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  • shree19772000
    01-16 07:13 PM
    I could see myself or any other desi dude and I have seen people in this situation. Its painful. Myself, I learnt my lesson during the 2000 - 2002 recession and spent all these years preparing for something like this. It was a difficult but I had to do it. I kind of knew that this would happen every 10 years. This time it did not take it 10 yrs.

    By the way, I liked your narration of the incident. I wish I could do it.

    We have very skilled people here and here is my suggestion. Why don't we make a documentary on these stories and the problems we face due to immigration. It will be much better way of putting our concerns before the people and I am sure even the immigration hardliners will sympathize with us if they hear us out and what we are going thru even after being there for 7-10 years paying taxes and doing our due diligence.

    These are my 2 cents and good luck with your job slumdog!





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  • blewstream
    06-09 02:35 AM
    Any hopes of EB3 seeing 2003 in FY2010??
    Its a very painful journey :eek:





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  • mbawa2574
    02-28 01:19 PM
    Unfortunately, Obama is not changing much. The mortgage bailout is just a show. Almost irrelevant.

    But as soon as he talks about his senseless economic plans, Investors pull their money out from the Market. Investors don't see a direction with Obama w.r.t solving this mess. Lack of investor confidence has a direct impact on the main street as companies will have to cut their Opex due to shortage of investment. Government can cut capital gains , lower down the taxes and bring more people to invest in the stock market.
    If Obama goes by and spends all that money on government bull crap programs, it will not help private enterprise which in turn won't help in job growth or recovery. With no jobs and less consumer spending, economy will go into further hole with a huge debt.





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  • new_gc
    12-17 03:25 PM
    My labor is filed in EB3 , and i am awaiting Certification.
    My PD is Nov 2007.

    I dont feel that i am gonna get even EAD in the next 10 years, with the current delays,unless something major changes.

    Any hopes??

    i myself am new to all this...but when i surveyed vb's from 1997..it was made current every 2.5 years...and i guess if not stuck in namecheck everything will be fine....and with current situation hopefully something good happens.....



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  • yganreddy
    05-09 12:06 AM
    Hi

    Atlast I received My Welcome notice on 05/05/08 morning. First I received Card Production order and after couple of hours I received Welcome notice mailed. Today I received Approval Notice sent mail at 5:00 PM

    Thank you very much for all the information provided in forum. It was a great help. I will stick around.

    My details

    EB2 02/2003 (India) - TSC
    Sent 485 on : Jun 29th 2007
    Received on : Jul 02 2007
    Notice Date : Aug 24 2007
    Soft LUD on 485 : 12/07/2007
    Card production ordered mail : May 05 2008

    Contributed so for $100.00. Will contribute more.





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  • desi3933
    02-11 12:27 PM
    Check this link

    Report of the Visa Office 2009 Table of Contents (http://www.travel.state.gov/visa/frvi/statistics/statistics_4594.html)

    Point V and part 2

    the numbers come around 137000 ( which is 3000 ) Short of 140,000 ( I think the actual number will be 140,000 + Spill over FB Visas from 2008 If any )

    Thanks

    Read again.
    Point V and part 2 covers only eb1 thru eb4 only.

    Employment based visa numbers 140,000 is for eb1 thru eb5.

    As mentioned in my previous post in this thread, for FY2008 family based numbers are totally used, so there were no unused numbers for employment based FY2009 numbers.


    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • ski_dude12
    03-09 02:23 PM
    No change for EB2-I.





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  • spicy_guy
    06-10 07:50 PM
    Done!



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  • joeshmoe
    08-16 02:30 PM
    Gurus ...

    How do you know if your namecheck is done or not? Can you just call USCIS and ask???





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  • like_watching_paint_dry
    05-27 05:22 PM
    I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.



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  • shaikhshehzadali
    07-11 08:07 PM
    Pd Dec 2002
    I140 Ad 03/2007
    I485 Rd 06/2007





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  • venkygct
    07-02 07:31 PM
    Contributed : 100 couple of hours back
    Order Details - Jul 2, 2007 11:49 GMT-07:00
    Google Order #516773533199673



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  • 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.





