abc1125
05-17 09:37 PM
Presume you got your GC last year. I am in the same boat this year - PD is current and expecting an RFE. Did you have to submit anything more than the Employment verification letter?
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rkay
05-23 02:16 PM
That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
Thank You ! That was a good peek into your level of knowledge and understanding. No wonder you are always jealous of IT guys.
Thank You ! That was a good peek into your level of knowledge and understanding. No wonder you are always jealous of IT guys.
fcres
07-24 05:11 PM
Should the EVL be the same as the one for labor? Even if the salary has changed now?
2011 “My love, you know you are my
frostrated
07-13 08:37 AM
Do any of you think that the dates will move forward next month? Looking at the backlog numbers published by USCIS, I think they moved as far as they could to make use of all the available visas. I am thinking that the move next month might be only a few days or a month at the max. USCIS mentioned last month that we could expect the dates to be March/April 06 at the end of this fiscal year. Will this mean that EB2I will hold out at March / April 06 for the next fiscal year?
more...
singhsa3
03-04 12:41 PM
Already, spoken to couple of them. Anyways, the point is not that I get the mortgage, the point is that we get our GC or Admin fixes done.
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
shop around...talk to different lenders....there are many of them that understand that the ead is renewable. its up to u as a consumer how to make ur case.
sanjaymm
11-17 05:00 PM
I got a confirmation that my request for information has been put on a complex track.
more...
gautamagg
04-23 01:41 PM
Thanks for your very kind feedback everyone. Let me address a few things all of you raised:
1. Not once did I mention I represent Immigration Voice - in fact the man in the white shirt assumed I did and I categorically along with my 4 friends said I was not.
2. Talking about being elitist:
a). I am not sure what makes you believe that - if its the words like prestigious etc. Keep in mind my friends, these are politicians you are talking to. You got to use a language that resonates the flaws in their laws. And when a powerful statement like mentioning a school can be made, I would make it. In addition, its about telling a story with passion, they all know about the EB2/ EB3 issues, retrogression, inability to apply 485, spouses inability work. Our telling them those same issues again wont help especially to the one who wrote the new proposal. You have to tell him a story that shows that the US will be hurt as we have other options - if we show them an attitude that this is country is our only option, they will not do much but abuse our rights further. He should be told they would loose us. In fact the passive Indian attitude has to be killed. We need to have the "WTF" attitude and not believe the GC being the end of our lives.Let them know we carry the skilled edge and if you don't fix our situation then its only your loss. This is what the foundation was of our country's independence - don't forget that.
b). Don't tell me people did not have personal agendas to fight for. We legals are crying about illegals coming ahead of us. People in EB2 don't read about EB3. IV focuses on employment based issues - what about people on family based issues? What about people who have green cards but can't marry because of waiting periods. These are all issues and equally important from the eyes of the person suffering them. We all have our agendas.
i). The dude in the white shirt did not want IV guys to read what the Latinos had to say on their flyer. Was he not trying to promote IV's agenda at a predominantly illegal and Latinos focused gathering?
Some of us wanted English in a crowd that was primarily Hispanic. Was that not an agenda?
ii). How many of you would have been part of IV if you already had a green card - even though you faced so many hurdles. I bet none of you. You all care about your GCs - lets be honest. At least in my case I know nothing can happen for me to go to school this year and I am taking a chance in India. I know I wont get the benefit of it - but I am raising a concern for future people who could benefit.
iii). Talking about agendas - think with a cool mind - My story and that of the other 15 people's is actually a pretty powerful story to discuss in media - to go to newspapers to go to lawmakers - we are backed by the Stanfords and the Harvards. Our story is a perfect platform one could use to affect Immigration Reform. And I did reach out to IV about this a month ago - but since we were only 14 it is not on your agenda. Its all about numbers - and the rally proved it. The Senator talked only about illegals since that was his audience. IV folks were on the podium - what happened? Did one statement come about legals? No. Because we are not in the millions. Because we are chicken about loosing our jobs if we go on a country wide 1 day strike to prove how we can damage the economy if we don't work. We can't even get our employers to rally up for us where as the illegals have got their employers talk about them.
iv). How many of us realize that we are better off with an IT job that pays well when one compares to the 20K odd cash jobs the illegals support families of 4+ with? We all knew spouses cant work on H4 but we still got married - we all want to make more money with a better control on life and therefore we talk about reforms - trust me we all are better off than those illegals. But yet we have our own agenda and we are complaining.
