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Friday, June 17, 2011

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  • tomchi007
    02-21 05:12 PM
    Pardon my ignorance and pls help me understand, how does PD impact the mass 485 applications sent July/August 2007?
    I thought the PD is only relevant for being able to apply for 485 and didnt matter if your 485 application had been received. Am I wrong?





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  • ksvreg
    06-30 09:41 PM
    Can I handover my I-485 application personally on Monday at Nebraska?
    Please advise.





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  • OLDMONK
    07-18 09:26 PM
    guys,
    please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.

    Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.

    G


    Really Does is generates graphs WOW. I dont believe you. kidding.





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  • imh1b
    12-23 03:51 PM
    Anyone filed a lawsuit yet? Someone please update.

    There was one guy who was planning to do hunger strike some time back. Did he actually do it?

    Or are we all waiting for the next visa bulletin?



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  • alex99
    10-29 07:47 AM
    ^^^^^^^^^^





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  • McLuvin
    03-21 02:39 PM
    PERM Processing Times (as of 03/09/2011)

    Analyst Reviews - February 2011
    Audits - March 2009
    Standard Appeals - June 2008
    Gov't Error Appeals - Current

    A small breather.... :)

    BR,
    McLuvin



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  • DSLStart
    09-10 12:40 PM
    Hilarious :D:D:D:D

    That shows the on what priority we are on their list . We are below horse also :D

    remember a Horse a US Citizen horse while you are not , so cruelty to a US citizen is always before cruelty to aliens .

    Man sees a woman getting chased by a dog.When the dog is about to bite the woman,
    the man intervenes and kicks the dog.
    A reporter was seeing all this.He said "That was great.
    I'll definitely publish this in newspaper.Tomorrow the headline will be
    'LOCAL HERO SAVES LADY FROM A DOG'."

    The man replied "Thank you, but I'm not from here.I am from US". Reporter " OK.
    Then the headline will be
    US CITIZEN SAVES WOMAN FROM A DOG".

    Man: Actually, I live in US but I'm not a US citizen.

    I'm a Pa****i national".
    Next day, the headline in the paper read .... .... .... .... .... .... ........ .... .... .... .... .... .... .... ....

    TERRORIST ATTACKS A LOCAL DOG



    * This Joke is copied from the internet and in no way reflects my personal feelings . This is just for having some fun and cheering us up .





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  • va_il
    12-27 01:53 PM
    Munna Bhai
    I talked to Atty Murthy's office about the same issue. They said that
    they had couple of experience where I140 revoked. But USCIS honored
    the original PD. But atty says that its kinda grey area. They could insist
    that if I140 is revoked, new PD could be your change of employement date.
    It depends on the officer . Some of them could honor PD. Some of them insist to the newer PD. Or some other officer may flip a coin and chose one. It will all depend on your luck.

    good luck
    babu

    Does this mean a person with EAD has some risk moving to another job even after 6 months if old employer revokes I140?



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  • Administrator2
    04-20 07:38 PM
    Thank you for offering to volunteer for calling members in CA. Now we need 2 more volunteers to give 30-45 minutes to make the phone calls. This is a very important initiative. Kindly send me a private message if you would like to volunteer.





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  • piyu7444
    01-31 04:57 AM
    On H1 Status, one must be working full time and should be paid salary even if s/he is on benching. Three month maternity leave should be ok, but 6 months of unpaid leave will be very difficult to explain.

    You should seriously consider changing status to H4, if that is an option.

    In Nov, she can re-enter on H1 visa to come back to H1 status.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    So does this mean that pending AOS has no meaning?

    How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?

    My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.

    Thanks for your help.



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  • nixstor
    07-04 08:56 PM
    Excellent analysis but it does have flaws


    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.


    We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs

    a) They need FBI to expedite name checks (they might have testified about this)
    b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)

    Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.



    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.

    I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.


    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.

    Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS


    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.

    I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.

    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.

    We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.





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  • CSPAvictim
    07-09 07:55 PM
    I feel that they did not violate any clause. Till June 30 which is end of third quarter, they are authorized to approve (3*27%*140K) 113,400. However they approved only 66,400 till May 31. That yields about 47,000 for June alone(10%+any number not used in previous months). The reamining visas are eligible for Jul 1, which is 13,000. Put together June and July1, it comes 60,000. Therefore they did not violate any law. The remaining number was splitted for Consular porcessing.

    my 2 cents...


