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Monday, June 20, 2011

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  • Jaime
    09-12 03:06 PM
    EVERYONE, we're meeting in DC next Tuesday!!! You can STILL MAKE IT!!! WE NEED YOU THERE!!!!





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  • mirage
    02-04 10:50 AM
    For people who don't know, Country Cap goes by Country of Birth , not country of citizenship...So if you are born in India but now you are canadian Citizen, you will still be counted as Indian for EB based Green Card allocation, isn't this a blatent racist agenda. I have a letter from Congresswoman Zoe Logfren's office, which clearly says 'I will work on removing arbitrary country quota on employement based Green Cards', we just need to pursue her...





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  • grinch
    03-09 07:22 PM
    entries due tomorrow, and I don't know what I'm gona do with mine. I want to fix so much, but theres no time, I'll get my final render in tomorrow





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  • Green.Tech
    03-05 10:14 PM
    I always believed that everyone out here is atleast a grad with a degree. Isn't it what the minimum requirement for EB Category 3 ?

    Correct me if I am wrong.

    Undergraduate degree = Bachelors
    Graduate degree = Masters



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  • rajuram
    07-13 02:22 PM
    It is just a temporary movement to capture as many visa number as possible. Dates will move back in Oct and surge forward in June 09.





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  • Macaca
    01-28 12:06 PM
    In the new year, I have not seen any posts expalining how IV is "working" on resolving our issues. All that is posted now is requests for money. I know more money is needed and would be glad to contribute, if only the senior members show that some serious efforts are being made in the background. Yes IV did do very good work last year, but that is history now; but what work is going on now, nobody knows. Don't need details, but even broad details will help. Is something being done for appropriation bills, no one knows or tells.

    For example, after the elections no attempts virtually no attempts have been done to do webfax campaign tragetted towards pro-immigration inclined politicians. No lists have been made of such politicians. Just by waking up few days before the bills are discussed is not going to help.


    Once again, like many other posts that pop up at the rate of 1/day, very reasonable remarks. For a change they are civil. I have thought about all of them.

    The only difference is that I have some more time these days to think of the big picture. I concluded that the absence of these issues (and numerous others) is really not effecting any progress, and I can ignore these issues and contribute to progress.

    As a concrete example, I have thought of webfaxes/lobbying. Based on my analysis (which is completely independent of IV) of the current state of our bill, nothing significant is happening about it right now and it not posible to gauge the future. Thus, it is not an effective point for webfaxes/lobbying. With this conclusion, there is nothing to say.

    Everyone is entitled to his/her opinion as long as we move ahead.



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  • buehler
    06-13 11:13 AM
    I have seen this same footage months ago and to it don't look real, its cooked. Some facts there are just un-digestible like the gora guy will take job of a waiter immediately after working as senior exec. cmon market is not that bad unless he don't know anything else and don't have ability to get other similar job, then he should be fired anyways. and then that carlos guy, his dress up don't seems convincing that other execs will give me good response after presentation. its all cooked... showing 600k+ numbers are all bogus.

    I thought that the video was quite funny. Now for some one to think that it is true is even more funny. :D





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  • grinch
    03-02 08:51 AM
    Aw man guys,
    my subway is coming together! I'm currently working on bumpmapping for the walls, and I think I may know how to do it. I'll show when I'm done!



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  • desi3933
    02-04 01:44 PM
    Recently got Laid off. Here are my details:

    -485 has been pending >180 days
    -PD: Feb 2006
    -Last day of work is 6th March, 2009
    -EAD valid for another 6 months or so.
    -I am working on H1-B, which is valid till 2010.

    I understand that I can use AC21 and work on my EAD as long as the job is similar or same. I also understand that it is a good idea to get the H1-B transferred rather than using the EAD.


    My comments are in blue ....


