DianaSteve
10-29 05:36 PM
Sept 2001
EB3 India
LC approved April 2007
I-140 Pending
I-485 Pending
EB3 India
LC approved April 2007
I-140 Pending
I-485 Pending
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newbie2020
02-10 06:48 AM
I have some Delta Skymiles (3729miles), Not sure how to donate. If anyone needs them let me know.
mbartosik
09-19 03:52 AM
first - glad you liked my little skit / comedy show, Arman asked me to write a speech, I don't think that was quite what he had in mind when he asked me to speak :D
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
That was actually a toned down version of my skit :D I took out many of gags and would have loved to put more in.
I hope that a video will be posted, the crowd reaction was fantastic, at least that's what it sounded like from the stage. I had so many people coming up to me after. I've still not quite come down from it. It was fun to deliver too.
------
I like to idea of legalimmigrationvoice.org
legalimmigrationvoice.com points here, but I see that
legalimmigrationvoice.org has this
"If you are interested to have this website please contact us at registerflyaccount@yahoo.com"
I hope that was one of us that registered it (not a camper).
On the rally I saw lots of positive reactions, and just one negative reaction, and I think that he could not read or just assumed illegal, he called out "it will never happen". Even if we had signs that said "We are legal" some would still assume that we were undocumented because they would think that we were only claiming not to be criminals since crossing the boarder without presenting oneself for inspection is technically a civil offense I think. If we all wore suits the mistake would have been made less. The undocumented issue is so embedded in the public's minds.
Signs do need to be more brief.
The anonymity of a forum alias is not a good thing I think. Although the aliases are often cute. Some people called and asked if they had to give their names at registration. The boggy man will not get us! Big brother is not watching, remember he can only afford $2 for name check, so he cannot afford prospection glasses. Also it is handy to know people's names.
Yes we are mostly Indian and mostly Indian and Chinese have really bad delays. But it is unhelpful refer to Indians and Chinese joining forces, or this being an Indian org. etc. I put a lot of effort into trying to show my face in places to make the point that we are not just Indians and Chinese.
(Being a minority Anglo Saxon here I also put a lot of effort into emphasizing dropping country quotas.)
I wore a suit, 3 piece, yes my shirt was sweaty, but that was not caused by the rally it is was my crazy schedule of back to back meetings, and running around logistics organizing. Ironically I rarely wear a suit at work.
Maybe holding a few signs with our job titles would make the point. I think that would have helped reporters pick people out for interviews.
I think that Aman learnt that he needed at least 2 personal assistants on the day.
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skark
03-21 05:31 PM
Well, if the poll results is in anyway reflecting real numbers out there with pre 2003 EB3-India applicants being in substantial numbers, then its gonna be a loooong wait for PD to even reach mid to late 2003! Hope its not like that and the "PD seniors" were more active in the poll than the "newcomers"!
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
Either way we'll know very soon! *^$%&*$^&%# Just venting my frustration...
more...
meera_godse
01-31 02:15 PM
1. Is travel advisable or even permitted during such a transition ?
2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?
3. what if one travels when H1 has been filed but not yet received.
2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?
3. what if one travels when H1 has been filed but not yet received.
WAIT_FOR_EVER_GC
07-13 07:49 PM
I thought it will not be of much use since my PD wasn'tcurrent. Can you let me know the procedure to open a SR?
Call USCIS, there number should be listed on the receipt or online.
Ask them to open an SR as your cases has passed the normal processing time.
They will do that for you
Call USCIS, there number should be listed on the receipt or online.
Ask them to open an SR as your cases has passed the normal processing time.
They will do that for you
more...
bpratap
02-11 07:35 PM
If someone port their EB3 i-485 to EB2, say somebody who's PD is in 2002.
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
Does his Visa number go waste or it will be re-used for another case.
this is with presumption that the cases are pre-adjudicated
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venky321
02-13 06:12 PM
This is ridiculous; no one asked you to come to this country.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
Nor are you entitled to anything besides what they chose to bestow.
Remember that.
more...
javadeveloper
12-11 12:33 PM
Agreed! But when you call your bank to send you a debit card, they send it in days if not in weeks....that shows a sign of inter-dependability and a sense of need for each other. Sort of...I need you, you need me. You do not have to file MTR if they don't send you a debit card within 10 days.
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
Compare that with US consulate and DOS VISA bulletin and GC process...
Agreed
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kaisersose
02-21 04:19 PM
Thats true. There will be supply of more 485s to the pool but that will be from EB1 and EB2 row which are always current. I guess you could reduce the 140k/year based on those numbers but since these cats are always current does it suggest there is not much demand?
Yes. Current means Supply is more than Demand.
