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  • sands_14
    09-27 09:56 AM
    I got I485 receipt and FP notice last month.
    I got my fingerprinting done in september .
    After talking to my lawyer,I finally applied for my EAD and AP online.
    I got the EAD receipt 2 days back (very quick I guess) and now I have received another FP notice based on EAD notice.
    Is there some error?Do I have to go again for Fingerprinting???Anyone knows something?

    sands_14,
    This is quite common. I had the same thing happened. Even I have E-filed my EAD/AP last week. The way how it works is, since it is a post box USPS leaves the notice in there for all the deliveries. Once in a day, someone from USCIS picks those notices from the post box, goes to USPS and collects all the packages. Check your status back on Monday evening, it will say delivered.





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  • nixstor
    07-02 10:50 PM
    I support online petition idea and can get more than 50 friends to sign it.

    Lets start it as soon as possible so it can have an positive impact on those three pending bills that will be presented to Congress this summer.

    Thanks.

    If web faxes to the representatives offices have not made an impact, How will a petition on a third party website will make an impact?

    I don't mean to dampen any one's enthusiasm here but we have been clearly the best ways to make an impact on a law maker's decision are

    (1) Go to their offices and meet their legislative assistant/ aide's
    (2) Call them.

    If you haven't called Rep Smith's office, call now. If you did encourage your friends from San Antonio / Austin area to do so.





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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.



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  • yabadaba
    08-21 02:32 PM
    luvschocolates: not sure what you are looking for from an employment based immigration site?

    You have broken the law and you are illegally here. End of story. Even if there is no one here that will do the job that you do, there has to be documentation that proves that. Immigration law is one of the most complicated laws out there and other than a few categories like family based immigration or diversity lottery based immigration, most forms are extremely complex and reguire legal guidance to do so.

    Yours is an open and shut case, no lawyer worth his salt will take you case up for free. Like a poster said earlier, ignorance of the law does not allow you to break it.

    By your analogy, if I come from a country where there are no seat belt laws and using my international driver's permit I drive a car without weaing a seatbelt, does not make it ok. When caught, I will be arrested and fined.

    In your case it would be easier for you to leave by yourself, rather than risk being deported and getting a 10 year entry ban.





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  • sbabunle
    01-28 12:43 AM
    Rajuram
    You got couple of things wrong here. Passing a legislation is not a piece
    of cake. It would take sometimes years persistent effort. Contributing
    a few hundred or even a thousand dollars and expecting everything to be
    changed would be too ridiculous. Several tech lobbies are also lobbying
    hard for similar things. And they spend money in millions. Any man with commonsense could understand how difficult things if those powerful business could not take care this.

    Now u may ask, if these tech lobbies cannot take care of it how could a small group like us do it? Last year when CIR was passed in the senate, there was a catch int. It would have imposed hard country quota. With IVs work we were able to remove that hard cap clause from the bill. The bottom line is that we may not be able to pass a huge bill, but we could get sevearl smaller bills in peacemeals that would help our cause.

    If we keep on working on it, eventually some doors will open for us. But nobody is not sure when thats going to happen. So here is my take on this whole drama. I'll support IV for next 3 years. And if nothing happens I'll pack my bags. :D :D :D

    Now good luck on your GC





    I (and may be lot of others like me) want to care about IV & want to contribute to IV. But there has not even a single thread of good news for last several months. This is very demotivating. I have contributed only once. Every time I visit this site, I feel guilty of taking a free ride. But at the same time I find it hard to make any contributions with nothing happening on the horizon. Currently it looks like what ever is happening or going to happen with CIR etc is just moving at its own pace. If we can not expedite it, then what is the use? in any case congress will pass some relief for skilled workers when CIR comes up.



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  • vicsthedude
    09-17 03:14 PM
    I changed employer and location. So I was asked to clarify the location change if I am still with the sponsoring employer or submit a letter from a current employer stating duties salary etc. Replied to them and they are evaluating the response.





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  • hara_patta_for_rico
    07-10 08:12 AM
    It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.

