Friday, June 24, 2011

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  • breddy2000
    01-17 03:02 PM
    Started to contribute $20 monthly.
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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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  • DesiGuy
    09-10 11:08 AM
    thanks for the updates guys.

    mods/admin, can you pls allow chat access at least for the duration of this hearing...will be appreciated. thnks





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  • zigma
    12-27 10:21 PM
    The requirement for citizenship or GC is because of the Patriot Act. The banks have had to adopt some of the regulations as part of their process. If the person is neither a citizen or PR then the government reuqires other information to ensure security (not very foolproof as most of the people in the mortgage industry are citizens and do not have much knowledge of the difference between a permanent resident alien and a resident alien. You would be surprised to learn of the kind of rules I ran across in a major bank while architecting the application entry part of the mortgage fulfillment system.

    Just to shed some light on the mortgage scenario -

    Bank of America approved me for a mortgage yesterday - the rep specifically asked for the Citizen/Perm resident question, I told him that I have a valid work visa - he asked what kind - I said H1B. He looked up my credit histoiry and approved me right there. At the end of our 30 minutes long conversation, I asked him to confirm that H1B is not an issue - he confirmed that it wasn't - as long as I have sufficient funds in my acccount, a good cash flow, and a "very good" credit history.

    The subprime mortgage industry is on the brink of collapse - due to all those foreclosures. These institutions have had a pretty relaxed lending schemes - especially for the intereset only and no-down payment ARMs.



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  • sodh
    07-23 04:02 PM
    Don't get confused between employer verification letter and employment offer letter, the ammendment was a suggestion ask some professional.





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  • hsm2007
    09-23 10:03 AM
    Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.



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  • cgs
    10-20 04:26 PM
    The following was a response to my request to support legal immigration for skilled workers.
    *****
    Thank you for writing me in support of the H-1B visa program. I agree with you that the limited increase in visas for highly skilled immigrants will benefit the economy.

    The demand for these workers is clear. When the H-1B annual numerical limits reverted to 65,000 from 195,000 the Fiscal Year 2004 limit was reached in mid-February 2004, and the Fiscal Year 2005 limit was reached on October 1, 2004, the first day of the fiscal year.

    Skilled immigrants play a valuable role in our economy. Using the technology sector as an example, the economic production of companies assisted by workers on H1-B visas in 1998 created more than $16.8 billion in sales and over 58,000 jobs. Our challenge is to capture this economic benefit while also creating more jobs and opportunity for American workers.

    As you know, the intent is that H1-B visas should only be issued if qualified American workers are unable to take the jobs in question. Also, H1-B visa holders should be paid a fair market wage for their work, not less than what an American worker would make for performing the same work. The intent of the program is not to undercut existing wage structures by importing foreign workers.

    As this debate continues, I believe it is important for Congress to assess how the H1-B visa affects job opportunities for Americans and wages in the relevant sectors. If the H-1B visa continues to help our economy and improve opportunities for American workers, I will continue my support for this program. As the Senate considers this matter, I will certainly keep your concerns in mind.

    Again, thank you for writing me about the H1-B visa program. Please stay in touch on any issue of concern to you.

    Sincerely,

    Barack Obama
    United States Senator


    P.S. Our system does not allow direct response to this email. However, if you would like to contact me again, please use the form on the website: http://obama.senate.gov/contact/

    Stay up to date with Barack's work in the Senate and on issues of importance to Illinois. Subscribe to the weekly podcast here: http://obama.senate.gov/podcast/





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  • waiting4gc
    07-05 01:43 PM
    Order Details - Jul 5, 2007 11:09 AM PDT
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    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100 $100.00

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  • tapukakababa
    07-18 11:30 AM
    I checked with someone who has hired Rajiv Khanna and they said the same thing to him. So far, they have not generated any rejection notice for any application filed on and after July 2nd. Since this came from Rajiv Khanna I would think that it's some what credible information.

    We will just have to wait and see till our checks get cashed!

    see my earlier post





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  • abc
    11-17 05:21 PM
    try to move when your 6 months of any H1b year are over.

