485Mbe4001
06-08 11:57 AM
I would agree with the others that name check is a black hole. I had contacted congressman and senators during 'meet the lawmakers', but my contact at the congressmans office said that there is nothing that he can do to help me expediate the name check.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
After 3.5 years waiting for my PD to be current i took an infopass appointment only to find out that i am stuck in name check. I had no reason to think about namecheck, i dont even have a parking ticket. Even the immigration officer said that there is nothing much he can do about it. For all other RFE's etc we can provide documentation etc. there is nothing you can do to speed up your name check. if you are stuck then just pray that you get out of this hell hole.
There is a yahoo group called namechecktrackker that was started by an IV member, it has about 1000 members.
FBI has also stopped responding to congressional requests and WOM. refer to aytes memo of Dec 2006
http://www.cyrusmehta.com/related/Ayetes_Memo_on_Name_Checks.pdf
I would actually also suggest requesting a meeting with both senators and congressperson in your area, rather than sending a webfax.
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alisa
01-27 09:25 AM
I am glad you posted this.
I will put the numbers in the excel spreadsheet and see what comes out.
But these might give more sensible results than the preposterous wait times that we were getting.
If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.
I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?
Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
I will put the numbers in the excel spreadsheet and see what comes out.
But these might give more sensible results than the preposterous wait times that we were getting.
If the average depletion rate for India is 34K per annum, then the wait times would look a lot better I think.
I am assuming that these numbers include the dependents. So, if 34K adjustment of status were awareded, then, roughly speaking, there were 17K primary applicants, and 17K dependents? Am I correct?
Also, for the accumulation rate, when we say that 65K H-1 visas are given out annually, I am assuming that does not include the dependents. Am I right??
FISCAL ------ Employment ------- EB3
YEAR ----- Total ---- INDIA | Total --- India
2000 ----- 111,024 | 15888 | 51,711 | -5567 :IV FY 2000 (http://travel.state.gov/pdf/FY2000%20table%20V.pdf)
2001 ----- 186,536 | 41720 | 90,274 | 16405 :IV FY 2001 (http://travel.state.gov/pdf/FY2001%20table%20V.pdf)
2002 ----- 171,583 | 41919 | 87,574 | 17428 :IV FY 2002 (http://travel.state.gov/pdf/FY2002%20table%20V.pdf)
2003 ----- -83,020 | 20818 | 47,354 | 10680 :IV FY 2003 (http://travel.state.gov/pdf/FY2003%20table%20V.pdf)
2004 ----- 157,107 | 39496 | 88,114 | 19962 :IV FY 2004 (http://travel.state.gov/pdf/FY04tableV.pdf)
2005 ----- 242,335 | 47160 |122,130 | 23399 :IV FY 2005 (http://travel.state.gov/pdf/FY05tableV.pdf)
6 yr total - 951,605| 207001| 487,157| 93441
Annual Avg --------- 34500 | -------- 15574
If this trend would have continued. There should not be any MAJOR retrogression problem, but if you remember from the Nov 05 VB. The warning was very clear:
During FY due to anticipated heavy demand, the AC21 provisions are not expected to apply, and the amount of Employment numbers available to any single country will be subject to the 7% cap. It is anticipated that the addition of unused FY-2005 Family numbers and the remaining AC21 numbers to the 140,000 annual minimum will result in an FY-2006 annual Employment limit of 152,000. This will mean an Employment per-country limit for FY-2006 of approximately 10,650.
To illustrate the effect of the reduced per-county limitation during FY-2006 on the oversubscribed countries, it should be noted that during FY-2005 India used approximately 47,175 Employment numbers.
If you plug this number into your analysis the result might be a couple of years of advance for your predictions.
andy
Ramba
07-04 09:07 PM
nixstor,
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
First, with out name check cleared by FBI, no 485 will be approved. Assiging visa number to a 485 appliction initally, nothing to do with name check. If the applicant is threat to the security of the country, his/her 485 will be denied and they will take back the already assigned number. Both are two different issues.
Another myth: USCIS processed 60,000 485 in June. It is wrong. They processed 60,000 485 over the period of 6 months to 5 years. And they just approved in June, based on earlier processing.
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njboy
09-26 11:49 AM
here we are busy trashing each other, while in the cnn artile, everyone has joined together and is bashing us...
