varshadas
12-14 09:12 AM
Hello All,
This is a reminder to all to join the conference call tonight at 9.00 PM.
Thanks,
Varsha
This is a reminder to all to join the conference call tonight at 9.00 PM.
Thanks,
Varsha
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signifer123
02-13 11:50 AM
Dang it!!!!
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.
alex99
10-16 10:33 AM
Please participate in EB3 Poll
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senthil1
02-19 09:00 AM
My assesment is not based on any single case. If this comes as law then people who are here for more than 5 years will get gc immeditely. Because of that backlog will be reduced and waiting time also will be reduced for others those who are here less than 5 years and they will also get GC. Anyhow this bill will not be taken unless CIR is introduced
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
Dude I think you are happy because you are above 5 years here and I feel good for you. For myself, I donot want green card after landing on airport, I just want GC process to be improved for people <5 years. This bill will be just a onetime measure i.e. whoever has 5 years on the day it was enacted gets GC, it is not like if I am here for 5 years even after 2 months of passing the bill i will get GC. So, in all, fight for EB GC goes on and it has to be made easier than what has been done for illegal immigrants with >5year rule. People will <5years should not have to go thru same grind. This bill directly does nothing for EB apart from 'temporarily' taking out people with >5years to decrease backlog. That will be temporary. In fact, in long term, it makes EB difficult.
Again, people with >5years should be happy but not tell people with <5years what to do. We definately need to contact congress and Pres office to improve this bill to make it fair for legal immigrants too.
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Jaime
09-11 01:12 PM
This aint my fight... This aint your fight..
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...
There are miles to go before I sleep.....Well said! This is OUR fight! Let's go guys! EVERYONE TO DC!!!!
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...
There are miles to go before I sleep.....Well said! This is OUR fight! Let's go guys! EVERYONE TO DC!!!!
fetch_gc
04-09 09:15 AM
Pls count me in.
Thx
Please Participate in this...
Thx
Please Participate in this...
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greencard_fever
03-15 06:13 PM
what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
like Name check delays and Backlog elimation of LC was done in last 2007 which might possible that quite a bit of LC with PD 2002 - 2004 was got approved and were not able to file 485 because EB2 was "U" after August-2007
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
like Name check delays and Backlog elimation of LC was done in last 2007 which might possible that quite a bit of LC with PD 2002 - 2004 was got approved and were not able to file 485 because EB2 was "U" after August-2007
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Deaddocus
03-15 08:09 AM
Uhm, 3D Character design for a building?
more...
niklshah
12-10 11:35 AM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
there u go again... EB3 - EB2 crying continues.....from your post it looks that only EB3 is responsible for no forward movemant of EB2.. cool down dude thats not the only reason... be honest and tell in how many IV campaigns u have participated...? and also how many originally filled EB2 really deserve to file in EB3... I am pharmacist but we are in EB3 eventhough we required Pharm D now to get pharmacist license which is equivalent to phd.. so stop crying and start working on IV campaigns thats the only thing which will help..
there u go again... EB3 - EB2 crying continues.....from your post it looks that only EB3 is responsible for no forward movemant of EB2.. cool down dude thats not the only reason... be honest and tell in how many IV campaigns u have participated...? and also how many originally filled EB2 really deserve to file in EB3... I am pharmacist but we are in EB3 eventhough we required Pharm D now to get pharmacist license which is equivalent to phd.. so stop crying and start working on IV campaigns thats the only thing which will help..
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nandakumar
11-21 02:30 AM
I also got a letter with same information.
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
Today I got the second letter from USCIS regarding this request. The letter says they accepted the request and put in the pending que.
Also the letter says, "your request is deemed to constitute an agreement to pay any fees that may be chargeable up to $25.00" and continues and finally it says "most requests do not require any fees and if fees in excess of $25.00 are required, we will notify you beforehand"
Jusy wondering any one got this reply..
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acecupid
07-03 12:17 PM
Don't be ignorant, i am still bloody waiting for mine and counting!!!! :mad:
Problem is not country quota, its the ones with families!!! ><
I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
Problem is not country quota, its the ones with families!!! ><
I'm not being ignorant, if you are waiting, then there are many from EB non-ROW who have been waiting longer than you. How can you be so arrogant about waiting ? You choose to overlook facts about what EB category is all about. Its definitely not about diversity!
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bigboy007
06-20 12:27 PM
My friend I have seen many things in my 45 years life. But never have I seen as much bullshit in one post. If you are so smart that your invention could lose $3 billion in a quarter, why are you unemployed for last 1 yr? If you don’t have a job it has got to be someone else’s fault, right? This is not a new trend. While you are ok to work in a company started by an immigrant or in a technology created by an immigrant, you find it morally wrong for immigrants to compete with you, right? As if immigrants should be denied to right to compete with “real Americans”. And this “real American” thing is so full of it. You are real American because your forefathers came here in 1700? But weren’t your forefathers ILLEGALLS when they came here uninvited? In a fair competition environment you are not going to get any edge over others just because someone has lived here for 5 generations.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your “real American” thing is so bullshit because everyone loves to claim that they are only “real Americans” and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of “America” and you competition is “evil and against all Americans”. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about “real American”, “illegal”, “Chinaman”, “Hitler” etc., did I miss something? Hear me out because this competition is not going to go away with Sander’s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander’s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style “real American” because with your attitude you sure need a whole lot of it.