    I am trying to file H1b transfer + extn through new company. I am on 6 and half years on H1.

    So, i will get 18 months in new h1b. Thus, I can safely file Perm through new company and get further extensions.



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  • gcseeker2002
    12-27 10:38 AM
    Dubai - no issues without valid stamp

    Frankfurt, Munich, Hamburg - I heard no issues now, if u have valid i 797 - waiting forr some comments

    Amsterdam/Schiphol - No issue without valid stamp

    London - ?????

    Seoul - ?????

    Singapore - ??????

    Bangkok - ?????

    Kuwait - ?????

    Zurich -- ????

    Geneva -- ???
    God Bless Asian countries :

    Singapore - Never heard of transit visa
    Bangkok - Never heard of transit visa
    Seoul - Never heard of transit visa
    Tokyo - They may introduce it soon as they think they are western country





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  • ajju
    02-20 03:51 PM
    I'd posted elsewhere about my Feb 13, 2008 conversation with the DOS official who sets cutoff dates:


    Thats great news.. once pre Dec 2003 is cleared.. 2004 will have some hope.. though not so fast...



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  • abhijitp
    07-24 06:08 PM
    Only the ones who were on OPT.
    No rule is without exception :-) Now what is OPT? I am pretty sure I don't belong to whatever that is.





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  • NH123
    05-15 11:15 AM
    That's bull. Online at top-rated university costs as much as full-time but definitely not more. Most of the top-notch universities don't even differentiate in-state and out-of-state. M.B.A is a money printing machine for them. Assistantships, in full-time schools, are very few and scarce and competition for them is pretty high. I have friends going to Darden School of Business as full-time students and they are paying close to $70k in fee alone. Add to this the cost of living, books etc. Times are pretty bad now and few of them couldnot even get internships for this summer and few who got had had their offers rescinded. For full-time school you have to consider something called "Opportunity Cost". There was a article in Businessweek which mentioned that a Harvard full-time M.B.A will take 15 years to break-even on his M.B.A investment. The reason for this is that he will be spending $80k on fee alone, another $20-30k for living expenses for 2 years, another 10-20k in books and other expenses. At the same time he would have lost on a average $160-200k in 2 year salary and benefits. Combines together it adds upto $300k which can be invested at average 6% interest, if you are a savvy investor, and get good returns. Assuming a Harvard M.B.A graduate on a average make $120k out-of-school if would take 15 years for him to break-even even with all the increments and bonuses.


    Now why do you think that a Harvard Graduate will stay with $120K salary for 15 years .Don't you think that in 15 years he will make much more compare to the average job?I know couple of my friends from MIT sloan are making $200K just after 3 years of graduation.



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  • ak27
    01-03 11:35 AM
    Hello Everyone,
    Wish all of you very happy new year. So far, we have only six members on group. If I may have missed anyone, please send me an email ajay1857@gmail.com.

    NJ chapter must be largest... Let us make it..

    Thank you..





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  • Raj2006
    06-10 04:49 PM
    done.



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  • BharatPremi
    03-17 03:18 PM
    But when that happens, I guess, guys in CP wil get their interview scheduled (as long as their PD is current; no RD date concept there) as the queue in CP is not as long. Correct?

    In general CP ones get out of this mess first always... I know you are CP one and you would be out well before the guy having same PD but stuck in AOS.





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  • Macaca
    09-26 12:19 PM
    Please send a thank you email to the reporter....

    Eilene Zimmerman
    freelance journalist
    v and f: 619.582.2192
    ezimmerman@sbcglobal.net


    This will be a great gesture on IV's part.
    Ask her to write separately about us and mention IV! It appears the mistake was not intensional.

    Stay in touch with her. We will need her later!





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  • iluvcric
    08-13 08:11 AM
    Count me in.

    This wait is killing us.





    485Mbe4001
    02-20 03:20 PM
    looks like there no hope for EB3 India to move further :(





    reachinus
    02-17 07:07 PM
    I have 16000 us airways miles in 2 accounts.