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  • vin13
    03-09 01:45 PM
    I cannot express my anguish.

    I can understand the anguish. When you are really close and the bulletin does not move.





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  • reachinus
    02-07 09:01 AM
    I can donate 16000 US Airways miles from 2 accounts. Please let me know the process.





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  • pappu
    01-02 08:13 PM
    I have posted about immigrationvoice.org in following yahoo groups

    IIT- Global (2526 members)
    IIT-midwest(317 members)
    IITK-westcoast(766 members)
    Inter IIT (4654 members)

    I hope this helps.

    Good Luck to All

    -Shukla
    Thank you very much

    could you and couple of more members volunteer to post messages on the following sites
    http://immigrationvoice.org/forum/showpost.php?p=16078&postcount=42
    Pls post on this thread once you have posted.





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  • abhishek101
    06-15 11:36 AM
    as a 501(3)(C) organization immigration voice has is limited in its efforts to contribute for any cause, while it can spend a max of 30 % (lawyers please comment) on Advocacy but it cannot do political campaigns openly, if people want to contribute and defeat Sen Grassley they need a 501(4) type of non profit.



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  • perm2gc
    01-05 02:59 AM
    An idea!!
    Lets just put our post on codeguru.com , expertsexchange.com etc etc....
    I'm pretty sure lot of techies visit there from all kind of nationalities.....
    Good Idea..Can you post in those websites and post the details here.
    Thank You





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  • eb3retro
    06-10 01:54 PM
    may be they r special..
    :D:D:D:D

    You did not submit because it was ok for you. I know people who got RFE asking for employment proof.



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  • snthampi
    07-12 07:16 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 and good luck!





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  • feedfront
    09-14 04:03 PM
    As far as I know, most likely your RFE would be related to EVL, if you didn't receive it earlier. Also, if you changed state, and working on H1 or EAD, they are sending in a standard RFE like to describe location discrepancy and letter from Employer to state that they still support your GC as per the Labor and 140 application. Hope this helps!!! Good Luck!!!

    I had received an EVL last year and we responded to it immediately. Well, I'm waiting for RFE and update the forum ASAP. I think I will get RFE similar to 'abd'.



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  • mallu
    02-16 03:20 PM
    14% Asians Americans in US. (includes indians,chinese koreans, viatnamese, japanese etc)

    I dont know about India and china specifically.

    There are 2.7 million Indian americans in the U.S and 9.3 Chinese Americans.

    You do the math.

    Not sure if the totals include GC holders

    What i would say is that if folks from a particular country is getting 'edge' in numbers , then the diversity axe should be applied. In that sense i was wondering whether the country quota applied is 'fair' ( i know what is fair is determined by the country which made the rules/laws/practices . ) to India,China .





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  • mirage
    07-13 07:54 AM
    Please correct your spelling of Murthy. I thought some senator or Congressman Murphy wrote to DOS. If it was murthy I wouldn't have bothered to come on this thread. She is a big time crook. Shamelessly she's trying to take credit of everything that we are doing here under 1 banner called immigrationvoice she will take credit of Zoe Lofgren and everybody else. She has never ever mentioned immigrationvoice for anything in her so called updates.

    http://www.murthy.com/chertoff_murthy.html

    July 12, 2007

    ......



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  • Jaime
    09-10 03:49 PM
    "We don't sponsor" - The favorite new phrase of most companies' HR department employees. Most of the times they don't even know what that means, but the H1-B visa has gotten such a bad rap for being so cumbersome, unjust, cruel, expensive and difficult that companies just don't want to deal with it anymore. Ask any current international student how many times this unfairness has driven them to tears. That's why they are going back home to compete against the U.S.!!!





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  • little_willy
    09-18 11:44 PM
    I was there and am proud to be part of such dedicated individuals:) It was great to catch up with Aman, pappu, logiclife etc. Most of the congressmen's office I met were of the view that it is high time we come out in open and fight for our cause. One legal aide explained me how ignorant most of the lawmakers are when it comes to legal vs illegal immigrants. This rally will be an eyeopener for few of them for sure.

    Those who missed, I can assure you that Immigration voice is moving in the right direction. With a leader like Aman and unrelenting individuals like Jay(logiclife) and Himanshu(pappu), we can hope to achieve great things.

    For individuals who had to excuse themselves from the rally or from any contribution, my question is, when the high profile attorneys and lawmakers believe that we can make a huge impact, why, you being the beneficiary of the very cause and were able to file 485 because of IV's efforts, fail to understand that we could make a difference. It is high time you participate in this effort.



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  • GCcomesoon
    03-06 11:33 AM
    Hi

    So what do we have coming in April bulletin ? I'm not discussing any predictions here but based on some information found on the web & in different forums , it looks like Eb2 might move ? Does anyone agree to the logic for this movement ? Is there any movement expected for EB3 - India , because with the Name check gone & some old cases getting approved , shouldn't the EB3 dates move forward ?

    Thanks
    GCcomesoon





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  • hope_4_best
    03-17 03:16 PM
    My PD is :- June 28, 2002



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  • sprajulu
    07-01 04:11 PM
    We all should request politely to end this country specific reservations.





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  • file485
    07-28 09:48 AM
    that is the catchy situation...I think this employment letter from the GC sponsored employer is required until we get the GC into our hands..so the sooner we get out of this cycle the better..or else we can be asked for a fresh employment letter in an RFE which is a sticky situation for many employers/employees



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  • akred
    02-21 10:58 AM
    How does one "change" to EB2?. I have a PD of Oct 2003 EB3. Should i submit a new labor and if it is approved my category will be EB2 PD Oct 2003?. Should i also file another I-140?.

    Not that i want to. just out of curiosity. thanks

    1. If you want to use experience gained on the job at the same employer, then have your employer file a new labor for a different job followed by an I140.

    2. If you were EB2 qualified but your employer chose to file in EB3, then have the same employer file a new EB2 labor+I140.

    3. Or if employer A originally filed an EB3 labor for you, and you are now qualified for EB2, change employers and have employer B file an EB2 labor+I140.





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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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  • zuhail
    03-29 07:29 PM
    Hi,
    It appears that Visa Re-capturing for EB categories is not high in IV's agenda.
    I wrote to the IV team about 3 weeks ago and no response so far.

    So if you are interested to personally take part in this effort,
    please write to me at fermion_boson@ymail.com and we can do something about it.
    I guess everybody have to start somewhere.

    Thanks.





    Imigrait
    01-30 02:39 PM
    It is my fault. I should have explained it better.

    The immigration laws are very confusion. Entry on AP is legal entry and it is ok, but it is not considered as lawful entry for I-485 approval process ONLY. For last lawful entry, USCIS looks for last entry on non-immigrant visa.

    Hope that helps.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    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.





    bigboy007
    05-10 11:24 PM
    I keep asking every person whom i already know and who ever i meet to join and support IV. i am hoping there will be atleast one who will increase the count and I keep propagating the issue of Recap.

    Friends,
    Time is right now to recapture the visa numbers.
    "No army can stop an idea whose time has come." --Victor Hugo.

    We need to raise funds for the sole purpose of passing the EB Visa Re-Capture Bill!



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