Monday, June 20, 2011

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  • voldemar
    06-20 06:01 PM
    its illegal to take color photocopies of driver licences, ONLY send b/wAnd wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.





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  • sc3
    10-16 04:45 PM
    Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.




    I think you know pretty well what I am talking about. USCIS has not "reacted" in any malicious way against the immigrant community wrt. to July 07 actions. If you find they have done so they will be severely answerable to various laws in the country. Do you think the lawyers will keep quite when they sense blood in the water? There has been no "reaction" by USCIS, except as a figment of imagination in the minds of this community.



    Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.


    USCIS has always gone by RD, not PD to a large extent (there have been deviations here and there, but none of them are due to policy issues). It is unfortunate that due to your application movement to another center you got a bad "RD" -- you should probably work with them to get the RD fixed.

    PD based processing is not sustainable as I had highlighted before. If you applied for 485 before someone else, you should be approved first. Now I am saying applied for 485, not Labor/Perm. Now dont come back with a post saying I applied July 2 00:01, but someone with July 3rd 23:55 is getting approved before I am. Afford some granularity of a week or so.


    Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL’s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.

    No, you did not say that, all you said was USCIS is not doing anything wrong.


    I did not say USCIS is "doodh ka dula", but DoL and USCIS are two different entities. You cant blame one for the problems of the other. USCIS has its share of blames, but to blame everything on USCIS just shows that you have lost your objectivity. You don't want to be blamed for the actions of your colleague, so why do you blame USCIS for things which are not their doing??


    If you keep blaming USCIS for everything (I am sure some of you want to blame the economic crisis, the Darfur issue etc. on USCIS too, come on!, you know you wanted to ;) ), the community's credibility comes into question.


    End of the day, you (and/or others) are distracting the OP's idea with FUD. If you have constructive ideas to channel OPs enthusiasm you should suggest alternatives. Not make her/him fearful with untenable accusations of retribution from USCIS.





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  • friend_in_NC
    07-03 04:23 PM
    Contributed $100 for the lawsuit.
    Confirmation Number: 40W931175C853351T.





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  • coolmanasip
    03-10 01:05 PM
    Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....



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  • pdjune2003
    12-17 03:59 PM
    PD June 2003, EB3
    I-140 Approved
    485 applied on 8/8/07
    AP, EAD Received
    FP Done





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  • varshadas
    02-01 12:12 PM
    Date: Thursday, February 01, 2007
    Start Time: 10:30 PM Eastern Std Time
    End Time: 11:25 PM Eastern Std Time
    Participants: 6
    Type of Conference Web-Scheduled Standard
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 66239

    Thanks
    Varsha



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  • h1techSlave
    12-10 10:39 PM
    The solution to all our visa backlog issues is:
    1. Stop marrying.......
    2. Dont have children ...or atleast not in your home country

    Brilliant!

    or marry American girl





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  • arnab221
    09-10 02:33 PM
    Now they are debating

    H.R. 6020: To amend the Immigration and Nationality Act to protect the well-being of soldiers and their families, and for other purposes.


    Pray that the next one HR5882 passes .



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  • imneedy
    05-07 06:31 PM
    imneedy, as you very well know USCIS asked for money. Many members received similar letter from USCIS. IV did the campaign to collect $10000 for the USCIS Fees related legal fees. Many members just like you contributed for it. Updates to whats happening with the FOIA is available in donor forum.

    Donor forum is available to folks who make financial contributed of $25 or more. If you really trust IV and are looking for next step, then start contributing to IV (http://immigrationvoice.org/forum/misc.php?do=donate).

    coopheal,
    I think it is a good idea, just contributed, thanks!





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  • kutra
    03-04 10:29 AM
    Post Deleted by Kutra.

    Singhsa3, I applaud you for your efforts so I would not want any post in here to mar your objective.

    I think everyone should delete their posts from this thread that you don't want WSJ or other outlets to see.



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  • amsgc
    02-04 10:08 AM
    ...





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  • srkamath
    07-12 08:26 PM
    This part is self-explanatory. It seems that USCIS made a list of all the applicants to Jul 08, 2007 by setting PD to Jun 01, 2006.

    Documentarily Qualified might possibly imply:
    .. Medically OK
    .. FP and Name Check OK
    .. Everything in application is consistent (e.g. DOB, Name, Kids, Spouse)
    .. Requires No RFE
    .. Requires no interview
    .. Just requires GC (Visa) Number

    My 2 cents input
    Thanks for your response,
    I did some more searching on the DQ issue... it seems like it is a term applicable only to consular processing. When a visa applicant has responded to something like an RFE by sending a form DS2001 AND has cleared all background checks - he/she is called "DQ".

    The equivalent for AOS cases may therefore be
    - Completed and signed I-485 + Fees
    - All initial evidence sent such as medical etc.
    - Background checks cleared (or 180 days have passed)
    My guess is DQ does not mean pre-adjudicated (I hope so...)



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  • sganny
    04-08 01:00 AM
    no no. This is very true. This happened to my friend's friend.

    My friend's friend was visiting my friend and was traveling with his dog. The vo asked my friend's friend what his plan was with the dog. My friend's friend said he was just planning to stay with my friend and take the dog to walk in nearby park where he can poop in the grass and pee on a tire. The vo immediately called my friend and asked if he can take a us dog and have it poop in the park and pee on tire. My friend said yes! And the vo immediately deported my friend's friend along with dog!! :eek: My friend's friend very upset, not in shape to talk about it for 3 months.

    Iv should do something about this before too late! ;)

    roflmao!!!!





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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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  • GCDream
    02-09 04:23 PM
    They wasted 580 EB3 India visas last year (2009).
    Total available EB3 India GC Visas per year: 2802
    Used: 2222

    http://www.travel.state.gov/pdf/FY09AnnualReport_TableV_2.pdf





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  • angelfire76
    02-13 06:17 PM
    This is ridiculous; no one asked you to come to this country.

    Nor are you entitled to anything besides what they chose to bestow.

    Remember that.

    Can I then go ask your employer as to why he/she is paying you more than what they might think you deserve to get ? :rolleyes:
    After all nobody is forcing you to work with the company right?



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  • zerozerozeven
    03-09 12:17 PM
    let the waiting start for the May bulletin....





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  • h1techSlave
    07-28 03:04 PM
    Would you be offended if the image of Ganesh is used on a sack of rice or sugar or a bottle of cooking oil? If not, then what's the problem in using it on an alcoholic beverage bottle?

    I always thought in the same angle. Why people are so jittery about alcohol? Alcohol is harmless in reasonable quantities. It is bad when consumed excessively; so are oil, rice etc. What's the big deal about alcohol alone?





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  • hopefulgc
    12-10 08:15 PM
    even if we could do population control, another thing we would need is a time machine to go back and implement the control with retroactive effect. is there anyone who has been working on a time machine? How is it coming? :D:D:D:D

    Do some population control in India and China, that would automatically fix the issue of retrogression. We are simply too many and we have clogged the system real bad. every 6th person on the face of this earth is Indian.





    mahujam
    10-15 05:09 PM
    So if I need a copy of my LCA/I-140, and I file a FOIA request, does that go in a different queue ?





    a_yaja
    12-28 03:05 PM
    You mean 529? Thanks of telling. I was planning to open an account for my kid's college.

    Are you sure they wont let you open an account even if the kid is american citizen by birth?

    Your kid has to be a US citizen/ GC holder. You don't need to be either - except tht you need to be a resident of US with SSN (not sure if you need to be a legal resident). I live in Ohio and I opend a 529 for my daughter.



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