Saturday, June 18, 2011

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  • ssss
    11-14 05:23 PM
    There seem to be less EB3 cases filed post PERM. May be due to retrogression every one started filing EB2

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  • mlvats
    06-10 06:23 PM

    My wife is working with a company "A" in India and have filed for H1 through a company "B" in USA.
    Currently she does not have any VISA.

    Can her current company "A" apply for L1 and she can come to USA on L1?
    And suppose she can come to US on L1 through company "A", What happens if her H1 gets approved through Company "B", Can she still continue
    working for Comapny "A".?

    Thanks in Advance.

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  • pappu
    02-11 08:44 PM
    141,020 visa numbers used in FY2009

    Look at the last page.

    The worldwide level for annual employment-based preference immigrants is 140,000. So the usage was actually more.

    Not a legal advice.

    Good to see your post. :) Your posts are very helpful and educational to IV members Thank you.

    If someone thinks visas are being wasted please send us the proof and IV will take action.

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    07-13 12:33 AM
    well most the people are blood suckers ......until they grow up !

    When they are a small start up firm they work for you ...after that it is the clerk who works for you not even a legal person.



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  • kramesh_babu
    07-27 08:44 PM
    But I do understand your point though, FYI. I already left them last summer in good terms and I still have good relationship with them. I also referred few of my friends (who had bad experience with their employers and wanted to come out) to ECG and never heard any issues from them yet :)

    Other than the above, I really do NOT have anything else with them, TRUST ME dude!!!

    Are you sure you are no way associated with them (of course, other than being a consultant to them)? ;)

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  • akhilmahajan
    09-19 11:27 AM
    What ever stopped the people in MA/NY/NJ to board the buses stopped the people in DC/VA/MD to get on to the Metro train and come to the rally. Its not the distance, as it may seem to you and me, But Its the lack of will, lack of commitment.

    If people think about San Jose rally and think it was a huge success, people showed up in 2 days yada yada.., there is a diff reason. Does it even need to be mentioned?

    All that I can tell you guys is we did more than our best to get the locals to get to the rally. We can only call/email them or give flyers and let them notify. The final 6 days, our active members had stood out at every place they could and distributed flyers to 3000-3500 people. All the six weeks they have been doing spreading the word.

    I hope your message was just expressing disappointment by the turn out an was not actually questioning the commitment of the people who worked on this.

    No body please question the commitment.
    About the reason only GOD knows.

    Buses were arranged from MA to DC, Tri-state to DC.
    Buses were fully funded by IV. We just requested ppl to hop on and fight for their own cause.

    Ppl were given every single thing to their doorsteps. We made phone calls, ran email campaigns asking and requesting ppl to share thei questions/concerns. What we did, we did it to our best. Rest is up to the ppl how much badly a change they need.

    So, i hope ur post was to show ur disppointment with the ppl who did not show up, but not to challenge the commitments of any of the volunteers.

    GO IV GO


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  • vxb2004
    04-23 08:21 PM
    Great news Googler! Enjoy ur freedom friend....:)

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  • vin13
    02-22 06:44 PM
    I am keeping track of the air miles donors and those requesting tickets. I may not get the time to acknowledge receiving the messages.

    I will reach out to individuals as i get to coordinate the available miles with those who are in need.



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  • Administrator2
    04-21 10:23 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 ns007 and other members who have send PM today offering to volunteer for this initiative.

    gsc999, ArunAntonio, pcs, newuser, willgetgc2005, pasupuleti, caydee, gcnirvana, ramaonline, 485Mbe4001 and samir took the lead in volunteering for calling our friends in CA. IV very much appreciates their willingness to volunteer.

    We all will soon need to get into more active mode to participate in similar events in the local areas/communities. Kindly update your profile with your contact information. This is very important so that we could contact whenever there is any such opportunity.

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  • Ramba
    07-04 07:25 PM
    Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS�s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are

    1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.

    2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.

    3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.

    The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.

    The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.

    That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.

    Now lets come to July Visa bulletin mess.

    Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The �documentarily qualified 485 applications� mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made �current� for all EB categories. This is how they determine �current� or �over-subscribed� and how they establish cutoff dates.

     If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered �Current.�

     Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be �oversubscribed� and a visa availability cut-off date is established.

    There is nothing wrong with DOS to make all categories �current� for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories �current� ie fresh guys entering into I-485 race. Because of �current� there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.

    For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.

    Therefore by making �current� for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.

    There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as �current� in June 13 and second is modifying VB only on July 2.

    My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.


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  • lazycis
    12-20 08:54 PM
    I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.

    That's just another proof. A person who accumulated more than 180 days of unlawful presence is inadmissible into the US (at least for 3 years).