    In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:

    http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure

    To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:

    COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
    COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
    COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
    COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
    COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)

    There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.

    Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.


    Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....



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  • immi_seeker
    07-13 11:26 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    But where are we getting these numbers like say 20k visas are available for EB2..





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  • BlueSunD
    03-07 10:57 PM
    Hi Sparky! Well a quick google search turned some results, hope you find them usefull,

    Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/

    These seem nice, some of the basics of modeling are shown:
    http://www.vrotvrot.com/xoom/tutorials.html

    And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
    http://www.blender3d.org/Education/index_old.php?sub=

    and another one... almost the same
    http://www.blender3d.org/cms/Using_Blender.80.0.html



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  • abhijitp
    07-24 06:08 PM
    Only the ones who were on OPT.
    No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.





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  • The7zen
    01-22 12:38 PM
    No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.

    Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.

    We always pay in some form for any happiness we seek.

    Well said.

    My Happiness lies whenever i strike a balance between both the scenarios you mentioned...some years its well balanced and some years the scale tends to tip on one side (but does not make me sad or atleast i dont let it make me sad)...I just try to keep an eye on the scale and try to balance it accordingly.....:)



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  • desi3933
    02-11 12:30 PM
    Looks like Ron is correct. ....

    Read this
    http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf

    and tell us, where do you see 13,000 unused numbers?





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  • velan
    04-22 08:11 AM
    Thanks for attending and updating us.


    Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.

    The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.



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  • whiteStallion
    09-10 04:48 PM
    Talking about horses and your user id WhiteStallion is surreal. Dude looks like they are after all discussing a bill right up your alley :D

    No offence. Just Kidding!!

    I know! No offence taken!
    I wish I could benefit from these lousy discussions(in the senate) about horses or legal immigrants in some way... Seems its now happening today !





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  • rimzhim
    04-04 03:29 PM
    It is also the favorite trick of anti-green card reform groups like IEEE.
    You are confused on this. IEEE is against increase of H1B visas. They have never said anything about GCs. If they have, show me where.


    Just because the quota got over the first day it implies that the system is abused, right? Let me tell who is abused. People waiting for green card are abused. Not fixing green card delays and deliberately keeping the debate around H-1b is an abuse.

    those who will feel abused are ones with advanced degrees from the US but did not get their H1B only to find someone from India has gotten an H1B. That person will feel abused because of the time (and maybe money) spent in getting the advanced degree.



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  • feedfront
    10-07 12:27 PM
    Received email about change in status to 'Your Case Status: Request for Evidence Response Review'. USCIS should have received it yesterday and today it changed to response review.

    RFE email: Sept 10, 2010
    RFE received by attorney: Sept 21, 2010 [Civil Surgeon was not in current list of authorised civil surgeon + x-ray report was missing]
    Reponse to RFE sent on : Oct 05, 2010 via USPS
    Soft LUD/email: Oct 07, 2010 @10.30PM PST [Your Case Status: Request for Evidence Response Review]





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  • gccovet
    09-10 01:35 PM
    I am wondering when will they discuss about Humans ?:mad:

    After they have their stomach full, and after finishing about animals, other humans then comes lousy aliens like me and you.





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  • DSLStart
    09-10 02:33 PM
    curretnly debating on HR6020 about illegal immigrants.





    sparklinks
    08-19 12:57 PM
    got my FP notice today..

    I485 RD - 7/2/2007
    ND - 8/3/2007
    FP Date - 9/04/2007 (FP Notice received 8/18/2007)
    Service Center - NE

    I have a question for gurus...we applied for AOS for my child also who is 6 years old. Is there FP for the children?


    As per my knowledge FP is only for the Age 14+





    belmontboy
    02-14 02:49 AM
    Donot abuse the word "Ethnic cleansing". Our situation is nowhere close to being called that.

    Whatever is happening right now is Darwin's theory at work - "Survival of the fittest".
    Boom in financials, jobs that were spawned by housing, all needs to be corrected.

    Its going to be one helluva ride, buckle to your seats folks. I hope we emerge strong from all these.

    Good luck and may god bless us all.



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