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  • WillIWin?
    07-24 01:36 PM
    If I-140 has been certified OR application has already been submitted, then maybe you DO need a employment letter - to prove that the job is still available.

    If I-140 and 485 are being submitted concurrently, then OBVIOUSLY there is a job offer (thats part of the reason the I-140 is filed by company) and maybe the employment letter is not required.

    My thoughts.

    With the new form available on uscis web site.
    It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.

    So we should attach it . If not now, then you will get RFE. Why to get RFE ?





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  • vin13
    11-11 09:49 AM
    vin13,

    This just beats me..Why was the conference call idea for such an important issue floated only in the Donor Forum. Fine, the Donors pay and they deserve to have some information. But if you need bigger participation from IV members, the conf. call idea should have been in the General Forum as well....

    Anyways, can this still be arranged ? I would love to be a part of that in any possible. Please let me and all the other members know.

    It beats me too...Everytime you try to discuss this quarterly spillover on the regular forum, we get more Red. People start to fight between EB2 and EB3.

    Atleast i have done something about it by getting this draft. I am quite discouraged at this time because of lack of effort by members even after so much discussion about quarterly spillover in several threads. Are you willing to organize the conference call? Let me know and i will participate. Before demanding from others, Let me know what are you willing to do about this.





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  • veerug
    07-04 12:31 AM
    I have great respect for some of the core members i know. They have done lot of work to make this forum successful. But i always think that you can increase participation if you make things more clear and take comments in a positive way.

    I am sure many guest members or other frequent visitors to IV website get the impression that there is always a fund drive for something or the other on the IV Website homepage and there is always a target amount which never seems to be met.

    I understand that there are expenses to maintain the website etc, but here we are talking about fund drive for lawsuit. Sometimes I wonder what will happen if you can not collect $5000 so will you wait to file a lawsuit until you collect $5000? May it will be too late then. What if you collect only say $4000? How do you decide these arbitrary numbers?

    Are you planning for a separate litigation from that of AILF? How will you complement the effort by AILF with money?

    Hey, who am I to ask these questions! These are some of the questions on behalf of hundreds of members who need to know more to actively participate to make it a success. There is no reason you should take it in a negative way.

    Veeru

    I will sleep less stupid tonight!!





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  • qesehmk
    02-12 01:28 PM
    pbuckeye, , You are still more concerned about what immigration body shop has to say than the facts and numbers on the ground. I am confused :confused:

    This whole thread is about what Ron Gotcher published. I didn't start this thread. I am only contributing my view that based on available information some things make sense and some dont. The things that do make some sense is wastage of visa numbers in 2010. We have some facts to support the "theory" but not enough.

    What doesn't make sense is Ron's assertion that USCIS wasted 13K EB visas in 2009. Facts simply don't support that.

    Does this help? (Again this is my view... don't want to push it onto others)



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  • leoindiano
    02-18 08:25 PM
    I dont think it will be passed. They included so many things initially. After discussion they will drop the thing one after another.

    There are two sections related to us.
    TITLE V--LEGALIZATION FOR LONG-TERM RESIDENTS
    TITLE VII--EMPLOYMENT-BASED IMMIGRATION

    If this bill passed then it will create one grand huge backlog for all countries and for all category of immigration. WHY?? Because for Title V they will ask for proof and then again finger printing for FBI check and I dont know home many paper work. If they simply increase the GC #s it will work for us. We already have completed the paper work and standing in Q.

    Agree,

    this is such a waste if it passes. I am sure there will be another application like (I-420). Another Q you will have to stand in and wait...wait...wait...





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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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  • lost_in_migration
    08-15 04:24 PM
    That was my day-dream while sitting @ office ;)

    They should have continued down to EB3 w/ those dates..!





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  • ArkBird
    02-19 05:34 PM
    I wish congress spends atleast 10% of the time our fellow IVans are spending here to discuss this bill!



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  • canleo98
    11-22 02:24 AM
    I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!


    Here is your lifeline :D :) :
    http://www.uscis.gov/files/pressrelease/afm_ch22_091206R.pdf





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  • PHANI_TAVVALA
    05-15 03:59 PM
    Dont take current year as a standard (unless you believe that things will get only worse from here). About your ROI description, it is very generic. Each person has to take his or her personal circumstances into consideration before making this calculation. Another problem with this ROI calculation being applied to engineers (I am one too) is that our initial salaries tend to be high but we tend to hit a ceiling around the time we hit 30 (what next after project manager or product manager?).

    One more important thing to think about is what do you want to do in life. If MBA can get you there, there is probably not much meaning to this ROI calculation as you cannot put a price on ability to do what you wanted to (and be happy). This is precisely why I said find out why do you want an MBA in the prior post. That is the most important part of this discovery process. I understand that lives change and people change, which is why it is important to talk to people who have "been there and done that".