Well said, BUT No need to reply to ppl like these, they enjoy personal pleasure in these posts as they cant stop off-shoring and feel that their lawmakers are doing best to them, but they dont realize that this encourages off-shoring or displacement of workforce.
None of us came here uninvited. For last 16 years I am here LEGALLY at the invitation of my employer - an American enterprise which makes and keeps America great. Your “real American” thing is so bullshit because everyone loves to claim that they are only “real Americans” and rest everyone is fake. I find your portrayal reprehensible that only you are on the side of “America” and you competition is “evil and against all Americans”. This is not only stupid, but plain dumb.
Simple fact is this, you cannot compete with your competition and for that reason you have to throw out this bull crap about “real American”, “illegal”, “Chinaman”, “Hitler” etc., did I miss something? Hear me out because this competition is not going to go away with Sander’s amendment or any other human law. Even if I leave, I will take my job with me and I will continue to compete with you. I will beat you again and again at any fair competition, even from the other side of the globe. The reason is, you are not willing to improve, learn and compete. But you can continue to complaint and cry foul. Sander’s amendment will not do iota to get you a job because you have been conditioned to live on unemployment compensation. Best of luck to the self style “real American” because with your attitude you sure need a whole lot of it.
Well said, BUT No need to reply to ppl like these, they enjoy personal pleasure in these posts as they cant stop off-shoring and feel that their lawmakers are doing best to them, but they dont realize that this encourages off-shoring or displacement of workforce.
more...
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go_guy123
10-05 09:49 PM
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
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
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
Congratulations...did you get the client letter to satisfy the new Employer-Employee relationship requirement. Was your H1B approved for just the duration of the project.
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felix31
03-19 11:02 PM
At least you have the option of having consulting comp file your first H1.
There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.
the way its set now, only IT people benefit ..
My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.
Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
There are tons of folks in other non-IT industries that struggle to get an offer 10 months in advance... and get a place in the queue.
the way its set now, only IT people benefit ..
My friend got a teaching position and early contract, but when it came to the h1 visa, school county withdrew the offer. And this was for a shortage occupation too. They would rather go understaffed than file H1. And they did not find anyone else to fil the position.
Nowadays, getting a job and H1 has nothing to do with skills, experience, education etc. It's pure luck of being at the right place in the right time.
I am on H4 for the past 2years and this year I am trying to move to H1. The problem here is no big company responds to my resume.(Mine is not a cooked up resume. I have 6 years of experience and a lot of certifications). The only calls I get is from desi consulting firms. No US staffing firm nor BIG US firm sponsors H1s for first timers like me in US as we don't have US experience. They get their jobs done through consultants on Corp-Corp basis. Sometimes I am getting depressed seeing all this. May be I think I am forced now to go to a consulting firm to get my H1b because they are the only people who sponsor H1s in April to work in October which is 8 months from now. The system has to be revamped otherwise this system is going to exploit a lot of people like me. I cannot wait till we get a green card or work permit because it looks like it is a million years away from now. One thing I understood is that H4 dependents have no rights in this country and they talk about human rights violations elsewhere.
more...
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WAIT_FOR_EVER_GC
06-10 06:39 PM
Me and 10 of my friends at work have sent the email.
My wife and the wife's of friends have sent too.
My wife and the wife's of friends have sent too.
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praveen123
08-29 04:06 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
There is nothing wrong if you get trained as a fresher and get into consulting but i don't think its not the same way TCS, WIPRO, Satyam and Infosys etc..is doing. Those companies take you as fresher and they train u very well and you get the freedom of learning. Its like team learning.You need not to worry to say that you are a fresher. They also pay very less salary charging less billing with clients compared to the open market. But being a fresher in USA , getting trained , getting into a project , all these are individual hardwork and ofcourse more money.Once you are on client side you may not have much support as Satyam, TCS, WIPRO guys has. you can not say that u r a fresher and client expectation would be more since they pay high billing .
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
There is nothing wrong if you get trained as a fresher and get into consulting but i don't think its not the same way TCS, WIPRO, Satyam and Infosys etc..is doing. Those companies take you as fresher and they train u very well and you get the freedom of learning. Its like team learning.You need not to worry to say that you are a fresher. They also pay very less salary charging less billing with clients compared to the open market. But being a fresher in USA , getting trained , getting into a project , all these are individual hardwork and ofcourse more money.Once you are on client side you may not have much support as Satyam, TCS, WIPRO guys has. you can not say that u r a fresher and client expectation would be more since they pay high billing .
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pappu
07-23 03:06 PM
Employment letter is a MUST. Without this letter, your application can be denied without even an RFE. Read the latest USCIS memo. Please tell your lawyer and HR.
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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.
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.
hairstyles Gene Simmons
sweet_jungle
02-15 03:14 AM
I have heard that there are desi consultants who sponsor H-1 for people graduating with Masters in US, irrespective of which field they are in. Is this true? Sounds a bit fishy to me.
chmur
09-11 03:04 PM
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Check with latest Inventory data - 05/2010
Also - where can i get the demand data you are referring to ??
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
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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