    My questions are:

    -Can one stay unemployed on EAD without jeopardizing the GC process?
    Depends on timing for RFE and approval time. At the time of RFE and I-485 approval, beneficiary should have permanent job offer that matches with LC Job duties. Technically, one can be unemployed during AOS stage, as long as he/she has permanent job offer that begins after I-485 approval.

    -Do I have to inform USCIS that I am unemployed as of March 6th, 2009 in case I do not find a job?
    There is no such regulation at this time.

    -Do I inform the USCIS in case I find a job and work on my EAD or my H1-B.
    There is no such regulation at this time.

    I mean when do I have to inform USCIS if at all?
    In the event of RFE.

    Also, I live in Windsor, Canada, and used to commute everyday to work to Detroit. Can I stay in Windsor subsequent to March 6th in case I don't find a job. Will it affect my 485 process?
    Maintaining US presence is better IMHO. Typically trips, that are less than 24 hours, are not counted as presence outside USA, therefore daily trip to Windsor was ok.

    Contributions: $350 +
    Led various fund raising efforts for Tristate Area
    Was in the DC rally


    Priority Date: Feb 2006


    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • dotnetguru
    04-08 11:11 PM
    Well..you cut your BS first..just because Its not first hand doesnt mean it is unreal..just because I posted on IV doesnt mean I expected IV to take up this case..just b'coz sucker like you saw two different lanes in the airport doesnt mean all airports are like that..I posted my experience in the airport I travelled thru..I dont have to prove to morons like you.

    You dont need to be best and brightest to tell me that Airports have different lanes..Oh..yeah...how will I know..I sneaked through Texas border...I never said all ppl stand in the same lane..I said, queues are different but unless you are deaf to your a** you can hear most of the conversation..atleast I did..I dont care if you didnt in your case?


    different lanes means like up to 5 to 20 lanes for only citizens and gc holders.there will be some space with the division with that belt u see in airports and then up to 5 to 20 lanes for visa holders.number of lanes differ based on the size of the airport.this is what i have seen in newark,ATL,PHI,CLT,MIA.now ur friends might be in corner lane and then there is space and then that visa holder who got sent back is also in corner lane to be able to hear if at all it is possible to hear.so now tell me which airports do not have separation like that. any one can pitch in.i could hardly hear the next person questions how come ur friend had heard in the above scenario.beats me...



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  • gveerab
    07-03 11:10 PM
    Hi Ramus,

    I am not posting this message to offend any body's feelings, please don't take it personally. AILA is saying anyone can participate in the LAWSUIT without paying any money, but IV is saying it's an expensive thing and we need to start new funding drive. It's not clear to me and I believe if we start thread with more information more people would have convinced and contributed.

    I agree, we need money to maintain the website. if that is the case please mention that clearly. We need to maintain this website to keep our activities , no question about that.

    I have been observing from last couple of months any new issue is ending up with fund drive, but no update after that what happened. May be I am wrong, but as an observer this is my openion. Hope you guys will take this as positive comment and respond with more details. I don't have any doubt on the core team capabilities and scincearity.

    In ths home page clearly mentioned that contribute for lawsuit. Without taking it personally can you please provide the details of how much money we might need and how we are going to spend this money?


    Thanks
    Veera
    $20 per month $150 on time contributions





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  • lazycis
    12-20 08:35 PM
    Correct me if I am wrong, but you've had unexpired H1B while you were out of work. This is not considered unlawful presence. On top of that, violation of status determination can be done only by the USCIS (IO). If they did not inform you that you violated status, you are good to go.



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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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  • kvrr
    01-16 05:42 AM
    Signed up for $100/month recurring payment. Thanks for setting this up.



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  • dhesha
    03-18 02:26 PM
    Any idea how far will it move? Will it come to Dec 2005 ;)





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  • onemorecame
    09-14 01:22 PM
    I am current on this month of sep, Online status change to RFE on Sep 10. 2010
    I feel its could be due to change of state(relocation) after filling i-485. but not sure..


