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Thursday, June 30, 2011

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  • singhsa3
    03-02 08:40 PM
    Belling the Cat
    Long ago, the mice (folks on this forum) held a general council to consider what measures they could take to outwit their common enemy, the cat (read USCIS). Some said this, and some said that; but at last a young mouse got up and said he had a proposal to make, which he though would meet the case.
    "You will all agree," said he, "that our chief danger consists in the sly and treacherous manner in which the enemy approaches us. Now, if we could receive some signal of her approach, we could easily escape from her. I venture, therefore, to propose that a small bell be procured, and attached by a ribbon round the neck of the cat (read lawsuit to be filled against USCIS) . By this means we should always know when she was about, and could easily retire while she was in the neighborhood."
    This proposal met with general applause, until an old mouse got up and said, "That is all very well, but who is to bell the cat?"
    The mice looked at one another and nobody spoke. Then the old mouse said, "It is easy to propose difficult remedies."





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  • gapala
    04-20 04:08 PM
    Guys,

    Poll is ok, but what about our voting rights? Many countries allow citizens to use proxy vote / vote by mail to exercise their rights... I remember that there was a bill in 2006 on the floor of parlement to allow this for NRI's and Congress party was dead against such a bill due to some reason... Not sure what happened after that...

    Its rediculous that about a million folks in this country and many more around the world, (I believe 30 million or so NRI's in total) are deprived of their fundamental contitutional right to vote, well a small portion compared to total population. Its unfortunate.





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  • Mount Soche
    02-14 01:09 PM
    Bestia,

    I am not fighting with you believe it or not - just that some things said on this forum are just downright nasty. FYI though.. the Congo WAS colonized and terrorized by the Europeans. Hear of the Belgian Congo?? I don't know about Sierra Leone though.

    I brought African countries not as scapegoats, but as examples of countries not colonized by Europeans. I didn't mean to insult anybody from Sierra Leone or Congo ;) But my point was that if there wouldn't be Europeans - there wouldn't be United States.

    Man... you can't bring some example, not to be accused of something... Come on guys.

    Happy Valentine's Day.





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  • Googler
    02-16 02:37 PM
    Suppose the admin fix to recapture 'lost' visas is a success. How many will India Eb2 get out of that ? May be 5000 ?
    One really needs to know the number of India Eb2 applicants pending in each year ( of PD ) . If it iturns out , say , there are 25000 I-485 applications with PD up to year 2002, then ?!
    Will a USCIS customer service rep be able to help us with this question :
    "Sir/Madam how many India EB2 applicants are waiting , with PD earlier than mine ? " .

    My friend, in 2003-2004 alone there were 136K EB greencards wasted. When recaptured, in the past they have been given to oversubscribed countries. That is almost an entire years supply of EB greencards.

    As far as your last question goes: I'm amazed, given your interest in this subject, that you have not read the 2005-2006-2007 Ombudsmans reports which discusses in some detail how USCIS claims that it cannot provide data on pending applications by EB preference, country of chargeability, and PD. Do take some time to familiarize yourself with these reports (and read the damn footnotes.)



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  • Legal
    07-25 02:37 PM
    Do you guys remember how many visas USCIS processed within the Last few days of June 2007 ( I remember it was around 20k) just to make sure they exhaust the Visa numbers and rollback the Visa Bulletin?

    If it's possible for them to complete as many applications within a short span of time,it means they are capable of processing the applications faster...

    Now due to more hiring they might process all the available visas by the end of the year.

    Not that I'm having hopes of me getting 485 approved based on my PD, but just to put things in perspective....

    We'll see once we hit Aug 1st......

    Baseline average approvals have been 9000+ per month......read this link.

    http://www.ilw.com/articles/2007,0716-lee.shtm

    Details Leaking Out on July Visa Chart Fiasco Show Extraordinary and Legally Questionable Steps by U.S.C.I.S. to Exhaust Visa Numbers to Protect Fee Hike Collections
    by Alan Lee, Esq.
    More details came to light today as the New York Times reported that immigration officials said that employees were put to work both days last weekend at service centers in Texas and Nebraska, and that 25,000 applications were processed in the final 48 hours before Monday's deadline. ]


    This means that given the statutory authority to approve 140,000 numbers per year, the agency in the seven years has averaged 113,901 completed cases per year, or 9,492 approvals per month. ...........