    I agree this is a bad year but this was an article from 2006. I also completely agree that people need to pursue M.B.A with the aim of improving their skills or with the aim of improving their marketability or future career growth but then once you pay the big bucks it alwyas filters down to ROI. But spending 2 years of one's life at a full-time school shelling out 100's of thousands of dollars (especially if it is out of their own pocket) will make sense only if one can justify the investment in terms of dollars. People expect sunk costs to be recovered in the future. Investment banking and finance offered that opportunity to M.B.A professionals where they could draw anywhere between $300k-450k in base salary alone apart from millions of dollars in bonuses. Going into the future, the current socialistic government will keep tabs on such exuberant pays.

    I weighed all these when deciding to start part-time. I always wanted to be a Mechanical Engineer and I want to be associated with my field for rest of my life. My intent of pursuing M.B.A is to move up the ladder quickly in Engineering/Technology Management.



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  • gc_lover
    07-18 08:00 AM
    Hi Guys,

    Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."

    I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.

    So please post your information as to when your app is received at USCIS.

    Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.

    Thanks.

    Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
    If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.





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  • psczd4
    09-26 12:13 PM
    Great work folks!!!�

    I am not being pessimistic here but the whole article is more tailored towards H1B visas�Green card is masked by the H1B (that is the way I read this) Should there be not a similar article with an analogy about the backlogs and how this impacts the US economy?



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  • andy garcia
    09-10 11:58 AM
    Many are : they jailed themsleves inside their closets

    Are you saying that whoever is happy in their job without a GC is in a closet or jail?





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  • natrajs
    04-23 08:46 PM
    All,

    Opened my email this morning to see the card production ordered email (time stamp in my inbox reads 2:15 am PST 4/23/08); the approval date was 4/23/08.

    Been in meetings all day so not even a chance to call anyone about it.

    Yay!

    Good luck to all my fellow sufferers!

    Googler

    Congrats and Best Wishes



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  • snathan
    03-30 04:06 PM
    Did you read undocumented guys are trying to push their cause and by putting legals aside, which the goverment seems to be hearing. What makes you feel we must wait.. Just because you cannot contribute anything except for yourself. .People waiting for close to 10 years are usually in a position to create value and they are tied to this backlogs. We know EB2 is going at some pace.. How much time do you think is needed for EB2 to be in bin, into the same state as EB3 is in, right now.

    Yes...Mr.Suriajay. No matter how many Ids you are coming with. I am not going to let you go until you post your forgotten $50 check. What happened to that check





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  • JalwaeJana
    11-12 02:12 PM
    Guys

    So are we having a conference call or have we decided that we should individually write letter that has already been drafted.



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  • justAnotherFile
    12-30 05:25 PM
    this is mostly a san-diego base community not sure how popular it is in other cities.

    http://www.sasural.com/san_diego/classifieds/counseling/view/?10841





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  • immi_2006
    09-26 10:29 AM
    Check this

    http://morejazzbythebay.wordpress.com/2007/09/26/cnn-misreports-purpose-of-immigrationvoice-rally/

    Lets spread the message....





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  • gulute
    06-11 02:11 PM
    done





    desi chala usa
    09-18 02:32 PM
    Reading the posts about the economy has just shown me how ignorant many of the IV members are.

    The economy is just going through it's ~10-year cycle. While it is a concern, it is NOT the end of the world. It just strenghtens USA's position in the world. Once again, it has proved that "if USA sneezes, the world catches the cold". The 10-years economic cycle follows a kind of Darwin's Law of the Fittest. The firms that are bubbled up get washed away, the economy cleans up and rebounds back. The 1990s saw it, the year ~2001 saw it with the dot.com burst and ~2009-2010 is seeing it with the mortgage burst.

    While it is each one's perogative as to what you want to invest into (good time to buy stocks, or buy gold), another thing to understand is FDIC does NOT insure just 100K per account in each bank. There are multiple ways to increase this insurance to over $2 million in the same bank by opening different type of accounts or having different beneficiaries. Consult your bank for details.

    No amount of govt. intervention can change the economy. It has it's own mind and will take it's own course.

    There is no need to panic, pack and run.

    Let the economy go through it's colon flush.

    Please do not forget during 2001 - 2002 how many H1b friends packed and run away......Please think in terms of H1b people.....245(i) is saving you only up to 180 days.....if the person is crossing 180 days means he is all set for next 10 years to come back to U.S.A.





    unseenguy
    02-13 08:13 PM
    This is ridiculous; no one asked you to come to this country.

    Nor are you entitled to anything besides what they chose to bestow.

    Remember that.

    Ridiculous - Did anyone ask Jews not to come to Europe? Did anyone tell you ever to file a green card?



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