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  • bank_king2003
    02-12 02:05 PM
    Would you mind asking source/link for "another 13,000 shifted over"?

    As per this link - family based numbers were totally used up for FY2008
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
    Family based visa used for FY2008 = 226,105 against 226,000 available.



    I suggest that you follow your own advice and read & understand what is being posted in this thread. What do you think? Is this information or "message" correct?



    ______________________
    Not a legal advice.

    hold on guys!!! i was the one who started this thread because i was not sure if ron was right or not but i guess seeing desi3933 comments that he is right and ron may not have the proof to justify this time.

    it is good if we can get some proof of uscis wasting/not using visa but untill then please dont blame each other..

    I feel the arguments desi3933 is giving.... makes most of the sense as compared to the last reply by ron which was like a general response instead of showing root cause of 13k visa lost.

    peace V





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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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  • bmoni
    04-09 06:43 PM
    Thanks Papu !!!! thats great....

    Visa Bulletin for May 2010 (http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4805.html)





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  • satyasrd
    09-09 12:48 PM
    Thanks for this post. I was about to post something similar myself.

    Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
    I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !

    EB3 seriously needs to wake up.



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  • rajuseattle
    07-15 11:10 AM
    Ajthakur,

    Please be truthful to the IV members.

    You should have stayed back with this blood sucker or whatever name you want to say at least until 6 months after filing I-485. Whole IT world knows that AC-21 is safe after 180 days, even if the greedy employer revoke I-140, you were eligible for AC-21 portability.

    Anyways now that you know the I-140 was revoked, find out when did he do that and if he has done that 180 days after your filing your I-485, you can still win your case by hiring a good attorney who can demonstarte to USCIS that your employment circumstances forced you to resign from the blood sucker and your adjustment application should be looked at as AC-21 portability.

    You still consider you r the smart guy and can handle this RFE very well, then I can only wish you a good luck.

    If I were you, I would have suffer for 6 months and then carry over the EB-2 PD with a good employer using either EAD or H1B, their is something fishy i can smell here...and folks here are not getting the true information.





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  • varshadas
    01-25 10:00 AM
    Date: Saturday, January 27, 2007
    Start Time: 10:00 AM Eastern Std Time
    End Time: 10:40 AM Eastern Std Time
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 34645


    Thanks,
    Varsha



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  • sroyc
    02-14 09:57 PM
    The current case is over 50% of H-1B issued to Indian and Chinese every year. And that is why now most people here are waiting.
    Do you think RoW H-1B applicants should shout loud and ask for the country limit to be set on H-1B?

    That would be one way of preventing the creation of two different classes of skilled immigrant workers in the workforce. Please note that the distinction between these classes is not based on profession or skill level but based on country of birth.

    It simply defies common sense that the quota is not enforced anywhere in the immigration pipeline except the I-485 approval. I would be more accepting of this policy if it were applied uniformly - while issuing student and work visas, PERM and I-140 applications along with the I-485 application.





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  • pappu
    01-16 11:29 AM
    Date of sign up: Jan. 16, 2007
    Subscription Name: Secure $20 Per Month Recurring Contribution
    Subscription Number: S-92E2356024336193V

    Can you confirm?
    pls update your profile so that we can confirm.



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  • mpelland
    02-14 08:15 AM
    sounds good to me. There are lots of things that you can do with a subway. Does it have to be realistic? If not then you can make it look like what you think a subway station should look like (futuristic, older, or just different). A lot of different skills are needed, lighting, texturing, space perception, etc. This should be fun!





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  • grinch
    02-16 08:34 PM
    Aw this is so great!

    People are actually participating in this battle!!!


    Well, for all of us not-so-experienced 3d artists, this battle is a very good way to learn many new things and techniques. I mean, I have no idea of winning this battle, but from using what I've learned, and combining new techniques, I'm sure to learn alot.

    A quick question, what are you guys modeling in? nurbs? I'm doing mine all in nurbs, and i'm having a little trouble modeling a nice chair, like the one that eisloe had.
    Not asking for any explanation, but possibly a couple tips for all of us here?

    Thanks guys, I'm working hard on it.



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  • GCAmigo
    12-13 10:11 AM
    for contacting/fax etc..





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  • coopheal
    03-12 12:19 PM
    First of all I don't know who sachbole is ?

    I have contributed to IV in faxes, phone calls and sending numerous letters. You can always check my history before analyzing from a blind eye. I have been here for a while, I have even spoken to a few IV core members.

    That being said, IV need's be more organized, blind actions and blind analysis wont get us anywhere.

    It is the IV core members responsibility, I am aware of the challenges, but people are quiet frustrated and desperate for a change.

    If IV is committed on its objectives, then organize a rally or a meeting with USCIS, I will be there.

    Show the world what you are and stand for, not just talks should be the motto of this organization. Need my trust and money, please earn it.


    IV does not want your money. Its not asking for Charity.

    IV is working on getting relief for people stuck in EB green card mess. If you would like something done in this regards contribute money, time and efforts to IV.



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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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  • mahujam
    10-15 05:09 PM
    So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?



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  • pappu
    01-31 02:32 PM
    This was a great effort by a few members and we were able to see a rise in membership and will see better search engine rankings due to this effort. Each and every small effort is important for our success and such efforts will not go unnoticed. Thank you to everyone especially the ones that were driving this thread.
    We need more members to drive this further and get IV's message to more people.

    Anyone willing?





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  • alisa
    01-18 09:41 PM
    I have been unable to access that powerpoint.
    Could something please be posted here.



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  • sam2006
    01-16 07:21 AM
    50$ sign up from me

    and 20$ will come biweekly





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  • Ramba
    07-14 06:18 PM
    You are correct but his case could be that his employer cancelled his 140 which could damage his case more than the use of AC21 to change employers.

    The fundamental rule (for getting GC) is the longterm intent of having permanent employment relationship between employer and employee at the time of filing 140 and 485 (see the Q&A). The intet has to be "at the time of filing" only. The employee has worked 3 years in H1B for thr sponser. It clearly establishes the both party's intent at the time of filing. So, even if the employer revokes his approved 140, he is 100% safe.





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  • varshadas
    01-24 10:33 PM
    Let us have a conf call on 01/27/07 at 10.00 AM. I will post the conference details soon.

    Thanks,
    Varsha





    actaccord
    03-01 04:02 PM
    .....





    abc
    11-17 12:34 PM
    How long can we keep our career on hold..

    I have decided to switch with a better job and restart with PERM. Anyway, EB3/2003 PD is no GOLD.

    Even if some law gets passed in 2007. With new EB2, I will get GC may be max 1/2 years later.

    What do you think?



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