Sunday, June 26, 2011

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  • Tito_ortiz
    02-28 01:04 PM
    Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.

    What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
    Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D





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  • BlueSunD
    03-11 04:10 PM
    You like it? Thanks! Please don�t hate Maya :P, be patient. At first it�s a bit of trial & error, if you started using Max before Maya (I did :)) you�ll know how easy it was doing light linking. But this feature seems to be hard to find if you don�t know where to look, or is it? Give me a minute, I�ll tell you how.





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  • SunnySurya
    07-28 12:21 PM
    No, you won't be banned from IV. You just will be banned from this country.
    And by the way, the thing you were trying to do is not protected by "the first amendment"
    So I cannot even speak on IV and even little I defended my religion, I will be banned from IV? Freedom Of Speech





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  • Legal_In_A_Limbo
    03-10 11:10 AM
    Guys.....if you want to change representation to self in your 485 case, you do not need to file a form G-28......G-28 is for lawyers seeking permission to represent you. You do not need a permission for yourself............all you have to do is send USCIS a letter saying all future correspondence should be done with you and you are representing yourself on this case hereon....follow up after a month after sending the letter to ensure they have changed you as the point of contact on the case........If you are substituting your current lawyer by another one, then you need a new G-28

    coolmanship, can you please share the format of the letter which we need to send to USCIS asking them of taking the attorney of the case?

    I will really appreciate that.



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  • mirage
    02-03 08:33 PM
    We may not see each other eye to eye on this issue, but any idea is certainly welcome. On the other note I'm certainly going to call lawmakes office and convince them to get this done, you may say we should wait for the right time to arrive but I personally feel, there is no better time than now.
    Look mirage, I want to help in anyway I can, and I know your intensions are good, but good intensions and mere frustartion arenot enough to produce the desired results. The effort has to timed well. Bush had good intensions, atleast thats what he said, but the outcome was not how everyone desired. I am telling you, conserve your energy for the right time, don't lose steam and willingness to do something about the issue, but do not waste your energy. Use it wisely. Although, I must say that I have witnessed a lot of gurus in these forums. Sometimes I see them logged in, but they do not always post. If I were you, I would do my hiomework, get those folks on board, chose the right time, and put in the best effort.

    .





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  • .soulty
    03-11 12:33 AM
    thats better.. cool, so i'll contact grinch to see if he is happy to get this poll ready.



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  • pappu
    06-14 01:13 PM
    http://www.uscis.gov/files/nativedocuments/TransformationConOps_Mar07.pdf





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  • gceverywhere
    09-26 10:12 AM
    Hermione,

    How confident are you to call them "Ignorant".... It could be very planned and calculative agenda. Writer writes in CNN. Never ever be ignorant about their tactful agenda, capacity and wilful application of the polity.

    I belive, IV MUST talk to CNN and force them to accept the "error" in that article publicly by publishing at earliest.

    Whether it was ignorance or a planned move, I agree with you that IV must talk to CNN and ask them to re-publish that article with the correct information.



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  • amitjoey
    05-06 02:37 PM
    Answer on Priority Date?





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  • 485InDreams
    09-26 10:09 AM
    Guys...
    Mail them a simple clean mail...Also, lets don't give publicity about Anti-Immigrants to CNN guys...



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  • uma001
    10-01 09:51 AM
    Guys,

    Just an update..I quit the company and joined small consulting firm. Got the project, labor approved, h1b approved (filed in premium) and prewailing wage determination will be started from next week.damn, i should ve done this 4 yrs back. these guys r fast. Never join as fulltime employee if you dont have green card





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  • bigboy007
    06-11 12:54 PM
    I wouldn't worry about this.. this bill is in embyonic stage, hundreds of such ridiculous bills are persented each years and they never make it to either house or senate floors for voting. Remember US politicians all the time "propose" or "talk about" such crazy bills to make happy the crazy segment of voters in their constituency and to make a buzz in the media. This is nothing more than Rakhi sawant accusing Mika of kissing. Nothing is going to happen without the full fledge CIR. Anyone believes the country which gives amnesty to illegals every 10-15 years will take such a nasty step and hurt itself ? Just watch in the months ahead what happens to AZ law or rather it's (non)implementation.
    can you please answer me why TARP H1B restrictions passed if everything had to be taken up in CIR. after seeing that lengthy explanation from IV Core I cant imagine how come some of us tend to pacify ourselves we are safe for ever. I wish so and its good to be prepared and help ourselves. But looking at the text i see this as part 2 of TARP and many parts on the way ... They are not talking about illegals they are talking about the HOT Topic "JOBS". this is similar attitude we had when TARP restrictions were passed.



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  • FinalGC
    11-22 12:45 PM
    Yes you can use the old priority date. However, this is only possible if you have a copy of the old approved LC and 140.....

    Clarification PD is based on the date of filing of the Labor and NOT 140.....





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  • veerug
    07-04 05:49 PM
    ........



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  • slowwin
    02-18 04:26 PM
    this bill would allow to adjust status to GC, if you lived for the last 5 years continuously except for casual absence. It does not eliminate H1B, but makes it tougher at advertisement stage for EB.





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  • WillIWin?
    07-24 12:24 PM
    This is my law firm. Seems like they have submitted many applications (140 + 485 concurrently) WITHOUT the employment offer letter.
    Anyone else with this firm ? Also I see that there are people who have already sent in their 485 applications. My 2 cents:

    - Dont send in multiple 485s (with the same underlying I-140. Multiple 485s with multiple I-140s is fine). Higher chances of rejection than just a missing employment letter.

    - If your lawyer is a relatively reputable firm, then chances are that they have done this in the past and have not had any issues. So chances are they know what they are doing.



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  • delhiguy
    07-04 08:38 PM
    I dont think lost GC numbers can be revived, After a Fiscal year is over the GC's are dead.

    Don't see any light at the end of the tunnel...

    How much numbers can we seek..to recapture from the lost EB numbers from previous years? 500,000?? There will be a hue and cry...new headlines "half a million cheap labor" etc.

    Unless something like SKIL is passed only other thing that would help India EB2,3 would be to use these recaptured numbers to be used ONLY for priority dates older than 3years or something like that. Even if achieve legislation to recapture the EB numbers.. unlesss we seek something like this EB India will be screwed for ever.





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  • DesiGuy
    09-11 11:12 AM
    hadn't the "subcommittee" already approved the bill and then it was presented to the "full committee".

    maybe once the subcommittee approves, the bill is ready to go to the house for voting?

    getting confusing, guru's please clarify.





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  • nashim
    01-13 02:59 PM
    can you please share your views and experiences of Symphony Corp (www.symphony.cc)





    conchshell
    07-28 01:59 PM
    Someone should close it so that we can talk about the more important matter of getting the green card faster.

    I would say let it go on ... because this is the kind of topic people really like to discuss. It breaks my heart to note that last week I started a thread to raise ideas about immigration problems ... lots of people went through it, but just a handful participated. Here is the thread:

    http://immigrationvoice.org/forum/showthread.php?t=20406

    So when people have lost focus, they are not interested in discussing the core issue anymore ... then let this discussion go on, on top of it may be we can also start reviewing bollywood movies here .... sorry for being sarcastic, but this the state of affairs at IV forums these days!!:(





    Ramba
    07-04 07:25 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.



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