Thursday, 8 December 2011

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pappu
01-16 10:17 AM
All pls update your profile information wth your full details so that IV may contact you whenever needed. We had several hundred bounced emails today when we sent out our first round of newsletter for this drive.





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nixstor
07-04 08:56 PM
Excellent analysis but it does have flaws


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.


We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



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.

I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


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.

Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


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.

I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

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.

We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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actaccord
02-23 03:01 PM
to spread the words to all IV members ? Please send the same message you have posted in local chapters to all IV members. We will get additional hands and minds to make this event successful.


Poster to spread the word.. (http://pennyappware.com/myposter.pdf)





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amitga
02-08 03:26 PM
What a waste of numbers.



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kartikiran
08-21 09:48 AM
welcome to the world of dealing with USCIS

I am outraged that after not hearing ONE thing from them in over 2 years, that all of a sudden I am supposed to come up with all this stuff, hand over money I don't have and still not be assured my green card.
.
.
.
I am really ticked with USCIS and their utter lack of correspondence and then expecting me to bleed money from a stone for them. They are not in any hurry to process my application so why do I need to be? I've been here this long, what's another few years?
Has anyone else dealt with this or can you direct me to someone who knows what needs to be done and how?





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hsm2007
10-05 01:29 PM
Hi Guys,

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

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



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WeldonSprings
10-17 11:58 AM
USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.

This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.

USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.

However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.

This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.

EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.


Please refer to immigration-law.com for full message, but here is the part of it:

The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.





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eb3_nepa
02-13 01:01 PM
Logicliffe i agree with you.

I think the Aim of IV should be to make the ENTIRE process of the GC quick and painless and abt 2.5 to 3 years start to finish.

Guys we have to fight the root cause and not the individual symptoms. United we stand. The problem is Backlogs at various stages. We should strive for removing the root cause of backlogs. A united voice which says, "Give us our Green Cards in abt 3 years". If we fight for each individual thing, we will be like many small streams each figthing for it's own little cause. So far we have seen the following SUB issues:

1) Spouses not being able to work
2) Children aging out
3) FBI/Name check clearance.

Now if we each start fighting for the specific cause, the movement will be scattered. Instead what we are trying to do is focuss on eliminating ALL problems.

Guys i ask everyone on here to step forward and Signup for the Rally we are trying to hold In DC. We need stronger numbers on that rally if we are to be successful.



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ajthakur
07-14 07:18 PM
Why does the attorney have to be very competent if its a simple AC 21 case? I know people have applied for AC21 on their own. Will an attorney do something different? He will also send the same set of dcouments that I will? Pleaes help me here. I am not sure whether I should spend thousands of dollars on an attorney for something I could have done myself.

ajthakur,
Bottomline you need a competent attorney for answering this RFE and invoking AC-21.





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pappu
04-05 11:52 AM
One more day to go before the end of this campaign.

Here is another incentive to make these call:

I will donate $ 5 to IV, for each member that makes these call from now on till end of the day tomorrow. I know, your hourly billing rates are way higher :) but this is what I can do for now.

I already called all the people on the list, it was easy. Office staff members were patient and friendly. Show me what you got!

http://immigrationvoice.org/forum/showthread.php?p=56064#post56064



Please join this campaign



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njboy
09-26 11:49 AM
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...

http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments

I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.





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anilsal
12-13 12:04 PM
As far as I know Pappu is in IN attending a conference which ends tonight. So he may have limited connectivity. I do not know about the other core members (I am not one)

An action to contact USCIS/DeptOfState to explore options to file 485 during retrogression, certainly does hold merit. I am sure you can say that you represent IV.



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prioritydate
12-20 04:30 PM
Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?

I am not sure about that. So, are you saying that they don't care what my status was before applying my GC?





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vin
06-13 11:21 AM
thought that the video was quite funny. Now for some one to think that it is true is even more funny

LOL true. I think the clip must've been made for comedy central.



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grinch
02-15 07:39 PM
Well if you don't know how to start off, the first thing I do for every project, is create basic geometry, so I can get a basic idea of the scale. Then I start working off of it.
Here's part of my basic geometry.

http://img.photobucket.com/albums/v403/grinchvader/ex.jpg

"Start off simple, understand what your creating, dont rush things" thats what I was told by pro 3d'ers





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pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.



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roseball
07-09 04:57 PM
Quote:

The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said.

/End Quote

This statement from Mr. Aytes can be used to prove the conspiracy against July filers. If they knew that the security check process would have been completed shortly, then why in the world would they have to approve them before July....They had all the time till end of the fiscal year (Sept 30th) to approve such cases once the security checks were complete and still not allow wastage of immigrant visas for the current fiscal year. They only approved it for one of the following two reasons:

-- They didnt want all of us to file under the old fee system. That would cause USCIS a loss of $225-300 million (based on guestimates from www.immigration-law.com)

-- They were not ready to accept the work load of 300-400k I-485 applications which could have led to huge backlogs for years to come because the current political situation will in no way increase the number of immigrant visas for legal immigrants. All they care for is illegal immigrants.....





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abcdefgh
01-16 11:21 AM
Date of sign up: Jan. 16, 2007
Subscription Name: Secure $20 Per Month Recurring Contribution
Subscription Number: S-92E2356024336193V

Can you confirm?





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pitha
06-30 09:30 PM
my attorney says even if you send it today to be delivered on Monday July 2 USCIS might also reject cases delivered on july 2, if visa bulleten is revised on july 2. does anybody have any idea what USCIS did for others workers category, did they reject cases filed after June 5 or reject from June 5 itself (I believe June 5 was the date when DOS said they retrogressed)



My company has just told all employees that became current and were planning on filing in July that the historical revision is VERY likely to happen on Monday or Tuesday. If you have the I-485 documents in your hand SEND THEM NOW!
If not (my case, my lawyer is still getting them ready), hold tight and see what happens. I swear that if USCIS screws me (and thousands more) next week I will join a class-action lawsuit against USCIS. This is outrageous, I couldn't believe the news when I heard it. I just hope it's wrong but even Murphy's site says it's 95-98% likely.
Our stress, frustration, wasted time and money will cost them dearly if they attempt this travesty.





SunnySurya
07-28 11:55 AM
This is going to be my last post because I think you are just trying to incite anger. You don't even know what you are talking about. I will recommend admins to note the IP address as they may need to give it to the authorities.

Can you state your source "It is second highest next to Iraq"

Your are forgetting the places like Dafur, Somalia etc..

Have you read that casualties in India is next to Iraq? more than 3000 people died in India due to this. It is second highest next to Iraq.





webm
03-17 04:03 PM
"Eb3 India PD of May 2001"---optimystic

You should have got GC by now right??



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