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  • DallasBlue
    01-24 11:06 PM
    IV members,

    We need to come up with some great ideas like "flower campaign". Something that will mobilize IV members.

    Let us not be pessimistic. There are thousand of reasons that one can think of why the new administration may not act soon. But that should not stop us from making our cause being heard. The new adminsitration has been taking many decisions that are not economy related. Economy is their #1 priority but it is not their only priority.

    The visa recapture issue has been pending for a long time now (atleast 3 years). Either we continue to wait and suffer and remain frustrated or we take some action. Choice is ours.

    PS: Let us be civil. I second using non-accusatory language on this forum.

    How about we start writing letters to the WhiteHouse/President on

    (i) Eliminate per country quota limits
    (ii) Recapture the lost visas
    (iii) Porcessing dates cannot go back

    for administrative fixes ?





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  • vivekm1309
    07-17 03:28 PM
    let us keep fighting /exposing these liars.

    Great ..the tax related point has been removed. I did write to them that my lawyers will be contacting them with proof my tax returns.

    Let us attack more points ...finally they will shorten this fax message to one point ...:)





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  • greencard_fever
    07-18 04:42 PM
    My calculations

    Total pending cases : 400k (came from Ron Gotchers post)
    Acceptance rate : 75%
    Total applciation that can be approved : 300k

    40% indian applicants (approvable) : 120k
    40% EB2 India (approvable) : 48K (can range between 40k and 60k)
    60% EB3 India (approvable) : 72k (can range between 60k and 90k)


    References
    Ron Gotchers post
    http://www.immigration-information.com/forums/showthread.php?t=5456

    Good calculations but your numbers till what PD? is it upto date.. i mean who ever had LC approved till July-2007 or just PD's between April 2004 to Jun 2006?





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  • jonty_11
    12-13 10:13 AM
    Count me and 2 more members with me....lets have a plan..and execute it.



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  • 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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  • mbawa2574
    02-15 04:59 PM
    Well, US government thinks otherwise about my (or USCIS') logic. If you think it is unfair, you can sue them. I won't stop you.

    US government thinks that Indians and Chinese don't mix up with other races. Are u on drugs ??????????????????:mad:



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  • ramus
    07-02 06:01 PM
    Thank you.

    Who is next please? We have spend tons of money from last month.. Can we just contribute $100 for last hope. At least we will feel we gave good fight back..



    So far most of us have spent about 2 - 3k, lost invaluable time with stress & had sleepless nights.

    DOS & USCIS should not be spared. Lets help IV & try our best to sue them. I just contributed $100.00 and will continue to contribute until the suckers are sued.





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  • Ennada
    12-10 08:10 AM
    http://mumbai.usconsulate.gov/cut_off_dates.html



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  • CR1
    04-16 08:56 AM
    Thanks Vijay. Does anyone else have anything to add?





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  • k3GC
    11-10 10:06 PM
    IV has people on the national advisory board that include the previous USCIS ombudsman, what is their take on this? I have not seen any thoughts from such experts that support this organization on this issue of quarterly spillover



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  • va_il
    07-04 07:48 PM
    Details behind your theory and their source information please





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  • vkrishn
    07-13 09:05 PM
    I called at 5PM PST after looking at USCIS website and had to enter "3" (Which basically says you have a problem with your case) after i enter my receipt number to talk to a rep. Spoke to a Rep and filed a SR. They have given me Aug 12th as the "target date" by which i should get a response. I am ok with an interview as my case is pretty clean and don't see a reason to be denied. As long as i know that the case is being processed i am ok.

    Thanks anyway wait_for_ever_gc.

    To the person who asked me whether i work at Cisco? : No i don't..



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  • qesehmk
    02-11 07:31 PM
    So, according to you, what happens when no action is taken for assigned visa number?

    What matters is number of visas used. Have you looked at the numbers?

    I actually was saying I agreed w you. Read my post again... I was trying to say a few things over and above...

    Aside from that, I have questioned Ron's correctness on this particular issue well before you produced that data.

    Also if people somehow do not want to pay attention to facts then so be it.. Why be rude?





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  • pappu
    07-01 06:11 PM
    Everyone is busy partying.
    No we are not partying. Welcome to IV. Please update your profile with full information. Thanks.



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  • amsgc
    03-16 04:51 PM
    It is good to see a sensible post in a long time.