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
http://fsbfeatures.blogs.fsb.com/2007/09/25/should-the-us-grant-more-h-1b-visas/#comments
I have not seen a single person say positive things about the h1-b program. Instead of infighting here, can we all go there and try to justify the need for skilled labor? Everyone seems to say..they should hire from US...but they forget that there is noone in US to hire. This one sided bashing by anti-immigrants/ racists will only damage our position.
more...
angelfire76
09-28 05:57 PM
I am one who has got a Master's degree in the US. I want to mention that because that I am proud of that. Just like Immigration Voice is stressing the fact that it is for legal immigrants only, not the illegal ones.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.
The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.
Have I made it clear?
I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)
Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.
But let's not beat a dead horse and invite the wrath of admins or senior members.
Anyone who has something to be proud of would want to mention it. Americans like to say "proud to be an American" for the same reason.
Besides, having finished a graduate degree program in the US is a big contribution to the US either financially and/or academically.
The most serious issue with the US educated is that when it comes to work that requires a lot of work experience, they are not as competitive as those who went straight to work and has got a lot more work experience. They are only good in coming up with new patents and building new business models. The current immigration system favor those that have more work experience. So that is why the US educated ones are in a disadvantaged position.
Considering the fact that the US educated have contributed a lot (some up to 6 years or more of their time) to the US financially and/or academically and still in a disadvantaged position, we do need some special treatments.
Have I made it clear?
I got a free ride through graduate school, so I should be ashamed that I didn't contribute financially and used tax payer money to convince my advisor to work on pet projects.Academically too they were more proof-of-concept type projects. :D That was a joke. Point taken. :)
Hmmm..no I would think that you still need BS+5 to qualify for EB2 while you only need BS+1.5 yrs to qualify for EB2. Where do you think the scale is tipped?
Also how fair is it that a new grad from college joins Microsoft, Intel (no majority of people who work there are not tech studs)etc. where GC sponsorship is a process versus somebody who doesn't have a Master's degree but great engineering skills honed by experience and works for a start-up. The immigration process is loaded against the startups in case you didn't know. I've seen too many real life scenarios of the above to be convinced otherwise.
But let's not beat a dead horse and invite the wrath of admins or senior members.
pzh
07-16 06:18 PM
There isn't a single fact that is true in this fax here. I don't know how groups like this get taken seriously if they don't even do basic research on what they are sending to congresspeople.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
(1) The six-year visas allow foreign workers to bring in their families, and guarantee thousands of anchor babies.
First, there is no such thing as anchor baby for H-1B workers. No legal H-1B worker in their right mind would ever try to immigrate in this way. H-1B workers are mostly stuck in the GC waiting game. Most of them are highly educated and will not sit and wait in illegal status for their child to grow up to sponsor them.
(2) H-1B salaries are tax-exempt - no FICA, no federal or state income taxes. They can live at the same level as tax-paying Americans at a lower cost. Therefore, Congress allows foreigners to "low-ball" American workers.
This is another lie. H-1Bs pay all taxes. Also, they are not eligible to use social security benefits when they retire unless they've worked for at least
ten years in the US.
(3) H-1Bs can leave the job they came to fill and seek other jobs, not necessarily in the "hard to fill" category.
Again, this statement is a lie. Changing jobs is risky and not many employers are willing to hire people on H-1B due to problems with immigration procedures and the broken immigration system (one of the reasons Microsoft also opened an office in Vancouver). Every time an H-1B changes their job, they have to get a new LABOR CERTIFICATION. This ensures that the new job will be in the "hard to fill" category!
(4) Most H-1Bs are of a "protected" ethnic group, so H-1Bs have an affirmative action preference when competing with Americans for the same jobs.
Again another lie. The H-1B system is open to people of all nationalities and it is based on skills and education. None of the major ethnic groups or nationalities that use H-1B are "protected" under affirmative action programs. Most important, "affirmative action" does not apply to foreigners in the first place.
more...
andymajumder
11-10 09:11 PM
I am with you and willng to contribute, but unless we are united and willing to take some action here, there's no hope. Even people who get approved now, never come back to contibute a penny - there has to be some provision of visa recapture.
