Senin, 27 Juni 2011

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  • dentist1
    04-09 06:47 PM
    Thanks Papu !!!! thats great....

    His name is Pappu and not Papu also what is so great about this bulletin buddy.It sucks bigtime.





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  • vin13
    03-10 10:32 AM
    I have enough miles to get about 3 round trip tickets. Please PM me if you are in need for participating at the DC event.

    Please note that priority would be given to

    1) someone from mid-west or south-west. Basically the preference is for someone who is not within the drivable distance.

    2) You also need to be registered for the advocacy day.

    3) You also have to be willing to participate in the training and the 2 days of advocacy.

    4) You need to PM me with your name and phone number and good time to reach. There is not much time to go back and forth on PM or emails.

    Please note that number of tickets available for miles redemption would be less so we need to act fast.

    Thanks





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  • McGuffin
    03-06 04:25 PM
    I don't think I'll be able to make this one, I'll give it a shot though.





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  • nk2006
    12-27 08:54 AM
    GUYS THIS SEEMS INCORRECT, I HAVE A 529 FOR BOTH MY BOYS......MY FINANCIAL BROKER SET IT UP FOR ME..

    I also have opened 529 account couple years ago (and contributing to it monthly ever since). No issues (no questions were asked about my visa status) while opening or during my monthly contributions. My understanding is, we can use these funds anywhere in the world as long as the money taken out is used for higher educaiton of designated beneficiary.

    The biggest disadvantage for us is in our jobs - so many jobs are advertised with a clear mention that they dont support visa. This is not restricted to some mom and pop tech shops even some bigger companies do that. Also in big companies where H1B's are welcomed (like Cisco, Microsoft etc); they dont take you if you have less remaning time on your H1B. I knew a case where a friend of mine was interviewed and offered a very good position in one such reputed companies. The interview/background check process took two/three months at the end of it they realized that the personal have only 1year 4months left on his H1B visa. So they told him they wont take him; reason given is company policy that they need atleast 2 years on your H1B so that they have enough time to sponsor greencard etc. There are so many such instances where we are losing big time on our careers in the peak of our lifes.



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  • loti_GC
    06-11 06:48 AM
    Our I-485 was approved on May 30th. Got cards and I-485 notice on Friday.





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  • User00
    06-22 12:54 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    PLease advise.
    Thanks



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  • cyberstar79
    03-09 12:37 PM
    Disappointing.





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  • makemygc
    07-05 11:24 AM
    I ask the doctor to treat me first but also make sure that my brother gets treatment too.It's just that for the past 15 days not one post reg people stuck in BEC's and one guy who started the thread of unfairness got bashed.Even then no announcement nothing from the core team.That's what bugs me.

    I'm not trying to create a division.In fact I sympathise with everybody effected by VB ,all the money,effort,time that you have put in.I know I'll be next in line waiting to get in the roller coaster.I also know that core team is not answerable to anybody.
    Peace..

    Aries22...here is your answer from the core.

    http://immigrationvoice.org/forum/showthread.php?t=6084

    If you are satisfied with the answer, I'll encourage you to bring other BECs brothers to join IV and contribute.



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  • seahawks
    07-26 08:58 AM
    The underlying reason to stop cocurrent filing as I understand was non availability of visas and of course no proper system in place for FIFO. Well, my memory could be fading, but I think the reason was not to over use quota systems. Cocurrent filing was allowed, because there was a delay in processing time but the visas were available, now there is no delay in processing time, well i don't agree that is true, but visas are not available. There was no organized way within different centers in approving cases, some centers approved cases faster which meant, other centers did not have the visas available when they got their act together and so on.

    So, with check and balances, if you are not allowed to file 485 until visa numbers are available, they dont have to build in a checks and balances from their side of the equation on keeping track of that:).





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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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  • askreddy
    06-25 05:31 AM
    Hi NJ members,

    Iam joined yesterday this forum.

    My PD is 9/2003 and EB3.

    Iam having issue with birth certificate.Can any one from india pls send me non availability and affidavits you have. you can erase your imp details. i just want the format.

    thanks in advance....





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  • Macaca
    07-01 11:28 AM
    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf

    Testimony of Charles Oppenheim, Chief, Immigrant Control and Reporting Division, Visa Services Office, U.S. Department of State, June 6, 2007.
    Are you aware of a similar document that explains

    country caps.
    conditions that lead to initial retrogression. That is, from current to settingcurrent dates. This is what happened in Oct 2005 and will happen now when all dates are current. This is different from VB's that reset existing current dates.

    Spencer HSU, Washington Post likes to rape USCIS. We can send him our issues if July VB is reset in the middle.



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  • paskal
    07-03 09:51 AM
    ...that the system is severely backlogged and needs repair but to say it is unfair to limit the number of immigrants from one country does not make sense. Removing the per country limit would allow one or two countries to dominate the EB system because their high populations allow them to produce more skilled labor. So removing the per country limit would remove the "bias" off these countries and move it to the ones with lower populations; so, in essence the discrimination would be reversed? Maybe a point-based system that incorporates a per country score would be better?

    i think it's an interesting discussion, but what would you say to the argument that if immigration artificially inflates the numbers of small countries beyond their real populations and ends up penalizing larger countries. in other words it creates and artificial distribution favoring certain parts of the world...is that really the goal? is is good? s it fair? it's a monopoly in the reverse way- excess opportunity for an individual from certain countries.
    when the quotas were originally made, they had exactly that idea- and the motive was explicitly racist. times have changed. so should the antiquated laws.





