chanduv23
10-29 11:45 AM
Come on folks - we need requests in large numbers or else our campaigns will fail. Let us not be victims of our own inaction.
Please send in your requests.
This is a very serious action item and IV is working extremely hard in the background
Please send in your requests.
This is a very serious action item and IV is working extremely hard in the background
wallpaper Intervention+mw2
Abhinaym
07-03 12:01 PM
I admit, it seems discriminatory to say you can't get your GC now because you're from this country or that country but these "high volume" countries have created the current back log through their sheer numbers and sometimes multiple applications, not the system. The system is fair to ALL and for some group to say that it isn't fair because all of that group isn't getting what they want is unjust to the rest of us. I knew I would be pounced upon when I submitted my original post and it only proves my point of personal agendas; sometimes I wonder what the "I" in "IV" really stands for? Don't be so arrogant as to believe that your higher education should give you more rights than others - that doesn't fly with me! I am frustrated with this forum because of this arrogance and I may not visit too much longer!
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
Ridiculous, nobody ever mentioned education here. Did any one here mention higher education at all?
You want to get ahead of me in the line just because where I was born even if we're equally qualified, and you're calling me arrogant???
Yes, our countries are 'high volume', how does it matter? Who are you blaming for what? Now what, you want to be commended and applauded for your countries' low population? :D LOL!
Why is it so unjust to wait your turn?
BS! IV has done so much for all immigrants and not just Indians. You should get your facts straight here. Besides this is a thread created for this purpose, there are plenty of threads which help you, if you ignore all of those and make your opinions on this you're being obnoxious. Also, the number of people in support of this petition is a tiny proportion of IV'ers. So stop stereotyping man, it is showing.
You say that we applicants are to blame for our countries' populations? I.e. we're responsible for circumstances that happened before our birth? Could you get any more ridiculous please?
I hope you begin to understand who is sounding arrogant here.
I do have one question for all of you who are in favor of eliminating the per country limit; do you support an eventual road to citizenship for the large group of people who dominate the "other side" of immigration? If you don't, some may think you hipocritical to want the rules changed for yourselves!
Ridiculous, nobody ever mentioned education here. Did any one here mention higher education at all?
You want to get ahead of me in the line just because where I was born even if we're equally qualified, and you're calling me arrogant???
Yes, our countries are 'high volume', how does it matter? Who are you blaming for what? Now what, you want to be commended and applauded for your countries' low population? :D LOL!
Why is it so unjust to wait your turn?
BS! IV has done so much for all immigrants and not just Indians. You should get your facts straight here. Besides this is a thread created for this purpose, there are plenty of threads which help you, if you ignore all of those and make your opinions on this you're being obnoxious. Also, the number of people in support of this petition is a tiny proportion of IV'ers. So stop stereotyping man, it is showing.
You say that we applicants are to blame for our countries' populations? I.e. we're responsible for circumstances that happened before our birth? Could you get any more ridiculous please?
I hope you begin to understand who is sounding arrogant here.
sugaur
08-21 11:01 PM
Have the chubby guy u take care of contact the local congressman/senator/newspaper and tell them a sob story about how no one will take care of him except you and maybe you will get lucky.
One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D
One thing you can do, when you are deported, take the porky along. Less expense for the US health care.:D
2011 +2+intervention+sniper
zen
03-29 10:32 PM
Please pardon me for my ignorance but why is that every admin fix will work with money in this country?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
Does this mean we have to pay money to fix something in the system that will be useful to this country (eg: Senetors take the money and introduce the bills. Do you guys think it is equvalent to Bribe in other countries?)
I could recall that July '07 fiasco has been fixed without we donate anything.
Yes, I know that nothing is free in this country however I am not sure why should we pay bribe (or whatever you call) to fix something in the system?
These senetrors should have minimum knowledge that if they give GCs to us then we will flourish the economy in return. That is my point...
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
more...
sledge_hammer
10-20 10:01 AM
Thanks gclabor07!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
Highly Skilled workers:
Ensure high skilled workers trained and educated in the United States have the opportunity to stay and work in the United States upon graduation.
Reform caps for H-1B visa program to rise and fall in response to market conditions. Reduce bureaucracy and waiting times for workers to arrive in the United States.
Increase available green card numbers to reflect employer and employee demand.
Extend the ability for H-1B visa holders to renew their H-1B status while waiting for their green card number to become available.
Ensure available and qualified American workers are given adequate and fair opportunities to apply for available positions.
The rest of you guys; tell me this is not good for the EB community!!! Immigrants blindly think that Democrats are somehow the only party that will solve every problem of theirs w/o even looking at their agenda.
It is a no-brainer, McCain has a plan that will benefit us. I know we have no voting powers, but our support (in anyway legally possible) should be for McCain. Period!
amitjoey
01-18 12:36 PM
I've been following this Forum daily for more than
two years and never seen any achievement by Core group or
their lobbysts!
Why should I contribute this time?
Thanks
The question to ask is what should/can I do to help the core with this effort.
Not be a arm-chair critic. I know, you seem to be just frustrated, I am sure you are not questioning the core and their efforts. This is our year and we are going to be successfull this year. Nothing meaningfull can be achieved without struggle.
two years and never seen any achievement by Core group or
their lobbysts!
Why should I contribute this time?
Thanks
The question to ask is what should/can I do to help the core with this effort.
