nixstor
10-15 11:53 PM
ok what receipt # are you guys talking about? i think iam little confused..
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
ok if I send the letter with my name and notarize it would it suffice? plkease advise? waht is that receipt # that u guysa re talking about
Yes, just notarize and send by mail or fax. The receipt number is for tracking your FOIA request and NOT for your immigration related cases.
From USCIS FOIA home page
Making a FOIA or PA request:
1. To Request USCIS Records: Unless otherwise noted below, mail or fax all requests for USCIS records, including alien files and procurement information, to the National Records Center at the address listed above. Please note: ALL FOIA REQUESTS MUST BE SUBMITTED IN WRITING. Form G-639 (available from this website under Immigration Forms) may be used for this purpose, but is not required. Please see “How to make a FOIA or PA request” for detailed information necessary to process your request. Unfortunately, we are unable to accept FOIA or PA requests by e-mail at this time.
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lotsofspace
02-21 03:33 PM
When was the last time DOS moved the dates based on calculations and pending applications ??
I know this gives a lot of 2003/2004 EB2 India folks a ray of hope. Hang on to it :)
Of course since there is nothing better to do, we can crunch the numbers and make predictions about when the dates move to what etc. :):) Nothing wrong with it. Gives us some fodder to munch on.
The folks in the line for a while know, how better these predictions have been in the past.
Keep your numbers coming :D
I know this gives a lot of 2003/2004 EB2 India folks a ray of hope. Hang on to it :)
Of course since there is nothing better to do, we can crunch the numbers and make predictions about when the dates move to what etc. :):) Nothing wrong with it. Gives us some fodder to munch on.
The folks in the line for a while know, how better these predictions have been in the past.
Keep your numbers coming :D
ghost
08-11 11:46 AM
You put it out well from your side.
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?
BTW, are you really 2007 EB3 I? Do you have a guesstimate on when you would get GC?:rolleyes:
Folks,
In our legal immigrant community, we have the following Groups (G) of people:
G1) Handful of leaders - folks who clearly understand that only legislative fixes and administrative fixes can provide realistic help
G2) Dozens of volunteers - who are willing to take that extra step and contribute time and effort for the sake of others
G3) Hundreds of donors, both regular or one-time - who trust IV leadership and commit to the cause without any qualms whatsoever
G4) Thousands of members - who try to understand the issues we are facing but do not have a realistic assessment of how bad things are
G5) Many more - who either are not bothered by this wait or who simply gave up on this process and became dormant of some sorts of their career
While the predictions thread provided some clarity and entertainment for EB2 folks, this September 2010 bulletin is a blessing in disguise for all of us.
Current state of our Members (M):
M1) We have recently greened EB2 folks (2005-2006 EB2 folks), who have a fresh memory of the painful wait
M2) We have folks who relied on predictions (May 2006 - Jul 2007 EB2 folks), who must be frustrated and disappointed with today's bulletin
M3) We have folks who were looking forward to Jul-Sep 2011 (Aug 2007 - Dec 2008 EB2 folks), who now realize that their wait is even longer than assumed
M4) We have EB-3 folks waiting forever and feeling that they are being neglected in IV advocacy efforts
Folks who are in M2/M3/M4 state above should take some time and contemplate the options they have between now and Sep 2011.
I can see three Options (O):
O1) "Wait and Watch" option:
This applies to folks who are either close to the PD being current or folks who are on EADs or folks who are happy with their current career state
O2) "You are on your own" option:
EB-3 folks - can try find a job where the employer is ready to start their EB-2 GC process within the next 6 months (make sure your current GC application has an approved 140)
EB-2 folks - can try find a job where the employer is ready to start their EB-1 GC process
O3) "We are in this together" option
All EB-2 and EB-3 folks sign up for a concerted effort where IV leadership is in the driver's seat.
Each one of us should be able to relate to one combination of Group/Member/Option (GMOs) from the above list. Personally I'm G3M3O3, what are you?
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nogc_noproblem
04-23 08:01 PM
Congratulations Googler.
Thanks for all your informative inputs.
Thanks for all your informative inputs.
more...
h1techSlave
06-12 09:55 PM
Any meaningful change in the current immigration policies are very unlikely.
This is what I have read in "The Week".
"Republican donon revolt: The Republican National Committee has suffered a 40 percent falloff in small-donor contributions, largely because of anger over President Bush's immigration reform push, The Washington Times reported last week. The donor backlash prompted the committee to fire all 65 of its telephone solicitors, RNC sources said. The GOP base is up in arms over Bush's plan to create a method for nearly 12 million illegal immigrants to gain legal status - a process critics consider amnesty. An RNS spokesperson said the firings were due to problems with the phone bank equipment and not from any drop-off in donations."
Cheers,
h1techSlave
This is what I have read in "The Week".
