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  • immigrant2007
    09-10 02:06 PM
    They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.

    If they are giving this reason of not being able to sort 140s then they are really stupid or lying





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  • nomi
    12-13 11:03 AM
    I know , More than 50% of IV members who can not file I 485 due to retrogression will be happy to pay this nominal amount of $10 to fax letter to USCIS for rule change
    but What is the stand of Core group on this?
    No update from any one!!

    Please Core Team ,

    Help us in this option and show us right way. We will generate $60,000 for IV and if nothing happen but we will make Headline in Media which will help us in future efforts in US Senate.

    Please throw some light in this regard.

    thx.

    nomi





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  • sprash
    02-02 02:46 PM
    Hmm I'm still not sure I follow.

    (Sorry if this a newbie question)

    So if I was laid off and I was working on an EAD, all I need is a letter from any company saying they are hiring me 6 months from now for a salary comparable to that in my LC (with similar job responsibilities etc) and I would be covered in case of an RFE similar to mine?

    Wouldn't that be so easy to get?





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  • go_gc_way
    01-18 02:05 PM
    Hi Go_Gc_Way

    Can you please modify the AD content.

    Immigration voice is a non-profit 501 (c) (4) (pending) organization. All of Immigration Voice�s financial transactions will be audited by a CPA, submitted to the IRS.(please remove pending,we are approved)

    Members from 6000 to 8000.

    Content, content updated. Please verify and let me know.



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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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  • Znan
    07-12 11:51 AM
    Guru, please help, my 140 is approved with my original employer who got acquired by a big fish. The Big Fish filed for a new 140 (they called it amendment I guess) and that is still pending. My priority date is Sep'05 EB2. Would I qualify to be lucky in the lottery game with this movement? Please help.



    http://www.immigration-law.com/



    Even though the USCIS will accelerate processing of some of these cases, these I-485 waiters and their family members may want to take care of following three relief within this month: .



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  • desi3933
    02-09 03:14 PM
    And reply you will never get.

    141,020 visa numbers used in FY2009
    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV.pdf

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.



    __________________
    Not a legal advice.





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  • abhijitp
    07-24 07:59 PM
    Folks,
    Although i did not miss the EVL i sent an incomplete G325A form without the foreign address and the foreign occupation.

    I already have an approved I-140. Can i send a updated G325A based on my A#? or should i wait for a RN and then send it.

    My worry is what if i don't even get a RN and get a reject?

    It seems there are quite a few folks here (including me) whose I-485 application missed out on some evidence or document. So far, no conclusive answer on what should be done. It may be worthwhile calling someone like Rajiv Khanna about this situation:rolleyes:



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  • Raghunadh Polavarapu
    08-10 02:36 PM
    EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:





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  • gkdgopi
    07-13 09:27 PM
    Whoever supports our cause are our friends irrespective of their motives, we need as much support as we can get now. my 2 cents.



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  • willgetgc2005
    04-20 03:37 PM
    Hello,

    I can call right now. Please send me a PM

    __________________________________________________



    QUOTE=Administrator2]------------------------------------------------
    URGENT
    ------------------------------------------------

    We need 4-5 volunteers to make phone calls to IV members in CA. The purpose of the call is to inform and invite IV members in CA about this event so that we all could be well represented at this event. Please post a message or send a private message if you would like to voluneer for this effort. We will provide you with all the information required to make the phone calls to IV members. This task involves volunteering 30-45 minutes of your time. Please help this cause to help us all.

    Thanks,[/QUOTE]





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  • sukhwinderd
    02-17 09:49 PM
    here is a report which says there are more than 300,000 GC visa numbers were unused.
    go to page 35 or search pdf for recapture to see chart.
    from the report
    This dialogue is critical considering that when USCIS
    and DOS fail to accurately estimate cut-off dates, visas go
    unused or are shifted to other family or employment-based
    categories. Congress passed legislation permitting the
    recapture of some unused visa numbers from previous
    years.119 Figure 19 presents data on visa numbers �lost�
    between 1992 and 2009 for both employment and family
    preference categories.



    http://www.dhs.gov/xlibrary/assets/cisomb_2010_annual_report_to_congress.pdf

    recapturing visas is the easiest way to clear backlog. it has happened before and can happen again, if all of us try.