Not be a arm-chair critic. I know, you seem to be just frustrated, I am sure you are not questioning the core and their efforts. This is our year and we are going to be successfull this year. Nothing meaningfull can be achieved without struggle.
more...
uma001
03-09 09:44 PM
HAHAAHA, Yu guys are still dreaming. No more egreen cards for H1Bs doesnt matter what stage you are in. You will get queries like 'when there are so many americans without jobs, why do you need immigrants?' can any company wants to respond to this query?
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
Already several companies (especially american companies)received this type of audit, And they stopped filing labor and I140.Dont know what type of new audits come at 485 stage.I lost hopes of green card. I have 3.6 years left on H1. I will save whatever I can n go back to india, open a groceyr store, run it on no profit no loss purpose.
2010 Sniper Rifles Intervention
GCHope2011
07-02 01:18 AM
To senators..
more...
virtual55
07-03 09:11 AM
with out a reliable website, we can't communicate and do all the important things(productive) you are talking. maintaining a reliable website doesn't need much funds.
Anti immigrants will not know our plans if we may this a paid website.
Anti immigrants will not know our plans if we may this a paid website.
hair Intervention+red+tiger+mw2
imneedy
05-06 04:57 PM
I dont think we should relay on their 15 months time line. Its too late. I am sure in coming 15 months whole immigration system will be changed. May be we will see point based system or something different. And at that time information will be no use. They are smart that is why they gave us 15 months. They will wait for 12 months to Congress to do something and then if nothing happen they will write SQL query in last 3 months.
gc_on_demand, did you or anyone else here got similar letter?
gc_on_demand, did you or anyone else here got similar letter?
more...
vjkypally
03-18 05:05 PM
Its sad ROW EB3 from 06 is worried that EB2 India 03 are getting their GC's.And some are plannin to sue??????
hot I wanted to post an example of playing aggressive with a sniper rifle while
grinch
03-19 02:58 PM
Move this to Completed Battles?
more...
house Intervention sniper rifle,
rajuram
10-17 12:28 PM
I will do the request.
Do want to note that I had made this suggestion several times last year. But no one in IV leadership paid attention. I had argued that without exact numbers we can't make a good case with the lawmakers. Good that people have decided to wake up now!!
Do want to note that I had made this suggestion several times last year. But no one in IV leadership paid attention. I had argued that without exact numbers we can't make a good case with the lawmakers. Good that people have decided to wake up now!!
tattoo MW2 Gun Charts Sniper Rifles
perm2gc
01-03 10:40 PM
I was trying to find out chinese portals, but no luck. I dont have any chinese friends who are stuck in this EB mess. Are we trying to get any chinese, philippino members?
yes.We want to increase our memberships from all communities.
yes.We want to increase our memberships from all communities.
more...
pictures Intervention Sniper Rifle
.jpg "intervention sniper rifle")
vandanaverdia
09-10 03:16 PM
You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.
dresses Instead I prefer my sniper for
xyz2005
07-18 11:25 AM
OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
I think next time any one of us talks to USCIS, we should ask this question as to "Whether they have generated any rejection notices for apps received on July 2 2007 and have they mailed them".....my attorney says so far they have not received any rejection notices for apps filed on July 2 2007.
more...
makeup Automatic Intervention Sniper
jamesbond007
09-10 11:16 AM
Is that 30 dots or 30 points?
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
This is taken from the chat page:
To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points
It should be possible to have 30 points without 20 dots. I'm not clear on that, please let me know if I'm wrong.
This is taken from the chat page:
To access this area you must have: a.) Over 50 posts b.) Over 30 reputation points
girlfriend Intervention+sniper+rifle
virald
07-24 12:05 PM
Virald,
What makes you start another stupid thread?
There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.
Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"
srikondoji
I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.
Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.
Peace.
What makes you start another stupid thread?
There are gazillion threads that discussed this issue at length. Already people have discussed this and are planning their plan B and for your kind information, Greg didnot say that all July 2 applications will be rejected.
Don't try to scare people and then try to back it up by saying "I am trying to figure that out too"
srikondoji
I am not trying to scare anyone. For you the thread might be stupid, not for me. Please keep your negative remarks to yourself. Just the fact that people are discussing in this thread invalidate your kind of comments.
Also, my assumption was people come here to discuss issues, when they have doubts. No one is a lawyer here, certainly not me, hence my statement. If you are so scared please do not visit this thread.
Peace.
hairstyles Modern Warfare 2: The Ultimate Guide to Getting Tactical Nukes
optimystic
03-17 07:48 PM
"Eb3 India PD of May 2001"---optimystic
You should have got GC by now right??
Yes, I should have !! Its been a loooong Journey.
I was stuck in backlog till Dec 06.
Got I-140 approved in Jan 07.
Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).
Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)
Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)
So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )
Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)
You should have got GC by now right??
Yes, I should have !! Its been a loooong Journey.
I was stuck in backlog till Dec 06.
Got I-140 approved in Jan 07.
Then due to the lazy As*****s at the immigration firm that our company hires, who should have applied my I-485 in June 07 itself when my PD became current, but kept on procrastinating until got hit by July 2 fiasco. They didn't even were prepared to file on July 2nd nor on July 17 (though they had all papers from my end).
Finally they applied I-485 on July 29th. (recpt dt: July 30th 07)
Now my PD is current again in March and April...so finally I am getting somewhere near (hopefully)
So first the backlog screwed me , then the attorneys, then the July 2 fiasco (making everything 'U' and then making everthing 'c' thus causing this whole another backlog again! )
Anyway no hard feelings towards people benifitted by July 2 fiasco and who atleast got EADs. I hope I dont have to wait much longer :)
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.
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.
vjkypally
09-26 10:04 AM
I also sent a note