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  • crazyghoda
    01-30 03:17 PM
    Ok now I am very very confused :confused:

    Your statement mentions that the 485 does not cover out of status from last non-immigrant visa entry to 485 filing. I have always been working during that time. No issues. After filing 485, I exited and reentered twice using my H1. Last entry was in March 2008 I think. After that, I changed employers using AC21 and got my H1 transferred so I was still on an H1 status. Finally I departed the US in Dec 2008 for vacation while still on H1 status with an active job. I got laid off while I was out of the US.

    Now, at that time I had a stamped H1 as well as an AP. I could have used either. However, I felt that using the H1 would be wrong as I no longer had a job with the H1 employer. So I decided to brave the secondary inspections and entered on AP. Since then I have been looking for a job.

    My question is - Is the time I havent been working considered as Out of Status?


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  • laborchic
    09-19 10:47 AM
    The reason there were so many placards was - we were expecting atleast 10000 people to show up and with the kind of poor response we got, we were expecting atleast 5000 and thats why there was 700 banners ordered.

    If we had the magic figure 10000, the impact could have been marvellous. The banner count would have been appropriate

    With 1500 to 2000 - every individual had a banner or a placard or a flag.

    Mark's speech was hillarious - but had very strong messages - THESE ARE THINGS THAT NEED SPECIAL SKILLS - AND MARK PULLED IT THROUGH EXTREMELY WELL. Mark is a pround member of the Tri State Chapter and his contributions towards the cause are amazing

    Robert Sun (LIA) - was good. Well he was praising Indians and CHinese. Nothing wrong - but yes can be more comprehensive in nature.

    We had people from all nationalities - and a lot of people seem to be silent supporters of IV - very passionate about this organization.

    Jay was at his best - He took on Lou Dobbs - Which was the best part.

    The only lesson I would say that we must learn is - low numbers - YES. The turnout should have been atleast 10000 - though 2000 is good. Just proves how selfish those free riders are who can let down your own community who are helping you.

    I was part of the rally... I am proud of IV and everyone who attended it..WHAT tri-state chapter are you talking about ?? How many people are enrolled in it and how many showed up for the rally???

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  • mirage
    02-04 08:51 PM

    I know ROW country may not like this thread, but look at EB-3 India or China, put yourself in our shoes and than you may realize how unfair this country is. In this unprecedented financial turmoil, I feel there are very remote chances for CIR or any package which increase immigration etc would pass, I am taking this initiative to gather as many people I can and go to washington. Again this is not an IV effort. If you are with me , you can spare some time it could be few days in Washington!! please PM me.
    Again we are not creating any organization or anything, we are not going against IV's agenda. This is also a part of IV's agenda, but for now our sole agenda will be to bring a 2 line bill to remove country quota or increase the country cap(whichever can fly).

    PS : For EB-3 India, unless country cap is removed or increased, you can presume you GC application dead forever...For EB-2 India It'll be a long journey for people with PDs sooner than 2005...



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  • cookbook
    11-27 09:22 AM
    I am trying to self file I765, I want to paperfile since I don't want to go for photos and other stuff to the Uscis center. My lawyer has filed my earlier applications for employment authorization and parole. He has filled all my previous employment authorization dates on the I765 forms, however I cannot fill more than 2 dates on the I765 forms, do I convert the form into word and fill it and reconvert it back? I have to file next week, please help.

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  • gc_lover
    07-18 11:29 AM
    I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them" attorney says so far they have not received any rejection notices for apps filed on July 2 2007.

    I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.

    We will just have to wait and see till our checks get cashed!


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  • smuggymba
    03-12 11:12 AM
    great job guys. There was no spillover and the dates did not become current and everyone is blaming IV. Stop contibuting to IV if they are the one's who were not able to make it current. Stop ranting like ladies in a kitty party.

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  • srkamath
    07-12 10:31 PM
    Use of "01" instead of "10" has been common mistake by USCIS. I came across couple of such cases. This is typo error and they will fix it.

    i guess i read too much into it........

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  • leo2606
    12-20 04:30 PM
    Did you travel outside of USA after that? I mean after 2001 when ever you got into Job?

    Folks, I didn't worked for an year(2001) due to, you know what I am saying....

    Now I am afraid that I would get an RFE because of that. Do you think that I need to worry about it? :(

    09-19 02:46 PM
    What if 485 was not filed but have an approved 140? Economy is taking big hits on the all the consulting firms even the big ones.I know this because I work for one and I was told budget spending on IT is going to be really tight moving forward for another couple of years espcially in financial sector.

    Its going to be tough for everyone. Service industry is one such industry. try to avoid FT jobs in wall street.

    12-13 09:02 AM
    No responses yet ...Oh come on guys ...YOU want to pay $10 now or want to wait for 10 years to get your GREEN CARD ???

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