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  • potatoeater
    05-26 04:36 PM
    I-94 is a complete proof of your immigration status in the US.

    carrying your gc is understandable, its just a card like your license.

    But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.

    This is just a classic case of harassing immigrants.





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  • coloniel60
    08-15 04:13 PM
    In fact better than expected for EB2

    Nothing new. Whoever is eligible to apply in Sep has already applied except for a few unlucky people stuck in BEC.





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  • GCScrewed
    07-04 11:06 AM
    Paskal,

    It is possible that EB1 C might become unavailable, because you might be looking at it more closer than I am. But I still find it hard to believe that an MNC will just create a phony Managerial position for every Joe Bloggs, an abuse similar to Labor substitution and satellite offices in states where labor processing was fast etc. Lets say an MNC really promoted some one to a position that qualifies for EB1, moves him out and moves him back, it is still by the book and can't be compared to labor sub, which were sold for money. Labor sub by itself is NO crime irrespective of what we think. The rampant abuse of it caused the demise. Same rule applies to some one who goes out and comes back as its all by the rules and no abuse is involved. In responding to the OP, My intention was to say that MNC's do not go to such an extent of creating a Managerial position that do not exist or have an employee do the same work in the name of managerial position. Some companies might have abused it in such way on few occasions, but thats definitely NOT a practice as rampant as Labor Sub's once was. If that were true and as easy as depicted, A lot of people & companies would have done it, by now. We don't need to teach the gamers. They are a step ahead in getting things done, if there is a way.


    Given the severe backlog of EB2 and EB3, some people will find ways to outsmart the system so that they can get the greencards sooner. If those loopholes are not plugged now, it will make a mess just as Labor Sub once did.

    I think we should pursue a goal that benefit everyone in the backlogs... not just a specific types, say I, C vs ROW; EB1 vs. EB2 vs. EB3; STEM vs. Non-STEM; Schedule A vs. Non-Schedule A; Healthcare vs. Non-Healthcare; IT vs. Non-IT. The only cause which will get everyone on the same page and therefore is worth pursuing is to recapture unused #s so that all people in the backlogs can go through the pipeline quickly. Of course, all the government agencies, esp. USCIS, must be held accountable for processing cases in a consistent and orderly way. This may be another goal IV should pursue. Just my opinion.





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  • Canuck
    02-14 08:10 PM
    This is the exact reason why USCIS has a country quota system ensuring ROW folks do not have to compete with OVERSUBSCRIBED countries.

    What WILL NOT happen? - Removal of per country quota for EB Visas!!

    Why are you in favour of per country quotas, having been born in an oversubscribed country? Are you a glutton for punishment? Do you enjoy waiting 6 years more than an equally qualified counterpart from another country who moves onto bigger and better jobs while you rot in the same position and pay grade for years?

    Per country rationing is discriminatory for EB migration. The best jobs should go to the best people, regardless of national origin, race, or religion - this basic principle is enshrined in employment law, but when it comes to EB migration, it is disregarded! It is not about "giving everyone an equal chance" - this is not a charity, this is a business, and in business, only the best and the brightest get those jobs.



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  • vivekjay
    10-20 02:23 PM
    He doesn't compare with Mccain on any of the issues except being able to talk. He spends more money running negative ads than Mccain. Then he says, john, 100% of your ads are negative where as only 50% of mine are negative. Which is true but if you dig further Mccain is spending 1bout 50Mil on negative ads where as Obama is spending 80Mil. Though he is correct in his percentages statement,is he really correct?

    Any time any question is raised , call them slimy is another strategy of Obama. He did it with Clintons and he is doing with Mccain.

    Atleast Obama's attack adds are based on policies and not personal attacks. I lost all respect for McCain for his campaign stooping so low and after his VP pick. My god what was he thinking?

    Democrats are poised to increase their majority in both houses and McCain is pretty much going to have a hard time pushing his agenda regarding a lot of issues. I dont want another lame duck president.





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  • pappu
    01-16 09:44 AM
    Thank you Anurakt and others that have signed up. Anurakt I am sure this time our members will take up your challange and make you pay $500



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  • danu2007
    11-20 10:54 PM
    Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.

    Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"

    Jusy wondering any one got this reply..





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  • CR1
    04-15 10:42 PM
    I have been here about a year and am on an L1 with my wife and two children who are on L2s. We are thinking about starting the GC process. While I am sure this topic has been discussed many times before in this forum, what are the pitfalls, and how long does the process usually take? My understanding is it's relatively straightforward for L1s, however I have seen a number of posts talking of converting from L1s to H1s, so I am little confused as to which is the best visa to be on to apply for GCs.

    Many thanks.



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  • paskal
    01-21 02:21 AM
    i like the way you did this
    i wonder though if it's better to adjust it for depnedents
    per USCIS figures the average is 2.5 individuals in a family for each approval
    The timeline is stunninh when you put that in.
    I will retire or die before a GC......!