3. Anyone who thinks I should get out of the portal - trust me you are not promoting free speech - the very essence of this country - I'll do what is right for me as long as I don't hurt anyone else...But don't get stressed if you did not get your chance...Its about survival of the fittest and when IV decided not to bring my case up, it was for me to bring it up. I believe in leading in the absence of a leader. I do not doubt IV's efforts but that rally was not your effective place. It was clearly addressed to the illegals and therefore I rose. I am in the same boat as all of you cant apply for stage 3, but then I took a stand, F*** the GC, I want to create my own destiny and not let a moron decide that I will stay a software engineer for the rest of my life...may of you want to go to school to get educated but are waiting for GC to happen - I was in that boat for ever too but enough is enough, I wont let my identity and my self respect be treated by the "Hijda visa" we all have to live off. I mean it DO NOT show a begging attitude for change in laws - be aggressive like the Latinas - you saw what happened at the rally. These lawmakers are looking for numbers to get votes - they don't care about you and me....they really don't....
4. Lastly, anyone who thinks I wanted free legal advice feel free to drop a note to me to see my lawyers fees in the last 3 weeks - also feel free to call Rajiv Khanna to see how many times I have spoken to him - the uniqueness of my situation caused him enough pain that he did a free conf-call 3 weeks ago and someone from IV was there too. Instead of being focused on the agenda of the call - he was trying to change focus to the agenda of getting his wife to work on H2 by moving to J1 and doing to school - these are all agendas my friends...
1. Not once did I mention I represent Immigration Voice - in fact the man in the white shirt assumed I did and I categorically along with my 4 friends said I was not.
2. Talking about being elitist:
a). I am not sure what makes you believe that - if its the words like prestigious etc. Keep in mind my friends, these are politicians you are talking to. You got to use a language that resonates the flaws in their laws. And when a powerful statement like mentioning a school can be made, I would make it. In addition, its about telling a story with passion, they all know about the EB2/ EB3 issues, retrogression, inability to apply 485, spouses inability work. Our telling them those same issues again wont help especially to the one who wrote the new proposal. You have to tell him a story that shows that the US will be hurt as we have other options - if we show them an attitude that this is country is our only option, they will not do much but abuse our rights further. He should be told they would loose us. In fact the passive Indian attitude has to be killed. We need to have the "WTF" attitude and not believe the GC being the end of our lives.Let them know we carry the skilled edge and if you don't fix our situation then its only your loss. This is what the foundation was of our country's independence - don't forget that.
b). Don't tell me people did not have personal agendas to fight for. We legals are crying about illegals coming ahead of us. People in EB2 don't read about EB3. IV focuses on employment based issues - what about people on family based issues? What about people who have green cards but can't marry because of waiting periods. These are all issues and equally important from the eyes of the person suffering them. We all have our agendas.
i). The dude in the white shirt did not want IV guys to read what the Latinos had to say on their flyer. Was he not trying to promote IV's agenda at a predominantly illegal and Latinos focused gathering?
Some of us wanted English in a crowd that was primarily Hispanic. Was that not an agenda?
ii). How many of you would have been part of IV if you already had a green card - even though you faced so many hurdles. I bet none of you. You all care about your GCs - lets be honest. At least in my case I know nothing can happen for me to go to school this year and I am taking a chance in India. I know I wont get the benefit of it - but I am raising a concern for future people who could benefit.
iii). Talking about agendas - think with a cool mind - My story and that of the other 15 people's is actually a pretty powerful story to discuss in media - to go to newspapers to go to lawmakers - we are backed by the Stanfords and the Harvards. Our story is a perfect platform one could use to affect Immigration Reform. And I did reach out to IV about this a month ago - but since we were only 14 it is not on your agenda. Its all about numbers - and the rally proved it. The Senator talked only about illegals since that was his audience. IV folks were on the podium - what happened? Did one statement come about legals? No. Because we are not in the millions. Because we are chicken about loosing our jobs if we go on a country wide 1 day strike to prove how we can damage the economy if we don't work. We can't even get our employers to rally up for us where as the illegals have got their employers talk about them.
iv). How many of us realize that we are better off with an IT job that pays well when one compares to the 20K odd cash jobs the illegals support families of 4+ with? We all knew spouses cant work on H4 but we still got married - we all want to make more money with a better control on life and therefore we talk about reforms - trust me we all are better off than those illegals. But yet we have our own agenda and we are complaining.