"Republican donon revolt: The Republican National Committee has suffered a 40 percent falloff in small-donor contributions, largely because of anger over President Bush's immigration reform push, The Washington Times reported last week. The donor backlash prompted the committee to fire all 65 of its telephone solicitors, RNC sources said. The GOP base is up in arms over Bush's plan to create a method for nearly 12 million illegal immigrants to gain legal status - a process critics consider amnesty. An RNS spokesperson said the firings were due to problems with the phone bank equipment and not from any drop-off in donations."
Cheers,
h1techSlave
desi3933
01-30 02:43 PM
I agree with the point above, but does this even apply to CrazyGhoda/OP? Because, he already has I485/AOS pending, which is a legal presence in the US in itself. Hence, I don't see him accruing any "out of status/illegal presence" days. He "MIGHT" have to show a future/current employer who is sponsoring his GC, depending on what his RFE asks for.
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
Please comment.
You didn't get it. One could have filed I-485 and still accruing out-of-status days. Hint - Employment history and salary details since last admission.
Please note that I am not implying that CrazyGhoda is accumulating out-of-status, I don't have all the details for his case.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
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Pineapple
06-13 04:15 PM
I apologize for being rude earlier to Senthil. That was perhaps out of line.
What annoys me is the misconception many have regarding hiring a non-American, and what annoys me further is the fact that many H1Bs fall for the same facile arguments made by you-know-who.
Fact is, if we define displacement as "not hiring", then ANY hiring is, by definition, a displacement of one who is not hired.
For example: Say Jane is hired for X dollars per year, because John, who is equally qualified is not interested in working at that salary. Can John claim he was displaced by someone willing to work at a lower salary? Of course he can. But here is the deal: No matter how high you peg $ X (Say 120K), or how unique Jane is (Say Jane is the only person the company could find). Now keep increasing X, and at some point a John will walk in through the door since the money is good.
Bottom line? You may think you are not displacing anyone, but you ARE unless you are the only person on the planet who can do that job. For every Jane, one can find a disgruntled John. It makes not one jot of difference if you are American or Ethiopian. The Jane/John example I gave stands regardless.
What annoys me is the misconception many have regarding hiring a non-American, and what annoys me further is the fact that many H1Bs fall for the same facile arguments made by you-know-who.
Fact is, if we define displacement as "not hiring", then ANY hiring is, by definition, a displacement of one who is not hired.
For example: Say Jane is hired for X dollars per year, because John, who is equally qualified is not interested in working at that salary. Can John claim he was displaced by someone willing to work at a lower salary? Of course he can. But here is the deal: No matter how high you peg $ X (Say 120K), or how unique Jane is (Say Jane is the only person the company could find). Now keep increasing X, and at some point a John will walk in through the door since the money is good.
Bottom line? You may think you are not displacing anyone, but you ARE unless you are the only person on the planet who can do that job. For every Jane, one can find a disgruntled John. It makes not one jot of difference if you are American or Ethiopian. The Jane/John example I gave stands regardless.
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abd
09-21 04:01 PM
How many days it took you to receive physical RFE after Online status update?
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
Thanks
I got RFE status change on September 2nd and my attorney recieved it on 7th Tuesday. It was long weekend.
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chanduv23
11-14 10:13 AM
Totally agree, very nicely put. They will hear - listen if we present ideas that are pertinent to the existing situation. Nothing more pertinent than the housing mess. No one cares about old jaded ideas like "high talent" etc.
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
Can people in California approach Zoe Lofergens office with the idea?
On my part I will start sending letters and emails to the law makers.
Some one in the core has to take the lead and give some direction to this effort......
Do not regret if six months from now the housing crisis has cooled a little, no one will listen to us then. We would have wasted another chance. Do not take it for granted that now Obama is in office, he will do smoething about our problems.
Why do u limit urself to just sending letters. Whhy can't you approach Zoe's office, why can't you take the lead?
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kshitijnt
01-31 05:35 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
In case of a dependant 485 there is no requirement to be paid on EAD.
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
In case of a dependant 485 there is no requirement to be paid on EAD.
more...
singhsa3
03-03 12:40 PM
MSG TO THE NEWS MEDIA
Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Green card process overview:
Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.
Most of us are in stage 3.
We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.
Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506
.
MSG TO THE POLL PARTICIPANTS
Objective of this poll:
a) To assess if the idea has any strength
b) Invite media attention to the issue
c) Develop a task force to float this idea around.
Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.
Please note that this site is visited by approximately 400-500 regular visitors daily. Though the sample size is here small but the idea is compelling and the potential is very real
Some of the statistics can be found at http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
Green card process overview:
Stage 1: Labor Certification (or the PERM process) => Government scrutinize that qualified citizens are not available to perfom the "highly skilled" job.
Stage 2: I-140 stage=> Government scrutnize that the person for which immigrant visa is sought is elligible and the company has ability to pay his salary
Stage 3 : I-485 or Adjustment of status : Now the immigrant waits for the visa number to be available and adjust his status to that of a permanent resident.
Most of us are in stage 3.