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ak27
01-22 11:01 AM
Hello Indirant,
Would you able to pick couple of initiatives mentioned on my post...
and let me know your emailid, I will also add you to our google group
Would you able to pick couple of initiatives mentioned on my post...
and let me know your emailid, I will also add you to our google group
more...
bank_king2003
02-08 05:38 PM
Yes - thats the irony.... we can only guess USCIS should be working correctly... but no one is there to question them about there bad working...
i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
useless CIS.....
i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....
useless CIS.....
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desixp
06-11 02:26 PM
Done!
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GCKaMaara
10-15 01:02 PM
OK. May be my post was little misguiding. I never intended to distinguish EB3 and EB2 situations. We all are in same boat. Just need to counter the issue - one of the proposal was to do a flower campaign. I am not sure you were on forum when we did last time. It was a huge success. I am requesting to do it one more time!
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
I support the idea of flower campaign. ItIsNotFunny, what is the date you are proposing?
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nixstor
10-15 05:03 PM
And my question is: will sending multiple copies of this make any difference ?? How many copies are really required to get their attention??
Yes, copies of this request from different individuals is going to make a difference. we need to show that the information being requested is needed by a lot of people out there. Just in case if you are wondering, Your application and your FOIA request have got nothing to do with each other.
Yes, copies of this request from different individuals is going to make a difference. we need to show that the information being requested is needed by a lot of people out there. Just in case if you are wondering, Your application and your FOIA request have got nothing to do with each other.
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pappu
06-10 03:50 PM
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out.
Please post this link on other forums and mail to friends asking them to join this action item.
Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out.
Please post this link on other forums and mail to friends asking them to join this action item.
Text of the Amendment on IV Wiki: http://immigrationvoice.org/wiki/index.php/US_Congress#Immigration_related_legislation.2C_con gressional_action_and_regulatory_actions
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BlueSunD
03-09 08:40 PM
I�m trying to finish all the work I�ve got so I can finally spend some time to finish my entry. It�s kind of bothering not being able to add all the things you want this time, but soulty�s right, you can do it later. I would like to catch some sleep tonight too... but guess that will have to wait too :P
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h1techSlave
03-17 02:04 PM
Including spillover generally EB3-I clears up around 5000 visas per year on average ( Though theoratically stuck at 3300-3500). 3 visas per applicant is at bit high end. I would not assume everybody is married AND have child.. I would put that around 1.75. But, yes, even if select these new parameters than also it would take years..Theoratically, ofcourse:):)
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
Based on your assumptions, it would take around 2 years to reach Dec 2003 for EB3-India.
# of visas required = 5000 or 6000 * 1.75 = 8750 or 10, 500
# of visas available = 5000
# years of wait until Dec 2003 = 1.75 to 2.1 years.
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GCKaMaara
03-12 01:03 PM
Excuse me who are you calling a disease?
who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.
Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.
The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.
Thank you
This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.
Sorry Ron.
who has given you the right to name call, when I have not used any profanity words? Please choose your words carefully, as it does not reflect a good reputation on part of a person who is trying to make a point and bring awareness.
Just because you have 1485 filed much before your PD and have the better half of the situation, does not allow you to be an advocator on behalf of IV.
The question was means for IV and PAPPU, and to galvanize this organization to do something big, than take things for granted.
Thank you
This may be partially my fault. I took name. I wanted to say any donor, I tool ronhira as symbolic representative of donors as he was as part of debate.
Sorry Ron.
more...
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feedfront
09-21 05:10 PM
Well, I talked to my civil surgeon who did medical exam report. He said he no longer does this anymore. So I will have to redo exam.
My attorney will be just sending new medical report and not AC-21.
My attorney will be just sending new medical report and not AC-21.
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kaella
06-11 10:43 AM
Just did it.
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ultimo
07-24 08:56 AM
Is there anyone like my case - concurrently submitting 140 and 485 who submitted WITHOUT current employment letter ?
my friends lawyer also told the same no need for employment letter . if you have applied for i140
my friends lawyer also told the same no need for employment letter . if you have applied for i140
makemygc
07-05 10:02 AM
Strange to find that any thread which asks for contribution is pushed down the toilet within seconds whereas people are just too fond of discussing all idiotic things like..July 2 filers, July 3 filers, Will USCIS return our appllications, so on and so forth.
immig4me
02-11 08:57 AM
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