    Department of State could say that sudden backlog reduction efforts by Citizenship and Immigration Services offices during the past month had resulted in the use of almost 60,000 employment numbers constitutes a phenomenon attributable solely to overtime work at the service centers during the last weekend and the cutting of corners on security as seen in the New York Times article.





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  • unseenguy
    05-29 11:50 AM
    Yeah, but your 60k only includes AOS, not CP, right?

    There are very very few CP applicants from India.



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  • BharatPremi
    09-24 06:35 PM
    How is assigning Visa number different from issuing Physical green card (they may be two step but once you get a visa number assigned you get physical green card in few days)

    Can you prove that the concept is false, this is plain interpretation of visa bulletin notes and the law.

    You also know what I am stating. You already have heard the word"Pre-adjudication" which means "To assign number" based on monthly bulletin based EB table dates and then put a file on shelf to eat dust till USCIS can "approve 485" /"Send Physical greencard" based on Prority date becomes active based on "country specific limit"

    If assigning number is almost equivalent to granting visa in a few days then there should not be hundreds of applicants waiting in "pre-adjudication" queue. We all know that many people have been pre-adjudicated and now they are just waiting for their physical GCs.





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  • jsb
    06-05 03:49 PM
    I guess many have mentioned this before.

    Diversity should not be based on "country" as well. For example I can easily say that "India" has to be considered as "20 different countries", if it divided based on diversity. And probably many of the europian countries combined should be "1 country".

    Means if the diversity quota is 100 per year, to call for proper diversity.....
    2000 for India...
    100 for many of the european countries combined....

    (Note: I didn't mean "ALL of europe", I know that whole Europe is pretty diverse as well...)

    Country based "diversity" doesn't make sense at all.

    We are not discussing justifications of US laws. We are trying to find ways within the existing laws, for speeding up our cases.



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  • justAnotherFile
    06-28 08:10 PM
    As per Macaca's logic, pre Oct 2005 PDs will take up all the numbers available for EB2 Indai for 2007, in June and July.

    If that is the case why was the Bulletin for july not set to Oct or Nov 2005 and instead made current. Surely USCIS does not want to deal with all the extra workload if it does not have to.





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  • priderock
    04-26 12:53 AM
    That was a no go for me. The company's Lawyer advised against it.



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  • Lasantha
    12-14 04:41 PM
    If that were the case then the rest of us must be equlally skeptical of your ideas since you yourself hail from an oversubscribed country. :cool:

    All you need to do is listen to the idea with an open mind and see if that makes sense. Obviously the ppl from oversubscribed countries would love to see these restrictions removed (and I can understand that) but please also keep in mind that the people from ROW will think twice about supporting such a move if it's done without other provisions like increasing the total quota, visa recapture, excluding dependents and faster processing times.


    On the other hand if you are from "ROW" then all your attempts to kill this ideas will make me understand how scared you are of this idea and hence how good this idea really is. :)





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  • sumagiri
    07-23 12:42 PM
    There are 20 K EB visas left from the regular EB category for this fiscal and there are minimum of 20k FB visas which spill over for EB.

    Thus conservative estimate 40k visas are available for use before Sep 30th. Liberal estimate the numbers could be higher.

    More likley to happen is most EB-2 upto Dec 2005 getting approved, many in early 2006 getting approved.

    Legal,

    I hope you are right. But I am not convinced because there was a statement in USCIS testimony that they used up 65% of their target in first 5 months. So even if they used up just 30% in next 5 months, there will be very few Visas left over. If their target did not include the spill overs, then you are right. But in that case, a part of the spill over should also go to EB3. So EB3 should open up again. I am also EB2. So I hope you are right. But as of now, it appears that either there are not many visas left over or it can be that USCIS target was very low.



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  • unitednations
    02-13 09:07 PM
    I am following this discussion and it is interesting. Here is what I get so far.

    USCIS is not allotting excess visa number horizontally. Unused visas from Eb1 and EB2 are not going to over subscribed countries but to EB3 ROW. The "total" visas in the law can be read as total visa across all categories. If this is true then it is likely that untill EB3 ROW becomes current, India and China will only get 7%. But here is what I do not get.

    1) From november 2005 bulletin, USCIS is saying that they are going to suspend AC21. Why did they decide to suspend ac21? Can they decide on their own when they are going to apply to AC21 and when they are not? Is AC21 not a law?