We are stuck in stage 3 waiting because of very small immigration quota's that were set decades ago which are completely out of line with real supply-demand for the size of todays high-tech workforce. In addition USCIS inefficiency has resulted in them not utilizing even this tiny quota fully, in the past few years.
Getting a mortgage is a lot easier if our immigration status is permanent. In this final stage of immigration most of us have work authorization that needs to be renewed every year, and mortgage/Finance companies dont accept that.
Futher reading on our proposal to the government: http://immigrationvoice.org/forum/showthread.php?t=16506
.
MSG TO THE POLL PARTICIPANTS
Objective of this poll:
a) To assess if the idea has any strength
b) Invite media attention to the issue
c) Develop a task force to float this idea around.
Folks, even if 10% of us ended up buying a house, that is 100,000 more buyers in the market.
Some of us had their mortgage application rejected on the grounds that EAD is valid for only one year, even though their credit history, down payment, income stability are upto the mark.
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Ramba
07-04 07:25 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.
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.
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Hermione
09-26 06:01 PM
And I see your point, but what do you know about the visa rules of your country? Let's say, I want to work in your country - what visa do I need - is there a CAP or quota system - validity, my rights etc. Its wrong to blame average American or any generic population because you are in deep shit. Just my thoughts - no hard feelings!!! Its more about educating people who are interested and IV (henceforth Legal IV) is the platform for doing just that.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
That exactly what my point was - it makes no sense to critisize an American writer for not knowing the difference between H1 and EB.
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crazyghoda
01-16 04:27 PM
My layoff was much less traumatizing at the instant.
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
I was in India on vacation and one fine day I check my work email to see an email that I was let go a day earlier with 2 weeks of severance.
Luckily I had my AP with me which is what I used to return back instead of the H1. Needless to add my entire remainder of the vacation was ruined in between obsessing about how to come back (try using the H1 even though laid off or use the AP and face secondary inspections) and applying to new jobs.
Well I am back now and looking everywhere. Hopefully something should click soon.
All the best guys!
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uma001
07-29 09:20 AM
Did the companies ever give in written that our gc will be filed? and H1 extension will be applied? If yes you have a case at hand otherwise frustration
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
The issue with not filing green card is ,even if it is written in offer letter..The lawyer can always come and say ' We tried our best to apply for your grene card. But we could not demonstrate that we could not find american citizens with minimum requirements.'
A promise is a promise whether verbal or written.
In this matter desi consultancies are far better.
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abracadabra102
07-14 05:18 PM
I filed for 485 during July 2007. My 140 was already approved. Due to some problems I quit my employer in August 2007. My previous employer was a desi blood sucker. I was fed up & decided to quit after working for him for 3 years. I applied for H1 transfer with a new employer based on approved 140. I got H1 approval for another 3 years. Currently I am working for the new H1 sponsoring employer. I also received an EAD card based on pending 485 for one year. I didnt notify USICS of job change in July.
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
I applied for EAD extension this year. The application for EAD extension is pending. I got a following RFE on my 485:
Please state whether or not you are currently working for your I-140 petitioner.
You must submit a currently dated letter from you permanent employer, describing your present job duties & position in the organization, your proferred position (if different from your current one), the date you began employement & the offered salary & wage. The letter must also indicate whether the terms & conditions of your employement based visa petition (or labor certification) continue to exist.
I am not in good terms with my previous employer so I cant ask him for a letter. I can ask my new employer for such a letter.
Will USCIS come to know I quite Employer A before completing 180 days?
Also is it possible that 140 was revoked by my previous employer?
What document should I send to USCIS now?
Consult immigration attorney immediately (Murthy, Khanna etc).
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StarSun
03-16 07:12 PM
VA/DC/MD members, please host members from out of states. Contact sukhwinderd (private message) or send him an email.......... 2011carpool@gmail.com Lots of members are asking for hosts......
VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.
VA and MD chapter leaders, please post this information in your state chapters, encourage people to open their homes to fellow members.
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franklin
07-02 11:16 PM
I strongly believe that the little funds that IV receives should be used for more productive means than spending even more money on a website.
Maintaining a website that multiple people go to isn't going to get us very far at all, other than answering the same question multiple times. Using that money to pay for a lobbying firm, or trips to DC, or media coverage is way more productive and is far more likely to get actual results.
Maintaining a website that multiple people go to isn't going to get us very far at all, other than answering the same question multiple times. Using that money to pay for a lobbying firm, or trips to DC, or media coverage is way more productive and is far more likely to get actual results.
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coolmanasip
03-13 10:34 AM
I believe you can get an interim EAD from local USCIS office once the application has been pending for 3 months...
WillIWin?
07-24 01:36 PM
If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.
My thoughts.
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
TeddyKoochu
07-12 05:18 PM
understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!
Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.
Congrats Sunny & All the best must be a great feeling for you and your wife. I sincerely hope you are approved next month; you are one of the senior most in the group. All the very best.
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