dakajo
12-21 10:07 PM
You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...
wallpaper i miss you quotes and sayings
jsb
08-17 11:25 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD
pointlesswait
11-17 03:49 PM
why cant they spell out the damn rule.. instead of leaving it out for speculations...
insane!
insane!
2011 wallpaper #i miss you #silence
rghangrekar
02-20 04:05 PM
Congrats to Eb2 dudes.....hopefully EB3 will not fall very behind. I am hoping Eb3 keeps moving and gathers pace...
more...
iluvcric
08-13 08:11 AM
Count me in.
This wait is killing us.
This wait is killing us.
when
02-20 03:47 PM
When EB3 India........:(:confused:
more...
anurakt
12-27 10:55 AM
it would be useful to all if people who have traveled could let us know their experience transiting through different airports, also we should compile a detailed list of the airports that have some transit visa requirements.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
Austria
Airport transit implies staying within the airport for not more than 24 hours, without crossing the immigration. This applies to those passengers also who may be required to stay in the aircraft during the transit time.
US Passport Holders: Not required
Indian Passport Holders: Not Required
For more information on VISA / transit VISA requirements, please visit the official website of Austrian consulate/embassy.
http://www.aussenministerium.at/view.php3?f_id=5308&LNG=en&version=text
Address / Contact numbers in USA
Austrian Consulate General
31 East 69th Street
New York, NY 10021
Tel: +1 (212) 737 6400
Fax:+1 (212) 585 1992
E-mail: info@austria-ny.org
Public hours: Mo - Fr 9:00 am - 12:00 noon
Kuwait
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please contact the Kuwait Consulate/Embassy near you.
Address / Contact numbers in USA
Kuwait Information Office
2600 Virginia Ave, NW, Suite 404
Washington, D.C. 20037
Phone: 202-338-0211
Fax: 202-338-0957
Email:questions@kuwait-info.org
Netherlands
US Passport Holders: Not required
Indian Passport Holders: Not required
Address / Contact numbers in US
There are 58 offices across spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL. http://www.netherlands-embassy.org/location.asp
UK
US Passport Holders: Not required
Indian Passport Holders: Required*
*Exemptions
YOU ARE EXEMPT IF::
You are travelling FROM the US with a valid US visa and a valid airline ticket for travel via the United Kingdom to another country; or
You are travelling TO the US from another country and hold a valid airline ticket for travel via the United Kingdom and a valid US visa; or
You last entered the US with a valid US visa which has now expired but you hold a valid airline ticket for travel via the United Kingdom to another country and you are intending to transit the United Kingdom within 6 months of your last date of entry to the US; or
You have a valid US I - 551 Permanent Residence Card (Green Card) issued on or after 21 April 1998 (but see Note 1 and 2 below); or
You have a valid US Immigrant Visa packet (form 155A / 155B); or
You have an expired I - 551 Permanent Residence Card (issued on or after 21 April 1998) and a valid I-797 letter issued by the Bureau of Citizenship authorising its extension (but see Note 1 and 2 below); or
You have a valid Canadian Permanent Residence Card issued on or after 28 June 2002; or
You have a valid common format Category D visa issued by EU/EEA member states; or
You have a valid common format EU residence permit issued under Council Regulation (EC) No 1030/2002;
You hold a diplomatic or a service passport issued by the People's Republic of China; or
You hold a diplomatic or an official passport issued by the government of India; or
You hold a diplomatic or an official passport issued by the government of Vietnam.
Note :
Holding an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid US visa; or a Transportation Letter instead of a valid US Permanent Resident Card issued on or after 21 April 1998 does NOT qualify you for exemption from the DAT visa requirement.
Holding a valid travel document with an ADIT stamp - worded "PROCESSED FOR I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL ......EMPLOYMENT AUTHORIZED" - does NOT qualify you for exemption from the DAT visa requirement.
Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (eg. a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (eg. Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit onto a third country.
There are separate exemptions for holders of Australian, Canadian and New Zealand visas. Please click here for details.
For more information on VISA / transit VISA requirements, please visit the official website of UK consulate/embassy.
http://www.britainusa.com/visas/other_show.asp?SarticleType=25&Other_ID=313
This information has been prepared with utmost care; we cannot accept any responsibility for inaccuracies contained herein.
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.britainusa.com/consular/locate.asp
Switzerland
US Passport Holders: Not required
Indian Passport Holders: Not required
For more information on VISA / transit VISA requirements, please visit the official website of Swiss consulate/embassy.
www.eda.admin.ch/washington_emb/e/home/consular/visas/needvisa.html
Address / Contact numbers in USA
There are many offices spread across different states in USA. To check the address, contact numbers, email address, working hours, etc., please click the below given URL.
http://www.eda.admin.ch/washington_emb/e/home/ovriew/email.p.html
* It is the responsibility of all travelers to obtain any required visas and travel permissions. I recommend all travelers check with the airline they are flying regarding applicable Transit and Visa Rules for the country they are transiting through. Immigrationvoice or myslef will NOT be responsible for any traveler being denied boarding on account of incorrect documentation.
2010 miss you quotes and sayings.
we_can
01-03 11:06 PM
Posted on immigration.about.com
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
http://forums.about.com/n/pfx/forum.aspx?tsn=1&nav=messages&webtag=ab-immigration&tid=13888
more...
redindian
07-16 07:00 PM
I think we need to counter act and stop this kind of False Propagandas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
Core Team Please draft a Letter in accordance to this we will all send Web faxes...
Not every Senator has time to learn the facts they would only believe any statement or propaganda somebody is making. we should strongly object it..