    Last Nov. I had gone for my biometrics and met this Chinese guy whose EB2 PD was somewhere in Jun 06 (EB2 China at the time was Jan 06). He was very confident that he will be current in a few months, and just rejected my efforts to recruit him (for IV). Well, it is now a few months later and the EB2 China PD is Dec 03. Unfortunately, because of the arbitrary movement in the visa bulletin, many people seem to think that their PD will be current soon. The truth of the matter is that the number of people in line (w/ or w/o labor sub, pd porting etc) is just very large. So, even if your PD becomes current, there is a slim chance that it will be adjudicated, and you will get the visa number assigned to your case, before the dates fall back again. Only a handful of very lucky people will get the GC, but for the majority, the frustration will continue.

    The only way is to lobby congress for increasing the 140k cap. If they are not willing, then recapture numbers, exempt dependents etc. If even that is not acceptable this year then atleast lobby for admin fixes in the IV agenda - such as 3 yr. ead/ap, ability to file when PD is not current, and relax the AC21 rule further regarding proof of a valid job offer at the time of adjudication.

    most people who filed LC in 2004/2005 before PERM got approvals in 2006 and 2007 and have only got a chance to apply for 485 in July VB. There are 10s of thousands of such people with that LC and EB2-India. When was the opportunity to get approval?



    without an administrative fix, and with the current levels of demand and supply I would say its NIL. It needs to be a mistake...

    Also, with H1 quota possibly going up this year or next, expect even more demand, and the dates will probably not be current for atleast a decade. The demand is going to go up (more H1s filing for greencards) and supply remaining the same (140k + country-limits etc)





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  • sweet_jungle
    04-22 12:42 PM
    [QUOTE=caydee]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.

    I believe two IV members were on the dais. But, I do not know their names. Who were they? Were they the ones who met the Congressman later?



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  • shahrks
    02-02 03:56 PM
    Just wanted to make sure that the organizers are aware that the 4/4 and 4/5 dates will fall in the middle of Cherry Blossom Festival in DC and specifically in and around the national mall. Travel and stay could get little expensive. Just wanted to make sure that this gets on to the radar. On the more positive note, lots of IV members will get a chance to visit DC during the most beautiful time of the year. Will attend anyways and will spread the word.

    National Cherry Blossom Festival: The Nation's Greatest Springtime Celebration (http://www.nationalcherryblossomfestival.org/)





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  • vagish
    07-16 06:16 PM
    Following up on the NYTimes article about the NumbersUSA group, I visited their website and saw that they have a free FAX program where they can easily send faxes to their senators.

    One of their fax letters is below, which is a complete mis-representation of truth - look at point #2.

    ================================

    Dear [This fax will go to Your U.S. Senators and U.S. Representative ]

    I oppose any increase in the annual H-1B visa cap, including those in the SKIL Act. I am counting on you to oppose it.

    Here are just a few reasons why I hope you will oppose the SKIL Act:

    (1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.

    (2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.

    (3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.

    (4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.

    The result of the SKIL Act would be to further depress the wages of Americans working in high-tech and scientific fields and to cause additional job displacement for those workers.


    Sincerely, [Your Name Will Appear Here]

    ==============================================

    Is there any way we could let the senators know that this is complete lie, misinformation and mis-representation of facts?. We should also let the senators know that the credibility of these organizations are questionable and following the news/faxes from these organizations would in turn put the credibility of these senators at a BIG RISK. We also should let the senators know that these groups are artificially "hiking" up the count by sending in duplicate faxes.

    Also, I recommend creating a similar page in IV website, where we can have an automated 1-2-3 STEP fax facility where we can automatically fax a letter to senators. It should be as simple as selecting the state and pressing the Send Fax button. Please let me know if you need any programming help from me.

    Thanks,
    Sanjay.
    IT IS A SCREWED UP ORGANIZATION !!!!!!!!!





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  • seahawks
    06-10 05:49 PM
    sent, also forwarded to friends.





    eilsoe
    03-08 04:24 PM
    right, march 10th :lol:

    sorry.. had my head somewhere else at the time... :sure:





    Green_Always
    08-08 09:39 AM
    Add Wachovia now acquired by Wells Fargo to the list. They don't even do H1 extensions.

    Really ?? My Friend works there and he says he is getting his H1 renewed and also applying for GC. He works in NY Office in Manhattan and he often travels to NC.



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