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  • neoneo
    09-26 10:47 PM
    senthil1 makes more sense then this!

    I don't know who senthil1 is, nor do i care. If you nothing to reply please don't waste white space. My comments are not to stir up arguments but an observation.





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  • gjoe
    09-17 10:44 PM
    If you have lots of money in the US you may be at risk of losing atleast some part of it. I think buying gold or buying property at a bargain price would be a safe bet. Don't let too much money in the banks. FDIC insurance covers upto $100K for an individual acct.
    Some analysts say that approximately 150 banks or investment firms are expected to fall within the next 15 months. There is a high chance for FDIC to go bankrupt. But if that doesn't happen currency value of the USD might sink.
    Save your savings now or never

    Greenspan one of the architects of this mess says, this is once in a century event.
    Greedy politicians are saying, this is because of the greed in wall street but not the people.
    I485 applicants say, show me the green (money)





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  • Openarms
    03-09 04:36 PM
    1) Massive campaigns won't do the job in fact they will do more harm then results particularly in this environments (learn from Hispanic community protests before CIR)

    2) Mr. Change alone don't have to do something about it? he can direct his DHS and CIS people to do their jobs.. just because economy of economy is bad that does not mean people stop eating food.

    3) We and institutions like IV needs to come up with agenda to lift this country quota ban (at least to eliminate this huge backlog)

    4) IV says they have agenda but nobody knows their laundry list agenda.

    5) We need to work for lifting this country quota ... this is the only way that things can become REASONABLE.





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  • alisa
    01-26 08:06 AM
    Because the alternative is to
    a) sit at home and
    b) bitch about retrogression.

    I am from ROW, and so I am not so severely affected by retrogression. However, I am still fed up of looking at visa bulletins every month, and running into people with stupid freaking smiles on their face, resigned to not doing anything and just bitching about how screwed up the whole thing is.

    There is a way things are done in this country. We owe it to ourselves to try that.

    And if we don't let people who can make a difference know what our problems are, then we should only blame ourselves.

    Like I had said earlier, the purpose of this thread is to come up with the best model possible with the limited data and resources available, that can predict the current dates for PD.

    I am pretty sure that a poster, in the form of a visa bulletin, dated 2020, showing that the priority dates of 2003 are finally current, in an indian grocery store, will get a lot more attention and funding for this forum, than anything else.


    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.



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  • newuser
    09-27 11:08 AM
    http://return2india.org/





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  • varshadas
    02-01 03:27 PM
    That's fine. As long as some of us are there, we should be fine. Right now we need to finalize the flyer.

    Thanks,
    Varsha



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  • minimalist
    10-20 11:47 AM
    Just like how you blindly think green card is the only thing that matters in this world. McCain lies, runs slimy sleazy adds that tell what kind of person he is. He doesn't have the depth of knowledge that Obama has nor does he have moral values. Time for you to wake up. Go Obama He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.





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  • Gate_jj
    05-07 09:56 PM
    My friend was on situation. He consulted lawyer. If already change of status is applied from October 1 you will be in H1. But if you go out of country and come back before October 1st with L1 visa, you are COS will not be valid. Youcan continue in L1. But only problem is you can not switch to H1 later without stamping.


    Can you please explain the above ....

    I am on L1 and wife on L2 with EAD , Now I applied for H1 for both of us with a New company. I would like continue with the L1 from the old company, in case only I get the H1 !!.

    None of the explaination says this explicitly , does any one know something more in detail ..

    Thanks for all the help
    -j



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  • svr_76
    06-10 12:45 PM
    I dont want to undermine the need of the hour to contribute to IV/other efforts however-

    From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.

    This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.

    EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.


    What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).





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  • intezar2005
    04-13 10:40 AM
    2004 140000 155330 -15330
    2005 140000 246877 -106877
    2006 140000 159081 -19081
    2007 140000 162176 -22176
    2008 140000 166511 -26511


    from 2004 to 2008 visas issued are greater than quota 140000, are they recaputring old visas?



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  • Jaime
    09-10 12:23 PM
    You pay your taxes, abide by the law, follow all rules - And yet you are discriminated against with per country caps and with most immigrant visas going to the unlimited family members joining former illegal aliens in the U.S.





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  • CADude
    02-20 06:32 PM
    If possible, please change it without any delay? EB3 is only able to cross past May 2001 for 3 times in last 3 years where EB2 are enjoying GC most of time. No point in playing wait game with EB3 India. Otherwise, you will wait for-ever. :)

    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?



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  • Rajeev
    12-19 10:47 AM
    Hi Varsha

    I will join the conference. My e-mail address is rajeevm100@hotmail.com





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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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  • file485
    12-22 09:40 AM
    lazycis..

    yes..the 485 was filed thru ex-employer based on future employment...

    so basically we submitted a future empl letter from ex-employer + the current employment letter with the current employer stating that I am working with the current employer with the same skills mentioned in the labor..

    the mess up was submitting the current empl.letter alongwith the G325a form which does not mention the current employer(which was prepared in June 07 before i found this job..)





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  • belmontboy
    01-16 03:38 PM
    Every profession has its own set of problems, like ours.

    In addition to issues at profession, we also carry the GC burden

    As buddha said "desire is root of all evil". In pursuit of wealth, fame, good life!, we forget to live our life.

    If you are looking for peaceful job in this current economic scenario, i don't think there is any.
    I sometimes wish childhood had lasted my entire life.



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  • abhijitp
    03-23 07:34 PM
    I am from bay area, CA and would like to travel to DC to participate in the advocacy effort! If there is a group traveling from here, I want to get in touch with you. Please let me know. Thanks!

    We can help you! Please check your PM





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  • Nil
    03-10 09:27 PM
    How abt showing the US govt - what is in it for them?
    If they recapture x number of visas and y % buys a house soon after, it is a win-win situation. They provide solid ground under the feet of LEGALs and the benefactors build on top of that ground.
    A key item will be to get a petition from a number of IVeans pledging to buy a house if they get a green card. If that number turns out high, this will be a good blil-board for our cause.





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  • immigrant2007
    03-12 10:29 AM
    Sorry to break your heart. People use a the words like "ass" and "dick" all the time, nobody really mind reading these words. Why would the same words in Hindi be so offensive ???
    Think about that.

    You called me Dick Head, would it be fair if I call you Lund Ka Topa. Its the same thing, just translated.

    Apologize if I offended someone else, I was trying to be funny.

    Haribhai
    Tranlsation of dickhead is not correct (there might be some interpretation on your part)





    grinch
    03-04 03:21 PM
    Yeah I've been working on my entry slowly, learning some new things I never knew.
    Almost done!





    a_paradkar
    07-25 05:00 PM
    Do you need an EVL if you are just sending in 485 application for your spouse.

    My 485 was filed in Sept 2005?

    Kind of confused. can someone answer that?



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