pitha
01-02 04:10 PM
Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.
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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.
rajeev_74
07-05 11:09 AM
Hope this helps...
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
Answer me this. God forbid but if you have a cancer and your brother has a malaria and you have just one doctor to treat. Would you ask doctor to treat you first since you have a bigger issue than your brother? No, right.
Dude, we all are brothers in this mess and everyone deserves to be treated fairly. I agree that core should work to eliminate BEC problem as well as any other opportunity to get any other immediate relief but core has limited resources, very limited funding plus and core needs to work on areas which fixes maximum number of lives here.
There are around 40000 people stuck in BEC and if 20% of those can join core and contribute, I'm sure that is enough number to allocate resources accordingly. But somehow people has got the wrong idea that IV is not for people stuck in BEC. I've seen similar posts in immigrationportal.com as well.
Now if IV will work for people who were eligible to file in July or even for people who just filed on Jul 2nd, i'm sure people will come and say that IV is for July 2nd people only. But that is not the case. Any issues/bill/ammendment which can bring some immediate relief should be worked along with our core issues which is retrogression. Once you are out of BEC (I hope you do asap as several of my friends stuck there), I'm sure your main issue will be retrogression and not BEC even if there are other people stuck there.
So lets not divide these communities any more, work together towards common cause that can bring some relief to our brother, sisters and ourselves. We all be benefitted if we all support each other.
Hope you understand.
Thanks
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indianindian2006
07-14 06:06 PM
Can new company file amendmend to existing I-140...
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.
The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..
My question to gurus is-Will he be ok if his new company amend the I140.
Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.
more...
laborchic
09-12 11:06 AM
So many people in NJ Thread... How many are coming for the rallly....
Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..
Please forrward the Businessweek article to everyone.. This may give us a good bump in increasing the attendance..
pappu
02-08 10:48 PM
Please note that IV does not endorse this effort. We strongly advice people against being part of it for several strategic reasons. We do acknowledge that this is part of IV stated agenda and you are not going against IV in principle. But by creating a splinter group and meeting key lawmakers with whom we have worked for more than 2 years on this issue, your effort may prove to be detrimental to our hard work.
Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.
If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.
If someone has any further questions or doubts, they can directly contact us.
Without going into details on this open forum, We have taken pains to develop relationships with key lawmakers to help on this issue and we seek strategic advice from our counsel and work under a strategy. By simply going forward to promote a 2 line bill your effort will not compliment IV effort. We wish it was that easy but the reality is very different. Do not assume that key lawmakers do not know this particular issue. Please wait for the right time when it is suitable to push this agenda when there is pro-immigration agenda on the table and IV will guide you for it on how to proceed. At this moment we expect the community to be united against such anti-foreign workers amendments rather than going to different directions. We have information that much more maybe planned against foreign workers in the times to come. IV is working on protecting the interests of our community members and we want everyone to be united.
If you want to get active, the best option right now is to spread the word about IV and get every foreign worker under IV umbrella.
If someone has any further questions or doubts, they can directly contact us.
more...
jjava100
06-10 04:10 PM
Just sent it. I also sent it to 5 of my friends who are not IV members yet..
2010 know is justin bieber ,how
kicca
08-29 02:09 PM
found this old (aug 2002) but still interesting pdf that may help if nothing else to clarify some of the acronyms used in the I485 process:
www.ilw.com/seminars/august2002_citation2b.pdf
www.ilw.com/seminars/august2002_citation2b.pdf
more...
qasleuth
05-26 05:16 PM
Found this when I googled. Borderpatrol seems to have the authority to do whatever they did within 100 miles off any international border. It falls under 8 CFR 287.1. Entire state of NH is within 100 miles of Canada.
http://www.usborderpatrol.com/Border_Patrol608_2.htm
http://www.usborderpatrol.com/Border_Patrol608_2.htm
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my2cents
09-17 05:22 PM
Probably, Keeping job (at least 6 month to ride wave) is much more important then GC. Smartest people in the world (on wall street) doomed us !!!
more...
kondur_007
06-08 07:01 PM
There is going to be no spillover to EB2 India at all because according to the thread "Employment-Based Visa Number Movement and Predictions - from current Murthy Bulletin" thread Mr. Oppenheim (the guy from the DOS who sets the visa bulletin) said that EB1, EB4 and Eb5 might also retrogress (that is have to a cut off date which means they will not be current). If EB1, EB2 and EB5 retrogress and there is no spillover from EB2 ROW and there is no spillover from Family based visas there will not be any spillover to Eb2 India at all. There is absoluetely no difference between Eb3 India and Eb2 India except that EB3 India will be stuck in 2001 and Eb2 India might be stuck either in 2002 or early 2003. We are screwed for ages to come. Dont give me red for bringing this harsh reality, I myself am depressed
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
Nobody should get red for expressing their thought!! So if at all I give you some, it would be only green!
coming to your point: Even in the thread you referenced to, I have posted a comment "Mr. Oppenheim's statements do not add up...his statements logically contradict each other (well you can not expect LOGIC from USCIS). and so the exact scenario will only be clarified with VB, date movements and finally, their year end statistics".
