satysh
07-17 03:59 PM
NumberUSA removed the fax now.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
http://numbersusa.com/faxcenter
Our collective effort worked. Knowledge & truth always wins. We need to put collective effort to research and attack the contents of these kinds of groups.
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alex99
11-02 04:44 PM
Bumping..
drirshad
06-30 08:38 PM
It has never happened in the history that they revised any visa bulletin, just hope for the best & pray .......
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mbawa2574
02-15 02:06 PM
http://www.workpermit.com/news/2007-05-16/us/h-1b-visa-outsourcing-abuse-investigation.htm
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
This demand came from Communist Senators like Durban who are anti-immigrant and their opinions don't matter on this website. Durban is all for illegals but they hate progessive immigrants. If it is upto them then someone who is here illegally should get a GC before you. What you say about that ?
more...
nojoke
09-18 11:12 AM
Economy is falling, people are losing jobs, fuel prices are rising, depressing is coming, housing market is going down. Look at the brighter side, if you invest in constructing industry building apartments you can make money now.
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Those smart people are not in charge. The people in charge were saying everything is fine and go do shopping
Jokes apart, what were the people smarter than me and you doing to prevent all this from happening?. Weren;t they smart enough then?.
Those smart people are not in charge. The people in charge were saying everything is fine and go do shopping
pappu
01-10 12:48 PM
Some people are already doing our job.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.
http://www.zazona.com/NewsArchive/2006-12-26%20Renewed%20Push%20for%20H-1B%20Increase.txt
This shows that we have anti immigrant members and visitors amongst us looking for IV updates and our actionplans. sometimes such people pose as annonymous users and contact IV asking for updates without revealing who they are and doing anything constructive for IV. We try to be cautious in such cases. Its good that they quoted us as it shows that we are a force to recon with.
more...
PavanV
06-08 06:26 PM
My labour cleared in 2009, i guess i need to wait for 10 yrs more !!!, not good , not good at all :eek:
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ns007
04-21 08:27 AM
Sorry, did not see this thread before.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
Please let me know if you still need someone to call members. I am available until 4pm EST today.
Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.
more...
lazycis
12-20 08:49 PM
Well, I moved a lot since 2001 and I don't know if the IO sent any documents to my previous address. Yes, I have unexpired H1B visa till Oct 2002(I-94 valid until Oct, 2002). In Apr, 2005, I went to Canada for stamping of my new H1B. I again made an appointment in Jan, 2008.
No worries for you, if you were inadmissible they would not let you back into the country.
No worries for you, if you were inadmissible they would not let you back into the country.
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Since1997
08-15 05:28 PM
The reason for availability is:
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
D. EMPLOYMENT PREFERENCE VISA AVAILABILITY FOR SEPTEMBER
Due to the return of unused July numbers by consular posts abroad, and the limited amount of pending demand eligible for final processing at consular posts, it has been possible to reestablish cut-off dates in many of the Employment preference categories.
more...
diptam
06-30 10:48 PM
Yes - USPS express mail is next day. But you may not find a open Post office to post the Mail on SUNDAY.
I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.
USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
I'm not sure if you drop it in a Express Mail drop box tomorrow if they will pro-actively pick up and deliver by Monday - Probably No.
USPS express mail is a 365 day service so far as "Delivery" is concerned but not from a "Pick up" standpoint probably
If FedEx doen't help try USPS, they also have overnight delivery.
If you handover the document on Sunday evening before 5.00 PM, by Monday noon it will be delivered.
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mbawa2574
02-17 09:02 AM
don't worry my friend.. it's not u.. that dummy has been using this fascist style of discussion on all threads
just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)
Since you support racism, looks like fascism is in your blood. Looks like you belong either to some neo-nazi fascist gutter country or u got some relationship with nazis. No mentally stable person can support racism. Again this is a forum which has a Indian and Chinese majority. We will kick your ass if you offend them with your damn racism or white power mentality.Now go and crawl in your gutter you cockroach.
just ignore him.. it infuriates him like hell.. u'll be amused with his later responses :)
Since you support racism, looks like fascism is in your blood. Looks like you belong either to some neo-nazi fascist gutter country or u got some relationship with nazis. No mentally stable person can support racism. Again this is a forum which has a Indian and Chinese majority. We will kick your ass if you offend them with your damn racism or white power mentality.Now go and crawl in your gutter you cockroach.
more...