    2) Why or how did USCIS allocate large number of visas to over subscribed countries India and China before? Like in the November bulletin, USCIS says india used up around 44000 visas. Were they allocating more visas by following AC21? If yes, then why did they decide to suspend AC21? If no, then how they allocated so many numbers?

    I am trying to understand the how the USCIS decides to allocate visa numbers. And it is very complex.


    No; it is not in their discretion to suspend anything.

    Before concurrent filing came around (2002); it was pretty easy to calculate dates because the 140's had to be approved. from here they could get good estimates.

    However; they weren't ready for concurrent filing and 140's sat for almost one to two years to get approved. It looks like at this time; the visa dates started to get screwed up. Essentially, ac21 law says at anytime there is more demand then supply of visas in any quarter then 7% limit will apply. If you think about this; when would a situation ever exist where there wouldn't be more then 35,000 applications in any quarter?

    back in 2003 in one of thos aila liaision minutes; uscis had said that approving 485's for EB people wasn't a priority and they just sat there. Hardly any EB cases got approved back then.

    In April 2005 there was over 35,000 EB approvals mainly due to ombudsmen slamming them for not approving the cases. It looks like when all these cases got approved; someone at uscis/dos realized there was a big problem in their handling of visa dates and that there were too many applicants for visas and established dates and then in October 2006 they went strictly by more demand then visas available in a quarter then no ac21 and retrogression.

    That's why I say there are also many people walking around with 485's who perhaps shouldn't be; because dos/uscis didn't do it properly in the last few years.

    Also, due to the long time it was taking to get labors approved in heavy immigrant states (california, texas, georiga, new jersey, new york, virigina) many people from ROW in these states weren't able to get labors approved. However, many enterprising companies decided they were going to open branch offices in fast processing states (maine, new hampshire, south dakota, wisconsin) and get the labors approved very fast. This is why there is people with 2004 priority dates in eb3 with 485's pending but people in the slow states couldn't file. Now; there is a big convergence of all of this together. We all just happen to have gotten caught in a unique period of time in immigration (245i's; labor backlogs; concurrent filing; expansion of h-1b's, etc.).





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  • MunnaBhai
    06-27 05:55 PM
    According to the AILA, approximately 40,000 visas remain in all employment-based categories, other than EW, for FY2007, according to its sources, and that the USCIS has far more than 40,000 adjustment applications in the backlog queue that are ready for approval, not to mention the additional numbers which will be consumed in concular immigrant visa processing. It is thus possible that the cap may reach within a short period in July, even though no one can predict it until after July 2, 2007. The USCIS at this time does not have any policy announced with reference to July 2007 I-485 filings which are filed after certain date in July when the total number is exhausted. However, considering the fact that the USCIS currently rejects the "Other Worker" category I-485 applications even though June 2007 Visa Bulletin show current for certain applicants because the "other worker" category quota was exhausted on June 5, 2007. This raises a serious concern because as we reported earlier today, the USCIS appears to be picking up the speed of processing of backlog I-485 applications in anticipation of flood of July 485 applications. The USCIS hands may be tied, should the EB visa numbers for FY 2007 is exhausted before the end of July.

    http://www.immigration-law.com/



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  • paskal
    02-14 02:48 PM
    chandu...have u read the lawsuit outcome? do u still think that an administrative fix is easier to achieve than a lawsuit? lets say it comes down to either/or...either a lawsuit or an administrative fix...which one would IV support?

    but actually an administrative fix is a very real possibility. the administration is currently willing and friendly to this kind of action. we need to draw their attention to the urgency of the matter and the need to act quickly. a lawsuit, if it were to happen is many years away. anyway USCIS cannot recapture any GC on it's own, so it will have to wait for a final verdict and order to do anything..assuming success.

    therefore i would strongly suggest promoting the admin fixes campaign at this time, we do not want to lose this opportunity. this is not an either/or situation. writing letters does not take away from any other ideas etc.
    a failure would not bode well in general when it is because of lack of participation. i want to hasten to add that letters have reached in the thousands now- but we need more, many more. please keep up the efforts, and thanks to the many that are working on this now...!

    also as i said earlier- someone needs to stand up publicly and be a leader. and one leader is not enough. needs a team. that team must be willing to disclose identity etc publicly, if they are to collect money. in any case a lawsuit is very public and anonymity is not an option. these are the very basis of starting such a project. no one has yet responded to this affirmatively. a lot of yes votes do not mean anything. someone(s) needs to be willing to stick their necks out with time, money, effort and a very public profile.

    just my 2c.