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  • alisa
    01-18 10:10 PM
    just sent it to you
    wasn't sure i could put a file here

    The following is a copy paste of the hopeless situation for many many of us, from the presentation paskal was referring to.

    Please add more facts, figures, numbers.

    There are around 147,000 employment based Visa number available every year.
    Each country in the world, irrespective of population, equally share from the same bucket for Visa Number.
    Total there are 100 (suppose) country in world. Each country will get 1470 Visa Number allocated / year.
    This 1470 will be divided between EB1, EB2 and EB3 category
    That means every category will get 490 Visa Number.
    USCIS statistics show each household has at least two member. So only 245 household from India in EB3 category will get GC in a year.
    Total GC application pending with USCIS is around 1MM.
    In simple you are in a funnel and if you don�t act now you will be in funnel for lifetime.



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  • crystal
    07-28 02:02 PM
    Yawn ...
    Adding to the rant ....

    This country's once celebrated Individual Freedom has gone to the dogs after 9/11 with many screwed up bills like Patriot Act , FISA. First Amendment will cover our ass only to an extent...

    my 2 cents .. if there is anything we all have to fight/wake up for then it is about individual freedom, not about religions/images/symbols/cartoons.





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  • Legal_In_A_Limbo
    03-14 05:51 PM
    Thanks for sharing the info. Did you get any new attorney?

    I self filed, as will be doing AC-21 in a month or so.
    So wanted to make sure i revoke my company attorney.

    Thanks



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  • seeker999
    08-11 11:13 AM
    Are we concluding that we will not have any support from IV for EB3?

    Can we draft a letter to USCIS and push it through the founding fathers of IV?

    I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.





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  • inskrish
    08-16 12:59 AM
    September bulletin was out today..Wondering why there was no thread yet on IV..EB2 india shows visa number available with a cutoff date of APRIL 2004
    http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html

    Sorry, you are late to the party.:)





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  • Leo07
    06-10 07:53 PM
    Thanks a bunch!





    gimmeacard
    07-13 05:02 PM
    See the attachment which I had come across in this forum and saved it

    Hope this is helpful.

    just spoke to our firms Immigration lawyer, per them, we will see more movement in Aug Bulletin and in Sept Bulletin we will see Retrogression back to May/aug 2005 for EB2

    reasoning was Oct # would be released so they r trying to capture as many # as they can

    I am april 2006 and it seems it will be a 1 yr wait for me now.





    paskal
    07-03 03:51 PM
    I did not read in detail this debate ..but I can say that many qualified and experienced people will not agree for the above ..esp if they have kids who go to school. for e.g. ..for me to do the above is not possible at all.
    at the maximum, youngsters will do this once ..to get some American experience.
    just imagine what the kid has to go through for such cases ..do schooling here for 4 years ..do schooling in India (find a school )..then the kid has to learn several languages, new system etc etc ..then comeback here and start school..almost impossible
    and I think many sensible people will not do the above ..relocating to their own country or to go to a country (like canada) is much much better in these cases.



    nixstor,

    they have considerably raised the bar for EB1 A and EB1 b to discourage people applying, but I suspect that if you run a trend, EB1C is on the rise. I think you might be surprised about how often it does actually happen.
    I half expect EB1 to be retrogressed at some point. There is a big backlog of pending !40's in EB1- NSC is running over a year behind.

    albertpinto:
    it's a whole of 365 days. people do it, i have seen it happen. what makes you think a big multinational has to send you to india? you could go to a european office, your family could stay behind, you could be sent to an english speaking country, kids could be young enough...there are a million ways to deal with this inconveneience when the rewards are clear. even now, people in consulting travel all the time, they are hardly home, so what's the huge difference in being across the pond (you get to travel back, your family gets to travel there)? sure, not for everyone, but when possible, this loophole is very much in use.



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