    Please share your RFE/view



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  • makemygc
    03-18 07:37 PM
    Guys,

    Hope this thread will be useful for somebody who is looking for american company for green card processing. They wont get into the trap. So I am giving out the information from the known source(friends).

    Company1: Deloitte
    Company2: Chase

    These two companies promised doing green card cards,they filed h1s, but did not file green card.Whatever reason (bad economy) may be, they did not sponsor green cards for those they promised to do. So be careful. It is not gaurantee.
    Also, you can list the companies you know whoever promised, but did not file.

    Wow...I didn't realize this thread is opened until today. I can second you on Deloitte. I joined Deloitte & Touche several years back and left the company in 3 months. HR promissed me to file my GC as soon as I join them but started giving excuses once I joined. Later on they told me that they will file after 1 year and that too dependent on my performance....I decide to part my ways with liars and joined a different company and now after several years I'm glad that I made that decision...today I'm in a much better position in a much better company. Thought mine may be the only case but looking at this thread makes me feel I was not all alone.
    Not only this, they pay you different if you are an H1 holder as compared to others. I found this when I joined and found someone junior to me getting paid more than I was.





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  • grinch
    02-27 01:22 PM
    actually my benches are just a series of boxes rotated into place and grouped =)

    thats what i thought, but i was just wondering if there was a technique to create polygons along a curve. Haha thanks





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  • Ramba
    04-07 05:27 PM
    Rumor, rumor, and more rumors. We Indians get a kick out of this stuff, dont we? This actually happened with me couple of weeks ago.

    POE: San Francisco. I hold a completely different job compared to my Masters degree. I was asked what qualifications I have to hold a job in marketing when my background was technology. I gave an explanation and the VO looked up and smile. He said, you memorized your answers well. I said, I've been doing it for the last five years. He laughed and said, you guys are smart cookies. Have fun, summer is around. NEXT.

    Note to people who like to spread Bullshit: Please STOP spreading horsemanure. Unless your paperwork is completely out of whack, no VO at the POE has the RIGHT/AUTHORITY to send you back. I spoke to an immigration lawyer at a party couple of months ago. He said deportation procedures are not that simple. The VO has to call DHS and Immigration Services. Once they take over the case, it takes 12 to 24 hours to do a background check. Until that time, the person is held in custody at the Airport. A decent bed and food is provided. If the documents check out incorrect then authorities in the home country are informed and so is the Embassy in United States. DHS and USCIS allow folks from (Indian embassy) to interview the candidate (potential value target: crime recod back home, etc). If the embassy decides that the documents were forged then it will send a memo to the Indian Airport and ask the Indian police to book a case after the person arrives. The process is much detailed than making a call to somebody's father or father-in-law and asking, DO YOU NEED XYZ for this job.

    So all this is dino-dung. Stop wasting time at your desk and do something productive.

    Let the red-dots rain.

    As you mentioned it can be a rumor. Or, it may be a very rare isolated case. However, I would like to say few words for the inspection and admission process at POE. There may be a lot of regulation regarding denying admission at POE. Ultimatly, it is upto the IO at POE to follow it or not. One cannot argue (or complaint with the supervisor) with them in the long line at POE to ask them to follow the rules and regulations; or you do not have your lawyer standing next to you in the line. You do not have much option at POE. If they want to flex their muscles, they can do it and deny the admission to any one without proper reason. Even if you have a valid visa and other documents US admission is not always gurenteed. However, 99.9% it wont happen. If the unemployment rate continue like this, it will not be a unusual to hear these kind of stories. Bottom line is IO at POE and consular officers at embassy has tremondus power; it is not easy (or question their decision) to overcome their decision.





