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  • jsb
    08-11 09:21 AM
    We need our messiah VLDRAO...
    He s the MANNNN...
    he predicted July 2007 fiasco and then he was the guy who fought for us...
    VLDRAOOO where are you...
    Please make dates current for everybody...

    Making dates current for everybody will benefit new members (those could not file in July/Aug 07). For you with Nov 04 PD in EB2, and others waiting with I-485 filed, it will create a chaos. USCIS folks will get green to pick any file at random and issue GC's, then we all be unhappy.

    They should move cutoff dates in an orderly manner without retrogressing them in the future. Retrogression pains more than no or little cutoff date movement.





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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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  • desi3933
    02-10 12:22 PM
    I believed we get atleast 7% (cap) + any unused numbers. As there is a possiblilty of getting more than 7%, it is not considered a quota.

    I did not know of getting less than 7% when there is high demand. :confused:

    >> I believed we get at least 7% (cap) + any unused numbers.

    Two things -
    1. Since EB3 Row is not current, eb-3 India will not get any unused numbers.
    2. 7% is the country-cap, and this is not quota. In other words, no more than 7%.

    On a practical note, since there is high demand for immigrant visa numbers for eb-3 India category, the visa allocation should be close to 7%.

    In short, 7% is just a maximum cap, not the minimum quota.

    __________________
    Not a legal advice.





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  • abhijitp
    07-25 05:14 PM
    This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
    Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.



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  • Madhuri
    06-11 11:47 AM
    Done





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  • apb
    07-19 08:03 PM
    USCIS also checks whether you have been paying taxes. W2 alone does not help.

    I meant paying = filing taxes



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  • pbojja
    12-10 11:45 AM
    With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.

    Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..

    I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).

    I m ready for reds and dont care a bit .





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  • paskal
    03-16 11:19 AM
    to see you get defensive and try to make a case etc...........it amuses me........thats why i am doing it!!! :)

    Dear friend,

    We are not here to denigrate others. Neither are we interested in the kind of stereotyping that Lou Dobbs engages in.
    I see you have not even bothered to complete your profile. So much for your bravery, railing at people anonymously.

    Real good company and really god job huh?

    I work for a REAL good company too, and I'm willing to bet my GC I make more money than you. Get it?
    I have been here 12 years, I have education from the best schools in India and in the US (yes #1 ranked schools). The system still sticks me in EB2 with morons like YOU. So stop whining. The system is broken and we are trying to get it reformed. Isn't that the whole point? Hopefully you are lifting your little finger to help occasionally.

    Consider this a warning. This needs to stop.



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  • Jaime
    09-11 04:45 PM
    Email us! We will help you so you can attend the rally! NO TIME TO LOSE!!!!





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  • pcs
    11-10 09:18 PM
    Pappu, Aman et all...

    Let push it... this is too uch for too long !!!!

    Let us have a call on this. This is high time, we do something to mobilize guys for some common cause.



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  • morchu
    07-24 11:18 AM
    There is one guy I know of mentioned that his 485 package was returned after the July 2nd update.





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  • vin13
    02-12 07:40 AM
    I think it is important to understand and read what is being said. The information was not claimed to be true or false. The message was conveyed based on the information given. Now, everyone is free to evaluate and give their opinion on the information. There is no need to go for a personal attack.



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  • mambarg
    07-24 01:18 PM
    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 ?





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  • venky08
    08-15 04:27 PM
    yes but they will start processing the applications based on the receipt dates. so if a guy applied last year, he gets priority over last month's people. (that is assuming that his priority dates were current last year from him to apply!)

    also they will need to do fingerprinting etc. and shall pass the FBI check before they get to final stage of adjudication. that would take 6 more months. so they should look at the bulletin at that time to see if they are eligible. dont get excited about these dates - they are not that helpful for the last month filers.


    What do these dates mean? If they are dates for who can apply in Sept, then all (those who could) have filed their AOS in July/August. Do they mean that in Sept 07 USCIS will be approving GC for those within these dates?



