hsingh82
06-11 09:36 AM
Reply I received:
Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.
If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.
If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.
Warmest Regards,
U.S. Senator John Cornyn
Thank you for contacting my offices. Your correspondence has been received, and we will respond to you as quickly as possible. A copy of your message is attached below for your records.
If you need immediate assistance regarding an urgent problem you are experiencing with the federal government, visit the "Help With Federal Agencies" section of the website for details on how to proceed so that your difficulties are brought to my attention as soon as possible.
If you are seeking information or services from my offices that are NOT related to my Legislative duties, please visit my "Services For Texans" section for more information.
Warmest Regards,
U.S. Senator John Cornyn
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aps
08-09 12:20 AM
:rolleyes:I mailed my I-485 application on July30 and it is delivered on next day.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
My lawyer send me the I-485 froms before the july 30, 07 y revision and i used those forms for filing. But, FAQ3 released by uscis today states that we have to use the form version dated �7/30/07 Y�. . WHAT IS THIS? Do i have to resend the application again? More over i do not see difference between these two forms.
I have copied the question from faq3. It is the first question.
Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
A33: The current I-485 form version dated �7/30/07 Y� should be used.
Please explain if you have any idea about this.
sukhwinderd
03-15 10:13 AM
some you of have offered accomodation. i sent private messages, but i am unable to reach these individuals. people offering accomodation please email me directly with address/phone#/details of accomodation offered directly to 2011carpool@gmail.com
time is short and i need to accomodate visiting members.
time is short and i need to accomodate visiting members.
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dressking
09-28 05:13 PM
What irked me is the attitude that they will take your money gladly but don't want you there.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
I have met a British guy here in New York who was like that. He loved the money, and always smiled to me for the money. But he never even want to lift a finger for the money he has been paid to do. And he despised me and was ashamed of having to talk to me because he was surrounded by some Southerners who were equally racist.
In fact, he even scammed me for money. And he was a businessman and now a CEO of a corporation.
more...
justAnotherFile
07-01 09:59 PM
in 2005 visa bulletin...
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, 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. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2712.html
they are clearly violating their own stated policy.
it also proves that the USCIS rate of adjudication was very slow until june 13, and they have been doing extraordinary efforts to approve petitions since then to avoid the predicament of recieving 200K applications on july 2.
I guess they have 40 K approvable/approved petitions by today. And are going to use up those tomorrow to make numbers unavailable and force DoS hand.
But question is how long does it take for the USCIS to request and recieve those numbers on MOnday.
WHAT CAUSES THE ESTABLISHMENT OF CUT-OFF DATES?
The Visa Office subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, 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. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
eb2_mumbai
02-09 01:31 PM
Why am I not suprised with this news?
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
I think it is self evident that even though there is some spill over I think large number of visa's are getting wasted. Else last year we should have seen better movement than just wrapping up 2004. In 2008 there were so many people with 2005 & 2006 PD who were approved. I think it was either inefficiency on part of USCIS or a go slow directive from the administation that has caused visa wastage.
more...
bharol
07-28 01:16 PM
can the person who started the thread tell me how is this issue related to Green card backlog or any other immigration related issue?
:mad:
:mad:
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pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
more...
ItIsNotFunny
10-17 02:38 PM
What did we achieve? Didn't come out with common agenda!
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sam_hoosier
07-02 12:51 PM
I support it.
more...
singhsa3
03-03 06:44 PM
Some of the data can be obtained from here
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.
Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.
http://www.foreignlaborcert.doleta.gov/pdf/PERM_Data_FY07_Announcement.pdf
of course it is not complete but gives a good glimpse.
Now, you show me your 10 billion dollars :)
Might not be extrapolation, but gross misrepresentation. Have you taken a poll or do you have any data to justify all the numbers you are including in the e-mail? If yes, then include the links for that in the letter, otherwise no one is going to believe you.
Why, I can say, I have 10 billion dollars which I will donate to USCIS to improve their system if I get a GC right now.
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bec
10-15 04:53 PM
Please wait and watch for couple of months. You can keep writing to congressmen, ombudsman, push for visa recapture in lame ducks, ask for more transparency into the process but please don't send any flowers now and try to embarrass any govt organization directly. We don't know what effect its going to have.Instead go through the Ombudsman to voice your concerns.Finally, please get the consent of core IV before you attempt this.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
We really, really want EB2/3-I folks, especially those who have been waiting for 5 years or more, to get out of this gc process as painlessly as possible.
more...
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grinch
03-09 07:22 PM
entries due tomorrow, and I don't know what I'm gona do with mine. I want to fix so much, but theres no time, I'll get my final render in tomorrow
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zen
04-07 10:09 AM
it is good to hear from Pappu that IV is ready to take up this issue ...but till someone comes foward ..can IV focus on other issues like recapture, removal of country limits etc (there is no shortage of issues where focus is needed)
------------------
no comments from anyone regarding the above ?
------------------
no comments from anyone regarding the above ?
more...
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gccube
02-20 04:58 PM
Hope it gets there by the end of this year atleast.
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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..
more...
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delhiguy
07-04 08:03 PM
Excellent
I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.
If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.
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.
I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.
If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.
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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samy
11-12 02:40 AM
IV core should have two focus: long term plan and a short term plan.
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
Long term plan is anything that involves visa increase.
Short term plan is anything that does not involve visa increase, but that provides some kind of releif to us. A no-nonsense, non-controversial and simple measure that can be added to an appropriation bill is a best example.
I hope the core is reading this post...
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onemorecame
10-15 01:18 PM
any one got approval after submitting recent RFE?
gc28262
04-10 11:14 AM
Time and again I am telling. EB 3 problem is due to 245(i) cases. Once 245(i) primaries are over, their dependent will come into the picture, who are waiting back home. All 245(i) cases have PD before April 2001. For time being, EB3 I or Mexico move beyond April 01 but again retrogress back to the April 01 when cases are accumulate at CP. This is the reason why EB3 I and Mexico is not moving since last many years.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
I agree with your observations except the point that it will retrogress again to 2001.
As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.
Please correct me if I am wrong.
If some one is not convince with me, request under FOIA
1. How many cases filed under 245(i) in India, Mexico, and ROW
2. How many cases filed under I 824 Follow to Join since 2007?
I agree with your observations except the point that it will retrogress again to 2001.
As dates have moved beyond April 2001, I don't believe there will be any more 245(i) s coming into the queue. Dependents of 245(i) applicants would have a PD of Apr 2001 or before. They already got their GCs by now. 245(i) applicants would have filed for their dependents already. If these 245(i) applicants file for relatives, they WON'T have 2001 PD.
Please correct me if I am wrong.
actaccord
03-14 05:54 PM
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