Tuesday, June 21, 2011

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  • sandiboy
    07-18 08:33 AM
    Mine reached on Jul 2nd @ 7:55AM. I was also current per June bulletin but it was filed in July. No Receipt yet.





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  • akhilmahajan
    09-26 12:18 PM
    Can you put URL for updated article?

    http://money.cnn.com/2007/09/25/smbusiness/h1b_cap.fsb/index.htm?postversion=2007092606





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  • imh1b
    03-16 02:47 PM
    There is no wastage. Just because people are not getting green cards does not mean wastage. Show me where in the bulletin or official document you can see wastage.





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  • meera_godse
    01-31 02:15 PM
    1. Is travel advisable or even permitted during such a transition ?

    2. If one travels to india after getting an H1 & decides to return way before October (say around june), is he permitted to enter so early before the job cycle starts in oct ? coz this rule applies to F1 people. or will he be allowed to enter just before oct, say in sept or so ?

    3. what if one travels when H1 has been filed but not yet received.



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  • thepaew
    05-26 04:51 PM
    We were traveling the Montr�al on Friday and saw this too. The Border Patrol had set up a roadblock on I-93 S and were stopping everyone.

    While on the way back from White Mountains in NH, our car was stopped on I-93 south by the US border patrol. They were stopping every single vehicle to question. They had over a dozen Govt vehicles with 40-50 people in uniform. My buddy was driving.
    Officer : Sir what is your status in the US ?
    Buddy: I am on L1 visa
    I: H1B
    buddy's wife: L2
    my wife: H4
    officer: is anyone US citizen ?
    I: my son is (he was sitting in the car seat)

    Officer: (to my buddy) Is your visa still valid ?
    Buddy: yes
    officer: do you have documents to prove your status?
    buddy: i have some papers in my bag which in the the trunk
    officer: can you show me?
    (buddy got out showed him tax papers and answered some questions)
    officer: did they not tell you you are supposed to carry your papers while travelling?
    buddy: I came over a year ago so i don't remember
    officer: I am letting you go, but i could have fined you $2000; $500 for each pasenger with no papers.

    I was so pissed off by this experience, clearly they are doing this to harrase immigrants. theoratically even if I am going for a walk i am supposed to carry immigration papers because a border patrol officer, in theory, could asks me for my papers ?

    http://www.foxnews.com/projects/pdf/immigration_Border_flyer.pdf

    I have decided that if anyone ask me such a stupid question again inside the US and i am just going to remain silent even if that means they detain me for some time.





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  • kumarc123
    03-12 11:48 AM
    I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.


    Dude you have only 27 posts

    You have no information listed

    For all the reasons, you could be bull shitter over here,


    before pointing fingers take a look in the mirror.


    This guys a classic



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  • mirage
    02-03 10:38 AM
    I spoke to Congresswoman Zoe Logfren's staff few days, back and they specifically pointed out on the country quota issue. I'm sure lot of lawmakers are aware about this issue, I wan to give it a try, guys who think it is an unfair system, please PM me, this is my own initiative so no there is no arguement on whether IV supports this or not...





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  • prinive
    04-07 05:09 PM
    Thanks.

    It is NSC.

    First of all Congrats!!

    BTW,what is your 485 RD and processing center??



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  • ajay
    07-01 04:59 PM
    I completely support this idea.





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  • insbaby
    07-18 05:02 AM
    USCIS did not say that they will return the application and they should be refilled.

    With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.

    Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.

    It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.

    My lawer says:
    Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.



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  • chanduv23
    05-26 04:40 PM
    There is a rule that you are suppossed to carry your passport all the times if you are on a visa.

    Border patrol has the right to ask you for documents.

    Fines are like $100 or so - not quite sure.

    I was once driving on Adirondocks and was stopped by the border patrol. I showed my dirver's license but they wanted to see the visa. We waited there for sometime as they validated us on their computer and then let us go - they were friendly and suggested that it is always good to carry documents.





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  • needhelp!
    11-25 06:25 PM
    I got the same reply. Its standard when they send you your case number.

    Here's my case Number: NRC2008065126



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  • ganguteli
    01-25 01:02 PM
    Another good idea is to post about action items on sites like Trackiz. I did a search and did not find any posting of IV on that site in last 6 months. So either nobody posted or postings are deleted. We need to keep posting on all such sites because not everyone visits IV.

    We neeed to spread the word.





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  • ramaonline
    08-21 12:54 PM
    The I485 Supplement A is for 245 i which means you had to be present in the US in the year 2000. Since you never entered the US until 2003 it does not look like this form is required in your case. Please call the USCIS customer service number to confirm this.



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  • zuhail
    03-29 07:29 PM
    Hi,
    It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
    I wrote to the IV team about 3 weeks ago and no response so far.

    So if you are interested to personally take part in this effort,
    please write to me at fermion_boson@ymail.com and we can do something about it.
    I guess everybody have to start somewhere.

    Thanks.





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  • Refugee_New
    07-30 11:19 AM
    LOL.

    The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.

    Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.

    You are true. Every religion preaches their followers to give atmost respect to people of other faith. Being a weak humanbeing we always tend to forget these simple rules.



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  • sabudanawada
    03-20 09:34 AM
    Tens of thousands? :eek:you kidding me? where did you get that number from? Please explain your logic/source or refrain from making unwarranted assumptions.

    If they have made the priority date to 2003 now, what that should tell us is that they suspect only a few thousand applications pending before that deadline.

    NO, no way.

    There are tens of thousands of EB2 India applicants from 2000 to 2002. Add labor substituters, EB2 converters, and you'll be lucky to see EB-2 India at even Dec 2002. Most likely within a few weeks of Apr, all EB-2 India visas will get used up. Keep in mind the new EB-2 numbers are from EB-1 India flowover. So it's going to last even less time than Oct-Nov last year.





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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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  • masouds
    02-15 04:24 PM
    Are you sure this is the reason why they have per country limits :confused:
    Or you dont want that way :D

    Well, I do have a vested interest in maintaining status quo, at least with regard to the per country caps. :)
    But, working in one of the Valley companies, I see a lot of people from India and China who just don't mix with rest of the people, say, from Poland or Germany or France or Iran. US (the whole government, including USCIS) likes the idea of 'Melting pot' when it comes to immigration. When you melt a lot of metals with each other, you don't end up with a fragmented alloy, since you've capped the amount of each metal in your pot. That is how you get 'Little Italy's and 'China Town's and the latest one in San Jose, CA: 'Saigon Business district'





    alex99
    10-31 07:46 AM
    Bump





    swo
    08-16 01:38 AM
    I am wondering what part RD will paly in this new visa bulletin. In may case, I have PD of April 2002 (EB3-ROW) but RD of March 2007.

    I guess they will still go by RD and I have to wait for 5-6 months. Please correct me If I am wrong?

    You are in GREAT shape. You are current as of September. As long as there is no retrogression you should be good as soon as your security checks are cleared.

    A 6 months wait is not unreasonable. I'd be happy with that if I was you!



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