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  • Rohan99
    07-22 12:24 PM
    dude, don't read too much.... it is a fun thread, Another way to scare Amway jokers.

    You will not believe that during Indian Independence day parade in Fremont Ca, these jokers were standing next to ticket counter and bothering everyone. I was not spared but I was polite to them because by nature I am not rude but annoyed lot.


    Dont you think you took it too far? I dont think you make much sense. There it is, since you asked for my opinion.



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  • bayarea07
    07-22 06:03 PM
    Good One !!!


    While we are all sharing about our Amway solicitation experiences, let me share what I've seen in the last few years.

    Background: In the last 6 years, I've been approached over 2 dozen times in the Bay Area. Things got so bad that the same guys have approached me more than 3 times in some cases before realizing that they've already talked to me before.

    Incident #1:
    A guy approached me while I was at the mall saying "hi" and striking up a conversation. During our short chat, this 20-something desi guy proceeds to tell me that he is the CIO of Fox News. At which time I pull out my iPhone and look him up using my LinkedIn app under the guise of adding him to my network. Turns out he is an engineer at a local company which he covers up by being embarassed and saying "I haven't updated my profile." I joke about how he moved up in his career so quickly - he then makes an excuse and walks away. I never hear from him again. Another reason to love technology!


    Incident #2:
    I get approached while shopping at the local GAP store. Being a veteran of this form of solicitation, I respond by saying that I work for the San Jose Mercury News and that we are doing a story on Multi-Level Marketing schemes. I ask him if he knows anyone who would be willing to chat on the record. This guys says "Nope, don't know anyone" and walks away. I never see him again...

    Incident #3:
    I am at the Nike store and get approached by this guy asking me if I work at Google (I do not). I tell him "Nope" and walk away before he can ask me another question. I have been approached by this same guy 2 more times at other stores (within 6 months) asking me similar questions. The 3rd time, I tell him - "We've spoken before - No, I don't work at Google, No, I'm not from Delhi and No, I'm not interested in what you are selling." He is stunned and walks away with his tail between his legs :)

    Incident #4:
    The local Fry's is a popular hang out for Amway-types. I learned the hard way because I made my first mistakes here. Both guys that struck up a good conversation with me turned out to be Amway types. After the 2nd phone call, I tell them that if they call me again, I will report them to the authorities and Fry's for illegal solicitation and harassment.
    This stops both people in their tracks. I never see them at Fry's again!

    Bottom-line: Hold your ground, use technology and don't be afraid to kick them around a little bit. Saying "No" is golden!





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  • saketkapur
    07-09 05:22 PM
    Hi
    I filed my I-485 in July last year. My PD is EB2-Feb 2007. I could not file for my wife since she is pursuing her medical residency on a J1 visa with the 2 year HRR requirement.
    My queries are as follows:
    1. Will I be able to interfile for her once my PD is current and she has completed her J1 waiver?
    2. For the interfiling to happen does she need to be done with her J1 waiver or even when she is pursuing it as that is a H1B visa?
    3. If I get my green card before she is done with her waiver then can I still file for her later or will her case then be treated as a family based petition?
    I will really appreciate if you can provide some insight regarding the same.
    regards
    Saket Kapur





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  • GCmuddu_H1BVaddu
    09-12 09:13 PM
    Hey _TrueFacts,

    Will you stop the caste based shit here. F**k you a** yourself idiot. You are so called senior member shitting here idiot.


    Last nail in YSR�s coffin

    Jagan gets 3 choices: DyCM, mantri, PCC (http://timesofindia.indiatimes.com/news/india/Jagan-gets-3-choices-DyCM-mantri-PCC/articleshow/4997385.cms)





    prioritydate
    07-24 08:40 AM
    Trust me. I was under the impression that it will be 3-4 years before I see green, but the reality is almost true for me now. Similarly, EB3 folks would get some news by next year. Who knows, the government will change and we have seen how keenly Obama wants a change ;). May be recapturing visas provision will be considered next year and everyone until 2006(EB3) may see some green. We never know. It's all magic and lets hope for the best. :D





    PavanV
    09-23 03:03 PM
    I believe the proposal has to be amended, it says "20%" of the loan amount , here in CA, the houses are around 500k, 20% of which turns out to be 100k, i dont have that kind of money, looks like everybody out there seems to have ton loads of money !! (damn desis !)
    How about saying " buying a house" with good credit.