Again it is my personal view..
the fax contents has been like this since last year - so i think they are just pathetic liars/losers who just want to spread false information about us.
i am sure they know that we pay tax/social security - but it doesnt help their case.... no difference between these racists and AlQda madarassas
hair sayings i miss you quotes
gvenkat
10-16 10:50 AM
At the risk of getting red dots. let me give my two cents. All the flower campaign and protests worked when USCIS did a screw up, this time around it's not USCIS thats screwing up it's the DOS that allocates the # of visas.
No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.
And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.
Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.
Until then enjoy what u have and have fun.. :D:D
No point sending USCIS flowers. And honestly. Everyone except India EB3 and China EB3 are in good shap they will get their GC's within 5 years which is not a bad wait. Chinese people are not like Indians they come here and hardly go back to their home country so they dont care. It's only India EB3 that is significantly affected and in this uncertain times no one cares about a small chunk of India EB3 and That is the Fact.
And it's preposturous to think that DOS and USCIS are not aware of this. They are very well aware of this and they dont give a damn about us. I know certain people will come here shouting what did u do for that cause.. U can make calls write letters but INDIA EB3 is not the priority for anyone right now. we are the least in the chain.
Whoever has approved 140 can bite the bullet and switch jobs if they want to.. The best one can hope for is things could become different with the economy going up and a change of government.
Until then enjoy what u have and have fun.. :D:D
more...
kaisersose
03-19 11:21 AM
If Ron Gotcher's logic works, consular processing may be more quicker for India/China EB2.
He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.
He says USCIS does not work fast enough to adjudicate 140k cases a year. They only do about 85K. But DOS is clear that they want all 140k visas used up. The result is PDs will be advanced forward and the balance numbers will be used by consular posts.
hot i miss you quotes and sayings
glus
01-16 07:18 AM
Signed up for $20 per month. That's all I can do now. Hope that it will help.
Regards,
Regards,
more...
house 2010 i miss you quotes and
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.
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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humdesi
02-17 02:20 AM
OH REALLY? 500 K will walk out with u? Can u initiate the call please?
I don't think canuck said he wanted 500K people to walk out. It was just a hypothetical scenario.
But I agree - this whole mudslinging is disgusting. BTW, it's not between Indians and RoW. It's between Indian trolls and RoW trolls.
I don't think canuck said he wanted 500K people to walk out. It was just a hypothetical scenario.
But I agree - this whole mudslinging is disgusting. BTW, it's not between Indians and RoW. It's between Indian trolls and RoW trolls.
more...
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vamsi_poondla
09-26 12:36 PM
Excellent coordination...
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alisa
01-23 06:33 AM
I agree, at some point, things break even, because people will frankly get fed up and leave. That point will be somewhere between 10-20 years. And we will then be congratulating the two or three Indians who wait this out.
This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)
The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)
The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)
People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.
I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.
Nothing wrong in trying to change the course though.
This was just an attempt to model in the absence of reliable information, and to try and get as reliable information as can possible be got. I wish we could get more data and links here than we currently have (just one I think.)
The modelling on this thread shows wait times of 15-20 years for India, about 5 years for ROW, and somewhere in between for China (I think China will be closer to ROW than India just because their backlogs for 2001 and 2002 were one fourth that of India.)
The purpose of the exercise was to estimate wait times based on some solid data. Who is getting screwed, and by how much. (Looks like, the answer to 'who' is Indians, and the answer to 'how much' is 'A lot'.)
People will naturally not wait for 20 years to get a greencard. Either things will be fixed, or people will start leaving.
I think thigns break even at some point. It is so frustrating that it becomes no longer attractive to pursue GC (If we have not already reached that point).
You got to be open to change to survive, be it a person or a country. No point in predicting death before GC or any such extreme cases. It will definetely take as long as it needs. Its basic capitalism at best , supply and demand. You can't beat that.
Nothing wrong in trying to change the course though.
more...
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CSPAvictim
07-09 07:24 PM
Clause B is not the only thing. In any quarter they are not supposed to issue any more than 27% of 140,000(100%) = 37800. according to Clause A. After June 15th they issued 140,000 - 66000 = 74000. What about the last quarter quota of 37800? Where did it go? It was not supposed to be used before July.
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
On second thoughts, it seems like you're talking about the 37800 for the last quarter. Well, I havent yet come across any law/regulation that prevents USCIS from using up all the visa numbers before the last quarter. And like I said before, the last quarter is not subject to the 27% limitation. Over the years, USCIS has not been using up all the numbers for the fiscal year. This time, they did the opposite and used them up in the first three quarters itself!:eek:
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sodh
07-23 03:39 PM
Do you have any document from CIS? Need some proof to fight.
Important missing documents,USCIS can reject an application on their discretion, no need for RFE.
Important missing documents,USCIS can reject an application on their discretion, no need for RFE.
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pappu
02-03 10:01 AM
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...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
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...
Hello Mirage,
could you please update your profile dates so that it can help everyone in IV tracker. Thanks.
While your concern is genuine, our experience says it is not that easy to remove country quota with a 2 line bill. IV will advocate for it, but understand that it will not happen in isolation and it is not feasible in an isolated bill. Lot of ROW have this misconception that IV just wants to remove country caps and help people of particular countries. That is not true. Our aim is to end retrogression for 'everyone'. Country caps is one of the ways by which we aim to do that. But understand an immigration bill will not have just country cap removal. That is not practical. There will be recapture and other possible measures like raising limit or backlog elimination specific measures with time limit.
So do not fan emotions through the post because people start getting agitated without fully understanding the reality and what and how IV aims to approach this problem.
We prefer that we help clear misunderstandings with other fellow members whenever they argue on this topic.
indrachat_75
06-30 09:57 PM
Does anyone know if Fedex or anyone accepts mails on Sunday to be delivered on Monday morning ? Please advice ASAP.
Thanks
Indra
Thanks
Indra
thescadaman
06-11 09:44 AM
sent..