    Well, I didn't think Sunday, JULY 1 counted as a business day for USCIS. Isn't there a law prohibiting government employees from working on weekends? If there isn't any such law and if it really is a working day, maybe people should have hand delivered applications at the service centers on sunday. I read in some other thread that someone had his/her application delivered via USPS on sunday night :confused: No wonder this is all such a horrible mess!



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  • coopheal
    10-16 03:10 PM
    Thanks

    You can get much more data regarding PD of various categories at .
    http://www..com/usa-immigration-trackers/i485-tracker1/

    If you are filtering on the basis of application status = pending you will get much more uptodate applications than the static one as per this poll.

    Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.





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  • amitjoey
    01-18 11:48 AM
    Guys, this is the time to show the core group that we are a bunch of people thankful that there is IV to help us fight this fight.
    We need to stand united and raise awareness and sign up for the $20minimum a month recurring contribution.

    I understand that some of you do intend to contribute and have contributed generously in the past,
    But here are some mindsets, All of us fall in these 4 mindsets.

    1) you probably think "why should I sign up for a monthly recurring contribution program". I am a generous contributor and I contribute almost monthly anyways.
    2) I have contributed enough.
    3) I will contribute if I feel like, when I see something comming out of this effort.
    4) I do not have to contribute.

    If you are in category 1).I can tell you, I understand because I have been a generous contributer in the past. But guys, the reason I signed up for a monthly recurring contribution is that it helps IV know that 'X' amount of funds are guaranted every month, this way they can better plan.

    Category 2) Contributed enough - Okay why dont just sign up for a minimum amount of $20/month once more. What is enough is not enough.

    Category 3) This has been discussed, I do not want to talk about this category of members.

    Category 4) Again - No Comments-

    Lets show the core team that all of us fall in the first 2 categories.

    The last thing we want the core to do is bite their fingers over funds. We want do not want the core to get stressed out over funds. They have enough real work to do already.

    Inspite of being a serious team player, and a generous contributor it took me two days to sign up for the recurring monthly contribution program, so I give all of the ones that have not set up a monthly recurring contribution benefit of doubt. But this is our last chance, I urge you to be one of the 1000 people we need for this effort.



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  • sbabunle
    01-09 05:04 PM
    This thread's been silent..whats going on fellas.... Are you guys finding out new forums, new websites to post....... We have to meet our 10K membership......





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  • anurakt
    01-17 02:08 PM
    Well Said Pappu, if you ask for people to ask IV for updates 20 times a day, we will get thousands of contributions ...but when it comes to money to support the cause .....all these beggers (yes beggers ! ) don't show the faces. These people call themselves high skilled , I call them high skilled beggers ...they want everything without contributing a cent .... shame on you beggers ... Please go back to your country , you won't get GC.....:mad: :mad:

    Shameless creatures, not even a single guy came and blasted me out for such comments ..! This means that I am telling the truth. You guys don't even have any self dignity left to come and face off with me.
    :mad: :mad:



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  • vxb2004
    04-23 08:21 PM
    Great news Googler! Enjoy ur freedom friend....:)





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  • lvinaykumar
    07-07 02:27 AM
    Good to see the line is moveing forward insted of backward :D





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  • User00
    06-22 12:54 PM
    And wait for RFE.
    USCIS is asking for COLOR copies of DL and passport.
    Can you please provide the link ?
    I refered to USCIS website but did not find a mention of copies of DL.
    PLease advise.
    Thanks





    retrohatao
    05-17 12:01 PM
    FBI security clearance has been a blackhole with many people stuck in it without having a hope of relief in sight.Everyone might have tried the senetors, congressman, snail-mails and Faxes but of no use.
    How about the following new methods:
    1. Send a collective petition, A common letter requesting FBI, president with the details of all those stuck in the process.
    2. A letter to the news channels.
    3. Web fax to the senators/congressman

    Please share your ideas.





    rb_248
    02-20 03:08 PM
    Thats positive news. Thanks.



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