3. Anyone who thinks I should get out of the portal - trust me you are not promoting free speech - the very essence of this country - I'll do what is right for me as long as I don't hurt anyone else...But don't get stressed if you did not get your chance...Its about survival of the fittest and when IV decided not to bring my case up, it was for me to bring it up. I believe in leading in the absence of a leader. I do not doubt IV's efforts but that rally was not your effective place. It was clearly addressed to the illegals and therefore I rose. I am in the same boat as all of you cant apply for stage 3, but then I took a stand, F*** the GC, I want to create my own destiny and not let a moron decide that I will stay a software engineer for the rest of my life...may of you want to go to school to get educated but are waiting for GC to happen - I was in that boat for ever too but enough is enough, I wont let my identity and my self respect be treated by the "Hijda visa" we all have to live off. I mean it DO NOT show a begging attitude for change in laws - be aggressive like the Latinas - you saw what happened at the rally. These lawmakers are looking for numbers to get votes - they don't care about you and me....they really don't....
4. Lastly, anyone who thinks I wanted free legal advice feel free to drop a note to me to see my lawyers fees in the last 3 weeks - also feel free to call Rajiv Khanna to see how many times I have spoken to him - the uniqueness of my situation caused him enough pain that he did a free conf-call 3 weeks ago and someone from IV was there too. Instead of being focused on the agenda of the call - he was trying to change focus to the agenda of getting his wife to work on H2 by moving to J1 and doing to school - these are all agendas my friends...
2010 i love you est friend poems.
abhijitp
07-25 05:14 PM
This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.
more...
whiteStallion
09-10 04:27 PM
i guess they were very happy that they discussed the horse issue and they decided to take a well deserved break...as for 5882 who cares, as one poster mentioned, the horses are US citizens and they support the economy by eating grass. Republicans are happy because legal horses will be eating legal grass as opposed to illegals cutting and shipping grass to the horses. Democrats will be happy because the horses are well looked after.
Nice humour!
Nice humour!
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perm2gc
01-18 03:33 PM
Content, content updated. Please verify and let me know.
Thank You
Thank You
more...
surabhi
07-28 12:56 PM
The corporates know what they are doing. They want to create controversy and rake in sales.
I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.
I guess the marketing honchos at this company couldnt care less
For those who hasnt seen the image, I tried attaching here. Not sure if it'd come thru.
http://www.sepiamutiny.com/sepia/archives/lost-ipa.jpg
I consider myself liberal as in live and let live. This depiction pushes envelope big time. Along with rights comes the responsibilites.
I guess the marketing honchos at this company couldnt care less
For those who hasnt seen the image, I tried attaching here. Not sure if it'd come thru.
http://www.sepiamutiny.com/sepia/archives/lost-ipa.jpg
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Indirant
02-20 09:12 PM
Hi Guys when are you meeting in Durga temple Let me know I can come with some of my friends
Sekar
Sekar
more...
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mgmanoj
06-10 07:49 PM
Done - sent to Alabama senators
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GreenLantern
02-15 08:01 AM
Give me a preview grinch. I would like to see how somebody else is going about this.
more...
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nb_des
03-17 01:20 PM
As i said, eb3 to eb2 porting is not easy....Unless, there is very strong case, like applicant having US Masters degree but employer filed in EB3 for reasons they only know....
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
Read this story...
http://immigrationvoice.org/forum/showthread.php?t=13810
My PD is Dec 2004 EB2, and personally I was also under the impression that EB2 would move fast but based on data in and some of the polls in IV I believe there are still large number of EB2 pending approval.
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larun
06-12 08:36 AM
Done
more...
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ncrtpMay2004
09-09 02:13 PM
You know it takes serious $$$ to get anything moving.
Please consider $50/month level.
Please consider $50/month level.
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justAnotherFile
07-24 01:23 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
This must lie within the discretion of the USCIS but will need some lobbying because of no precedent of invoking it.
This is similar to the H1-B issue, previously apllication were accepted only on Oct 1, if the current year visas ran out. The USCIS made a policy change to accept applications for the next year starting April 1 in order to alleviate some problems regarding status etc.
Those of who who are inetersted in pursuing this furhter should write a 2-3 line question to USCIS in the below link. If there are enough questions on the same issue we may elicit a response.
http://www.whitehouse.gov/ask
we can plan further action later.
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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.
alex99
04-09 08:16 AM
Please Participate in this...
nojoke
09-19 04:55 PM
Never insisted you stop posting, was only hoping that you will post some sensible stuff
It’s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.
I am sticking to your advice, I am not reading that boring news.
You undertood what a forum is.
And again I don't need your certificate of approval.
It’s my mistake, I always thought that Mr NoJoke will post something nice but you disappoint me all the time. Henceforth I will stick to your advice.
I am sticking to your advice, I am not reading that boring news.
You undertood what a forum is.
And again I don't need your certificate of approval.