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perm2gc
12-27 12:58 AM
one more
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optimystic
03-17 03:36 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.
Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.
As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)
Bottom line, people moving away from EB3 to EB2 queue does provide relief to people remaining in the EB3 queue. Since now there's 'x' less number of people competing for the 7% visa numbers.
Its a different matter that the spillover from ROW is going to benefit EB2 queue more than it does EB3. But that's a different point. And in fact, if EB2 starts moving faster because of this spill over, hopefully more Eb3 people jump ship to Eb2 queue . In that case the ROW spillover is indirectly going to help people who stay back in Eb3 queue.
As for myself, I have Eb3 India PD of May 2001, which is very close to the front of the queue. So none of this queue jumping or spillover will affect my status much :) . On the other hand the USCIS' ability to sanely act in a FIFO order does ! But thats impervious to any external factors :)
more...
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senthil1
10-15 03:01 PM
It is not good to use Gandhi name in this. He fought for poor and downtrodden people. He fought against discrimination. And also he lead freedom fight. Because of his simplicity and leadership so many people sacrifice the life for the success.This case is not even close to that. Most immigrants and potential immigrants are within Top 20% of US population. Also there is no viloation of law or human rights. Immigration is controversial issue and there is a feeling that other people are impacted by immigration(It may not be true).
Real protest is leaving country but that will not have any impact as there are many people waiting in India and China to fill the position if anyone leave. Best method is lobbying and waiting for ecomomy to improve. There is bright chance for CIR in 2009 and lobbying that time may bring good results.
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
Real protest is leaving country but that will not have any impact as there are many people waiting in India and China to fill the position if anyone leave. Best method is lobbying and waiting for ecomomy to improve. There is bright chance for CIR in 2009 and lobbying that time may bring good results.
If Gandhi would have thought the same way!
We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.
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go_gc_way
12-31 04:06 PM
Thanks srikondoji
http://o3.indiatimes.com/just_woke_u...1/3243970.aspx
srikodji has a suggestion , i.e to modify the template I gave in the first post and post it. This because a search engine like google does not penalize for duplicate content. A valid suggestion.
Others who have spent that 15 min !, please post your comments and details on this thread here and KEEP THE MOMENTUM GOING -- YOUR 15 MIN IS GREAT HELP.
http://o3.indiatimes.com/just_woke_u...1/3243970.aspx
srikodji has a suggestion , i.e to modify the template I gave in the first post and post it. This because a search engine like google does not penalize for duplicate content. A valid suggestion.
Others who have spent that 15 min !, please post your comments and details on this thread here and KEEP THE MOMENTUM GOING -- YOUR 15 MIN IS GREAT HELP.
more...
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at0474
12-22 12:24 AM
lazycis,
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
Thanks for the quick reply.That was useful information. I also read the document on the link you posted.
This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.
However, her pending I-485 seems problematic.
Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...
Thanks.
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apt29
11-11 05:00 PM
Is there any IV member in DC willing take up this task, while we work on document?
The next step is really to get an appointment with the official. We can get signatures/representation much easily.
The next step is really to get an appointment with the official. We can get signatures/representation much easily.
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bank_king2003
02-09 10:32 AM
I am tempted to think the same way ... although I am not sure.
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
By the way .... I don't understand the difference between unused and wasted. If I am not wrong, waste happens when a) visa number is issued and is never used in a fiscal year. b) visa numbers are available but USCIS isn't able to produce enough demand.
i guess he is talking about your case a)...
although it might be his own opinion which could be wrong but seems from his forums he does tell you valid points time to time....
qplearn
11-24 11:02 AM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
--------
I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
Yes this is correct. If you have an approved I-140 and your I-485 is pending for 180 days, the employer cannot revoke your I-140 unless there is fraud in getting the I-140. If you have done joint filing of the two, if you get your I-140 within 6 months of the joint filing, you can change employers immediately after that. Of course, you can't just go to any employer; it has a to be a similar job.
nixstor
07-04 08:56 PM
Excellent analysis but it does have flaws
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.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
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.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
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.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
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.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
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.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
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.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
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.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
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.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
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.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
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.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
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