Accordingly, moving the EB2 I and C together, they have proven that "they are getting ready to spill over". Moreover, EB2 China has used up "its own quota" and will need spill over to move. EB2 ROW on the other had has not used up "its own quota" and will not need spill over (as it is current and not together with India and china). So any spill over from EB1 will come to EB2 India and China (effectively only to India). And if EB2 ROW does not use up their remaining numbers (which they have not so far) during the rest of fiscal year they will also spill to EB2 India.
Now as far as future of EB2 vs EB3 is concerned, I personally believe (and this is just my personal belief....) that unless EB1 (specially EB1C) gets oversubscribed (as mentioned in other threads), EB2 should move quickly during next fiscal year. EB1 usage can only be known from year end data as and when they publish it.
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bobbydalal
08-21 04:32 PM
luvchoclates ,
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
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nervous-wreck
03-15 05:51 PM
what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
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vijayassr
08-05 08:53 PM
Hi, Looks like you have a propabilities now.
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
1) If your H1 gets approved first before OCT'01st and your L1 does not approve, you should change to company B (who applied H1), if B applied your H1 with CHANGE OF STATUS (you will see new I-94 issued along with approval).
Good thing u can stay in country and work for B.
2) IF your H1 & L1 gets approved one after other in sequence, means first H1 then L1 then I think you are safe to work with company A without leaving country, Murthy.com says its the sequence that matters.
Check with Murthy.com attornies as well, but other Attorneys does not agree with them.It will be only problem when you apply GC, and not in mean while.
3)IF its L1 then H1,and if you want to work with company A, then you need to go out of country and get L1 stamped. Your H1 will remain avilable unless company B cancells it.
4) If your L1 gets approved and H1 gets problem(rejected I dont want this but if happens) then any how u can work for company A.
Hope the above things help.
Thanks
Vijay
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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vin13
11-11 12:14 PM
We can all send a copy to the ombudsmand and DOS.
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
I will be discussing this with my congressperson in a couple of weeks. Can any of you contact your congressperson and have them help you regarding quarterly spillover? Use the draft to take to your local congressman.
The draft letter looks good. I think, we should also send a copy or new letter to the Ombudsman and to the DOS (as DOS is also involved in how many visas are released).
That way we do not get pushed around.
Good work.
Gaurav
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prioritydate
09-20 10:06 AM
Now they are saying "Smartness" is a relative term.:)
Heeeee... I know what you mean.
Heeeee... I know what you mean.
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dontcareanymore
08-10 03:04 PM
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
Wishful thinking ?:)
Wishful thinking ?:)
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eilsoe
02-27 11:34 AM
actually my benches are just a series of boxes rotated into place and grouped =)
bheemi123
10-03 01:25 PM
Hi friends,
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
u can be in L1 status..just go out of the contry and come back in L1b status..u r status will be autoamtically be L1 again...however u have to remember that u r h1b will be wasted...my friend did same thing last week..
Please advise me on this situation.
I am currently in US with L1B with Company A.
Company B has already filed H1B petition for me.
Assuming it gets selected & approved, Is it Possible for me to Continue with Company A after Oct1 2007 with the L1 itself.
Thanks.
u can be in L1 status..just go out of the contry and come back in L1b status..u r status will be autoamtically be L1 again...however u have to remember that u r h1b will be wasted...my friend did same thing last week..
nojoke
03-01 04:03 AM
Commodity prices like crudeoil,steel,wood used in construction are at lowest since a decade.The commodity prices will not go back to 2006 levels not in near future,so already constructed houses have lost almost 70% value in them.Bail out or another help will not sort this issue.Only free market has to solve the issue.For housing to get to 2006 levels there should be huge housing boom in China,India where they have huge populations.People in India are poor so they cant afford a house even if they want one.China wont spend they are intersted in buying US treasuries.So the only option for the bank is to write off these houses.Govt help for home owners will be only a drop in the ocean.
Very true
Very true
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