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  • Openarms
    02-06 02:12 PM
    love your idea which could fly in congress.... no increase in Visa quota.... just remove country quota..demand and supply.. I do not think there is a need for $1000 fees for backlog reduction.. I believe we are already paid/paying for them in EAD renewals, I-485 applications with new fee structure.
    send the details for conference.

    I have a conference call set up for Sunday evening, for those who may be interested in putting some efforts, but are still not convinced enough, can join the conference, hear what I have to say, than you can decide if you want to go ahead or not...
    PM me for conference details...





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  • yetanotherguyinline
    05-15 03:23 PM
    That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.

    Dont take current year as a standard (unless you believe that things will get only worse from here). About your ROI description, it is very generic. Each person has to take his or her personal circumstances into consideration before making this calculation. Another problem with this ROI calculation being applied to engineers (I am one too) is that our initial salaries tend to be high but we tend to hit a ceiling around the time we hit 30 (what next after project manager or product manager?).

    One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".



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  • yabadaba
    07-28 09:03 AM
    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

    its amrit..drink of the gods...so its befitting.





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  • rajuram
    11-10 10:34 PM
    We have no more excuses now.

    1. Elections are over. So all arguments like "wait till the elections are over" do not apply.

    2. We have a pro immigration president now.

    3. Democrats are incharge of the house and the senate.

    This is a good time to act. What is IV waiting for...

    Ofcourse economy will grab the headlines, but it does not mean nothing else can be done. Do something before democrats start worrying about 2010 elections. Time to highlight that immigrants can help by buying houses (NPR had devoted some time to it recently, so they are aware, we just need to give it more publicity)





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  • Wendyzhu77
    01-19 10:22 AM
    Apparently, the police officer told you the exact story: by law you should carry all your immigration documents, but in practice a passport is good enough. By law he could deport, but in practice he won't though he had enough opportunities.
    Well, this is NOT a cooked up story. This happened to me yesterday at Harlingen (HRL) Texas airport.

    On January 16, 2008, I went to Mexico for H1-B visa stamping at Matamoras US consulate. I got my H1-B visa stamped and returned to Brownville, Texas.

    On January 17, 2008, I was at Harlingen (HRL), Texas airport for my final destination.

    One of the TSA security personnel�s is in process of verifying my ticket before proceeding to security check. As every one knows, we must present one of the government issued PHOTO-ID to them to clear the security check. I have shown my driver license and he has cleared the security check (name check).

    I was about to proceed further for security screening; mean while, a Police Officer came to me and asked me following questions.

    Sir, are you a US citizen?

    I said, No

    Then, he asked me, can I see your immigration documents.

    I have shown my passport to the police officer.

    He looked at H1-B visa and I-94 and asked me; who do you work for?

    I said my employer�s name.

    Later, he gave me my passport back.

    Now,

    I have asked the Police Officer few questions

    1. Sir, I�m in domestic traveling, is it mandatory to carry my immigration documents at all times?

    Police Officer said, as per the US LAW, all non-immigrants must carry immigration documents and passport at all times.

    2. What would you have done to me, if I had failed to present my passport?

    Police office said, I could have DEPORTED you.

    3. Sir, it is not possible for any one to carry passport at all times. Could the LAW allow me to carry photo copies of my passport and immigrations documents?

    Police office said, No. Technically, you must carry original documents at all times.

    I would advice you to carry Passport at all times.

    I did not know this until Police Officer told me about this LAW.

    P.S: BTW, the Department of Homeland Security (DHS) level is in �ORGANE�.





    amitjoey
    01-18 11:48 AM
    Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
    We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.

    I understand that some of you do intend to contribute and have contributed generously in the past,
    But here are some mindsets, All of us fall in these 4 mindsets.

    1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
    2) I have contributed enough.
    3) I will contribute if I feel like, when I see something comming out of this effort.
    4) I do not have to contribute.

    If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.

    Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.

    Category 3) This has been discussed, I do not want to talk about this category of members.

    Category 4) Again - No Comments-

    Lets show the core team that all of us fall in the first 2 categories.

    The last thing we want the core to do is bite their fingers over funds. We want do not want the core to get stressed out over funds. They have enough real work to do already.

    Inspite of being a serious team player, and a generous contributor it took me two days to sign up for the recurring monthly contribution program, so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.





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



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