    nitinboston
    04-09 04:19 PM
    Dear Mrs. Hillary Clinton
    Heartfelt thanks for making such an effort to answer consumer grievances. My Admiration for this administration and their efforts to improve communication is growing exponentially every day. God Bless you and God Bless America.
    We are wringing these questions in effort to understand the VISA allocation processes followed by DOS. Also how it affects effectively petitioners live to plan their future, travel, Buying house etc...
    1.0) Is IVACS primary application for tracking VISA requests from USCIS, Consular posts?
    Rationale: Any Software/Application used by DOS should be single source for data entry of all the new application.
    1.1) Does IVACS system (DOS�s Inventory system) connects electronically to USCIS system, Consular posts or NVC or any other agencies for VISA demand requests?
    Rationale: Any Software/Application used by DOS need talk to Client System (USCIS, Consular posts, NVC or other agencies) every month system for effectively moving VISA bulletin every month.

    1.2) In Absence of Interface � Does IVACS system receive VISA demand sent manually through flat file or spreadsheet?
    Rationale: In absence of electronic interface DOS need to manually receive data for effectively predicting VISA bulletin every month.
    2.0) How many Employment-based I485 VISA demands are pending at USCIS, NVC, Consular posts?
    Rationale: We are trying to get Employment based pending applications.
    3.0) IS this last Pending EmploymentDemandUsedForCutOffDates.pdf on 4/8/2010 - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf includes all the Employment based I485 VISA demand?

    Rationale: We are trying to confirm data received are all inclusive.

    4.0) Can DOS Enhance/publish table for �total number of VISA available�� as on report preparation date, rather than total Fiscal availability. As per table showed below,
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    Preference China Demand India Demand Maxico Philippines ROW Worldwide limit
    Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal Beginning Demand Allocated this month End Demand Allocated this fiscal
    E1
    E2
    E3
    E4
    E5


    5.0) Can DOS generate monthly VISA returns report from USCIS, NVC, Consular posts or any other agencies that demands Employment VISA?
    Rationale: This will help us understand how much visa were available for reallocation.

    6.0) INA section Sec 201 (2) mentions usages of visa per �Calendar Quarter� with maximum limit of 27% per quarter. As EB2 & EB3 categories are retro gassed Are Minimum 140k/4 Visa's consumed every quarter? If no which section of INA being applied to not to do so?
    Rationale: To understand DOS�s interpretation and application of the law.
    7.0) Where we can find DOS published monthly EB/FB permanent residency VISA demand report with country of chargeability, Employment based category (for e.g. EB1, EB2, EB3, �), similar to report published by DOL.
    Rationale: This will help applicants to estimate date of approval and plan for buying house, make major move etc.

    8.0) What is rational of EB3-India Visa allocation only approximately 100 a month? We feel that before EB3-I become unavailable it should get 140*7%*28.6% = 2802/12 VISA�s every month. EB3-I VISA reductions from Inventory reports before their Priority Date is as follows,
    a) Between Inventory Published 03/12/10 & 01/30/10 = 100
    b) Between Inventory Published between 01/30/10 & 04/08/10 = 100
    Rationale: This will help EB3 applicants to estimate date of approval to plan their future for house Purchase or major move etc.

    9.0) How do you propose to reconcile the pending data reported by DOS and USCIS.
    We are Comparing data from two sources USCIS published pending inventory and DOS published monthly determination, And we have Found data Differences for following categories,
    USCIS Pending for EB3-China as on March 08, 2010 === 5,575
    DOS Pending for EB3-China as on March 01, 2010 === 8,900
    Rationale: Closing gap in case of data error.
    References:
    i. EmploymentDemandUsedForCutOffDates.pdf - http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
    ii. Operation of the Numerical Control Process - http://www.travel.state.gov/pdf/Immigrant%20Visa%20Control%20System_operation%20of .pdf

    Dude i must say, it must have taken a huge effort to come up with all this. But guess what, it wont make a dent. There are way too many Indians, Chinese and Mexicans in line and too few GC's to give out.





    conundrum
    10-31 05:59 PM
    Received letter from USCIS regarding the FOIA.

    NRC2008063282

    The request has been placed in the complex track!