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  • mallu
    04-24 09:34 PM
    Hi

    After long haul of almost 5 years , today I got the approval email for my 485 filed in June - 2007.I guess my wife's case should be approved soon.Last when spoke to TCS IO , I was told that biometrics is needed in my case but still they can approve & later send me the notice. I guess only after that I might get the physical card.

    Had anyone experienced this scenario ?
    Anyways I want to thank everyone on this forum,immigration portals, folks & every other support that I have got in this long process.

    I will always be there for everyone on this forum or in any other way I can help to every legal immigrant who is waiting for the Green Card.

    Thanks a lot

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    I131,I765 approved for both -Nov 2007
    I485 approval mail - 04/24/08 - Myself
    Waiting for spouse approval, physical Cards

    Congrats ! Good to know that TSC is picking up India EB2 cases for approval ( whatever be the random order they have ).





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  • JunRN
    08-19 04:03 AM
    To understand the Visa bulletin, one must first understand that it is not the USCIS that computes or post VB, it is the DOS. DOS also considers those undergoing consular processing. In this case, the dates are in favor of those doing CP as we all know that most of those who are qualified to apply for AOS have already applied.

    Retrogression is a CP-friendly event.



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  • Macaca
    09-19 08:16 AM
    Lawmakers will decide to bring up the issue and vote on the bill. Attend all Lawmaker meetings.

    In this meeting, the staffer will give you his/her business card. Follow up with the staffer after the meeting, specially when the bill is coming up for vote.





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  • natrajs
    06-06 03:42 PM
    After long wait of 4.7 years ( i know it may not sound too long as some of the others), I finally got the card production ordered email yesterday. I was mostly a silent reader on IV but have contributed to IV few times since I started visiting since last year. I wish good luck for everybody waiting out there.

    Congrats and Best Wishes



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  • Ramba
    07-04 08:13 PM
    Source:

    http://www.dhs.gov/xabout/structure/editorial_0482.shtm

    others: various law firm sites, including

    www.ilw.com
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/41399c23bb40f2ff8525730c007f830a?OpenDocument

    ------------------------------------------------------------------------

    Estimated new 485 filings. : 700K is conservative. May be wrong too.

    LC s certified from BEC: about 200K (from 2001 to 2005 filings)
    PERM Certifed labor: About 200K (from Mar 2005 to June 2007)

    Total LC: 400K. Let us assume 100K already appliled. Lets say 300K is affected by retrogression.

    The dependents for 300k will be 450K (1.5 times primary)

    So total AOS applicants will be 750K just based on LC. Excluding EB1.

    -----------------------------------------------------------------------





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  • gcisadawg
    01-16 06:58 PM
    See buddy, there are some people who will cry whatever scenario they are in, and some people who will laugh and be happy in whatever scenario they are in. The key to optimism and happy life is to find someone who has it worse, and realize how fortunate you are. At least you are not having to live in the slums of India. At least you are not having your daughter breathe the polluted air of an Indian metro. At least you have a healthy family and no medical emergencies to worry about. Enjoy what you have got, not crib about what you've got.

    Well said. One of my aunt used to say "be happy that you have a leg and do not worry about not having a shoe" Anything can be trivial if you put that into perspective! Just like how worrying about GC became trivial when the frame of reference was the incident narrated by Slumdog!





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  • immigrant2007
    09-10 10:20 AM
    EB2 I/C won't be current in the next 4-5 Years, the EB2 I/C demand till date (Today�s Date) is in the 100K - 120K Range. The EB2I/C demand till Jul/Aug 2007 is easily in the 40-45K Range so it will require a very over optimistic scenario to clear by Sep 2011. EB3 ROW will reach end of 2006 by FY 2011. So there is a very long way to go. All the movement is under many assumptions most important being the economy and unemployment, anytime this changes all spillover will collapse and there will really be no difference between EB2 I/C and EB3 I/C.

    One of the main things that could help us to make a correct guess is number of approved and pending I-140s per country per year of priority.
    USCIs shouldn't say they don't have this data and we shouldn't say we never requested this





    lord_labaku
    07-11 12:50 PM
    I dont think USCIS intends to take out the visa numbers for them.

    DOS (who publishes the visa bulletin) wants USCIS to take out the numbers....but USCIS sits all day scratching their bottoms & not approving any cases with current priority dates.

    P.S : Pardon my crassness; but people waiting in line would definitely understand frustration.





    kramesh_babu
    07-27 08:44 PM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!


    Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)



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