Yes. Current means Supply is more than Demand.
more...
pappu
12-21 10:56 AM
Conference Details
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Hello Varsha,
How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
http://immigrationvoice.org/forum/showthread.php?t=2645
Date: Wednesday, December 20, 2006
Start Time: 9:00 PM Eastern Std Time
End Time: 10:55 PM Eastern Std Time
Participants: 25
Type of Conference Web-Scheduled Standard
Dial-in Number: 1-605-725-1900 (South Dakota)
Organizer Access Code: *938581 (you must include the leading star key)
Participant Access Code 22558
Hello Varsha,
How was the conf call. pls post some brief notes. All NJ and NY members are invited for the meeting this sunday in CT
http://immigrationvoice.org/forum/showthread.php?t=2645
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solaris27
07-12 08:33 AM
http://www.immigration-law.com/
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month:
I-140 Premium Processing: The first condition of present limited I-140 premium processing is the unavailability of the visa numbers for you. If your H-1B six-year limit will reach within the next two months and one-year increment extension is not available in your situation, please make it sure that you file the premium processing of I-140 petition before the end of July, 2008 for the three reasons: (1) Without the approval of I-140 petition, I-485 cannot be adjudicated. Since the premium processing will not be available from August 1, 2008, you should not fail to file premium processing services. (2) If the circumstances are such that you may have to change employment using approved I-140 petition, approval of I-140 petition by premium processing will be particularly critical. (3) As explained below, approval of I-140 is one condition for the H-1B three-year increment extension. If such extension is critical for you, you should seek premium processing services as quickly as possible within this month.
104(c) Three-Year H-1B Extension Petition: If you filed I-140 and I-485 concurrently during the period of July 2007 Visa Bulletin fiasco, some of you may have obtained the I-140 petition and are just waiting for the adjudication of I-485 application. Again, some of you who fit this description may not be eligible for one-year increment H-1B extension because of specific situation in each case. You may then have to file the three-year increment H-1B petition within this month as the 104(c) petition can be filed only during the visa number is not available for you.
Two-Year EAD Extension Application: If your EAD will expire within the next four months (120 days), you should file the EAD application within this month since the first condition for the two-year EAD is unavailability of visa number for the applicant.
The foregoing actions will be particularly important for the late I-485 receipt date filers. Since the USCIS is likely to adjudicate the I-485 applications in processing queue which is generally determined by the date of receipt of I-485 applications, the later the filing date is, the longer the adjudication will take in general, and the earlier the filing date is, the shorter the adjudication will take unless some issues are involved. Good luck.
more...
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gc_aspirant_prasad
09-11 06:54 PM
^^^ Bump ^^^^
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anilsal
12-13 12:04 PM
As far as I know Pappu is in IN attending a conference which ends tonight. So he may have limited connectivity. I do not know about the other core members (I am not one)
An action to contact USCIS/DeptOfState to explore options to file 485 during retrogression, certainly does hold merit. I am sure you can say that you represent IV.
An action to contact USCIS/DeptOfState to explore options to file 485 during retrogression, certainly does hold merit. I am sure you can say that you represent IV.
more...
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Macaca
09-26 09:41 PM
Here's a classic example ..
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!
If you look at the other threads on this forum you have people against the Durban bill coz it affects F-1 students . There is another section which is against Grassley coz it'll affect Consultants trying to get H1-B. I do understand Grassley's bill can have many implications and need to be opposed, but the focus still has to be towards alleviating the Employment based GC issues.
I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards. period. thats what is started out to be and needs to come back on that track instead of trying to act as a platform for all Legal Immigration issues.
Simply put IV is " EB-1/2/3- related org" ok..ok.. add in those millionaires who put in a million dollars for GC too.
The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.
It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.
From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.
senthil1 makes more sense then this!
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GCStatus
09-18 12:20 AM
I will take it easy if you weren't intentionally insulting.
Woohoo, we have a winner
Woohoo, we have a winner
more...
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Madhuri
07-05 01:12 PM
Yes I aggree. I think we have reached a stage where there are at least around 1000 members who flock to IV, when they need help on any GC related issue.
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
Why not make IV paid membership? IV core team's work and persistance has made this site an integral part of all GC apsirants' lives.
Peole value this site/it's opinions etc. There is nothing wrong in make them pay for it ONLY because we are on so shoestring budget. Our efforts can be more fruitful if core is having enough funds at disposal.
Lets do some quick math here. Assuming that we have 500 guys who are paying. you make IV paid. You will have alteast another 200 guys who will realize the importance of IV and join. People have come to IV time and over when ever shyt has hit the roof and they will come.
700 is better or 500 with a boat load of people who are just hovering around is better?
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jthomas
05-27 02:01 PM
Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.
I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..
I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..
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immi_2006
09-26 10:29 AM
Check this
http://morejazzbythebay.wordpress.com/2007/09/26/cnn-misreports-purpose-of-immigrationvoice-rally/
Lets spread the message....
http://morejazzbythebay.wordpress.com/2007/09/26/cnn-misreports-purpose-of-immigrationvoice-rally/
Lets spread the message....
psaxena
05-27 05:33 PM
I am really laughing.... very true, there are a lot of dumbs on this forum
The guy at Kino's was probably a dumb high school dropout and you have proved to be his match by posting it here....
The guy at Kino's was probably a dumb high school dropout and you have proved to be his match by posting it here....
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.
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.