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  • 24fps
    02-04 02:41 PM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...

    its not racism its just an old rule

    u can be indian but born in a different country and you could avail of ROW benefits, my friend is indian but was born in europe as his father was workin there at that time and then moved back to india and now he got his GC in under 2 years in EB2

    racism is purely based on your ethnicity



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  • alterego
    07-04 08:31 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.


    Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.

    This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
    If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!

    Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.





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  • kopra
    09-20 05:15 PM
    I Agree that the economy is in a mess. But i wouldnt completly blame the Greedy CEO's and board of directors. Some part of this is with the common people . Many of these people took those fancy loans thinking that by buying a million dollar home ( even though they cant afford it) and selling it after an year for 2 million dollars created this issue. Now their debt is our ( tax payers) debt as they walked out .
    With the new proposal of Fed pumping in 700 Billion dollars to recuse all these companies will cause inflation and prices will skyrocket.
    As a Side note, many immigrants will be going back to their home country just bacause they cant afford these. Numbersusa will be happy as the "numbers" will be going down...


    To summarize this briefly.

    The rescue plan = Transfer the "crap" from the balance sheet of the banks to the balance sheet of the US gov't and taxpayers. The government is buying rotting potatos for cold hard cash.

    Benefits are nearer term, Consequences are longer term.

    Consequesces will be:

    1) Bigger deficits, budget especially

    2) Less Gov't investments in infrastructure, healthcare, education etc. As the money is needed to feed the interest repayments and other obligations.

    3) Higher interest rates for everything from mortgages, credit cards auto loans student loans...... you name it.

    4) Higher taxes, federal and state and city.

    5) Lower US dollar and higher inflation.

    Unfortunately for us the recklessness of the management of the economy of this decade will be felt as a drag on progress for a good part our working lifetimes. This was a sad and unnecessary development brought about by pure greed and an ineffective government.



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  • BharatPremi
    03-17 02:30 PM
    Thanks
    What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.





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  • desi3933
    02-11 07:36 PM
    I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...

    Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.

    Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?

    >> Why be rude
    My apologies if my post reflected that. My intention was never that.

    .



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  • rajuram
    11-15 12:02 AM
    I am not from California, I will still make the call next week.


    If you are from california plz make a call. Or if you know some one have him/her call to her office.

    We need to keep moving ahead on this one.





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  • immi_seeker
    03-12 01:13 PM
    Guys try to be matured in this bad situation. Bashing IV is not a solution. We can not afford to cut the bunch of tree where are sitting! Lets understood the hardcore reality.

    1. Changing of law is not possible in near future.
    2. When law is very clear for applying quarterly spillover, why the hell USCIS/DOS is not applying spillover even in third quarter? Half of the problem will be solved, if they effectively apply spillover. Why we are not pressuring USCIS/DOS to follow the law for spillover? Truth is with us. If we are truly frustrated, why not doing another flower campaign, hunger strike, tremendous pressure to the Congress and White house, or lawsuit? There are 60 to 70 thousand spillover visas will use to backlogged categories.

    Planned out thousands of flowers to DOS/USCIS or file class action lawsuit for not applying spillover on timely manner. In past they they wasted thousands of visa for just waiting for spillover in last quarter.

    If you are really frustrated come out and make the change. Bashing to the IV is not solution.


    Totally Agree. Bashing IV is not the way to go. IV is nothing but all of us. This is the only platform we have got. Lets not think IV as an external company who we pay money and if things doesnt work out bash them.Thats not the model here. Also we should be thankful for whatever the volunteers are doing. If things work out thats great. If not that stil okay. Atleast we have a platform like IV to discuss ideas and do initiatives. Please try to take things positively.

    My biggest concern in the VB stuff is that it seems USCIS is heading towards wasting visas. We need to work together to make sure that doesnt happen. All Visas should used in whatever way it is spilled over.



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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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  • makemygc
    07-05 11:29 AM
    http://digg.com/politics/Reversal_Fr...ard_Applicants


    thank you

    URL Incorrect. Plz repost





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  • eb3_nepa
    07-05 01:37 PM
    1) You can VIEW the forums ONLY if you are a REGISTERED member (that part is FREE).
    2) You can POST replies to people's questions only if you are a REGISTERED member (again this part is FREE).
    3) HOWEVER, you can start a NEW Thread ONLY IF you are a PAID member (the minimum fee should be $10 - $20)





    jungalee43
    03-03 06:24 PM
    I will buy my house in US as soon as BUT ONLY AFTER I get my green card as thousands of other applicants have done.





    purplehazea
    06-12 12:01 PM
    just to let you know, even with PD current people have to wait 60-360 days for approval by service center.

    You cannot imagine what will happen to processing efficiency at USCIS with additional work.



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