was delivered to the Dallas, TX. I am little concerned that my attorney actually sent the response to a courier address rather than the PO Box for TSC that they ask you to send. So far I have not seen any updates on my case.

    Vgayalu: After how many days did you see an update after you sent the response to the RFE.


    RFE received date : 09/07/10
    RFE Response sent (MAIlED) : 09/29/10
    (IN USPS to PO BOX by Express mail)

    RFE Response Received by USICS : 09/30/10 ( On line update on same day). - Hard LUD

    Again there is one more soft LUD on 10/01/10.

    Approval update : Hard LUD 10/05/10.



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  • stuckinretro
    10-15 07:54 PM
    I think you don't understand. USCIS has no control over the Visa bulletin. The reason India EB3 is doomed because of the percountry limitations set by DOS.
    Congress need to change that rule not USCIS.

    Know your facts before suggesting something that doesn't work!!!

    Guys,

    I think this is a time to start another flower campaign to USCIS. It is ridiculuous to have 7 years of retrogression on EB3 India, same is true to good extend for EB2 India also.





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  • TeddyKoochu
    07-12 05:18 PM
    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!

    Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.





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  • ramus
    07-03 08:41 PM
    Thanks for your contribution..


    In all 400$ to date.





    NKR
    02-20 03:17 PM
    Thanks Googler. This wait for GC has made me forget the definition of patience :)





    optimystic
    10-16 12:47 AM
    Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.

    I did not realize it was this simple! Will surely send the letter by this weekend.

    Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?



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