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  • akred
    06-12 11:52 AM
    CIR needs to die for the simple reason that the processing workload for the illegals on the USCIS will add another 3 years of wait for everybody. Simple fact of the matter is that the system has not finished recovering from the last 245(i) amnesty that ended in 2001. That was when the DOL received 6 years of applications in one week and everybody ended up waiting 3 years or more.



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  • bfadlia
    12-15 10:01 AM
    Take the body shoppers and glorified body shoppers like TCS, wipro, infy etc out of the equation and you would have sheer wastage of H1B numbers since the American companies will not go abroad to recruit someone who is unfamiliar with US work culture.

    That is why congress came up with 20K quota for master degree holders who can be recruited directly by US corporations. In my opinion, US corporations should not complain at all since they were never interested in upholding the true spirit of H1B by recruiting people from abroad directly.

    -gcisadawg


    US corporation did go abroad to recruit back when there was heavy demand in the dot com bubble and Y2K.. American recruiters for several big companies used to make regular trips all over the world like russia, eastern europe and middle east to scout talents and ship them here.. but that never happens now since 1- there is no real demand 2- Desi Bodyshops already brought in hundreds of thousands of H1 people on short term or fictituous projects then set them out to hunt for next projects in this tight market..
    We programmers need to come to grip with the fact that today unless you have a rare skill and exceptional ability America will not roll the red carpet on your GC path.





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  • masouds
    02-16 10:16 PM
    If the Africans had just continued to abide by slavery, they would never have gotten their freedom, just because, "it's the American policy."

    I hate to break my own promise to shut up on this, and I hate to be your history teacher: African slaves in US didn't become free because they fought with their owners. They became free since President Lincoln decided that slavery had gone on a bit too long.

    When european immigrants walked into this continent and started hacking natives, they had firearm, they had the aggression and they had the numbers on their side. Which one of these do you (or we) have?

    Let's stop debating this, since this issue isn't going to be resolved here; You either get the next president/congress to abolish this part of immigration law, or ask the courts to force the government to do what you like.



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  • roseball
    08-11 10:09 AM
    2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012. Do not ask the source of information it is more of stock market and weather forecast were in stocks falls and gains every 5th year and 6th of June is the first day of monsoon in mumbai....:D

    No point in giving stess to your grey cells, all are predictive cycle &, process

    EAD and AP renewals are no more cash cows for USCIS. Under the new fee structure, whoever files I-485 is eligible for free EAD and AP renewals.





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  • like_watching_paint_dry
    04-06 11:10 PM
    If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.

    In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.

    No no. This is very true. This happened to my friend's friend.

    My friend's friend was visiting my friend and was traveling with his dog. The VO asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The VO immediately called my friend and asked if he can take a US dog and have it poop in the park and pee on tire. My friend said yes! And the VO immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.

    IV should do something about this before too late! ;)





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  • mordaut
    02-27 08:38 PM
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    snathan
    04-06 08:52 PM
    I know a person who was sent back; IO called the end client to verify his employment and asked if they could hire american worker instead, when the employer said they could, IO sent him back. I think they are only going after H1's working for smaller consulting companies.

    You may write it off as a rumor, so be it, but IV needs to step in and take necessary action.

    Are you sure...is it your friend and can you disclosed his details to IV. Or friend's friend's.....friend?





    singhsa3
    03-04 12:16 PM
    Those were different times. Try taking mortgage now on your EAD.
    Here are my particulars:
    Family income: Almost 4-5 times per capital GDP
    Job type: Stable
    Credit score : Excellent
    Highest education: MBA
    Willing to put downpayment: Yes, required 20%
    Mortgage application: Rejected as EAD is valid for only one year.

    Now you tell me what should I do...


    I was 37 years old when I arrived on H1b in 1999, I had owned properties back home and I had a fair amount of equity.

    In 1999 my wife and I could see the Southern California real estate market was growing. Our initial idea had been to rent for 6 months, and get to know the area, then decided where we wanted to buy. My employer applied for H1b in November 1998 and it was approved in May 1999. We came over in January 1999 to look for property to rent but also with a view to maybe purchase.

    Within 2 weeks of my H1b approval my wife and I came over and because of the property price increases since we began looking at the market we felt renting was going to be dead money and we need to buy for economical reasons.

    So in June 1999 we purchased a 1,950 sqft house for $280,000.

    In September 2003 we sold that house for $535,000.

    Using the increased equity my wife who is H4 chose another house (as she couldn’t work it was important to me that she be happy in the house). The next house we purchased was 4,550sqft, and in December 2003 it cost $835,000.

    I know the market for real estate is shrinking, but according to Zillow.com this morning the property is valued around $1,230,000 albeit was worth considerably more a year ago.

    I’m not looking to brag, I am sharing my experience.

    1 my wife and kids were on H4 they needed a home to be happy in.
    2 it made economic sense to buy
    3 we got the right funding
    4 had we waited for GC we could never have afforded the home we currently live in.

    The timing of immigration approvals had no bearing on whether I decided to purchase property.

    good luck to all



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