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  • Slowhand
    06-14 10:21 AM
    Hi:
    My wife came to US on L1. She got her H1 approved for this year and she resigned her L1 job. Now should we apply for H4 (dependent) since we have a few more months to go till her H1 kicks in or can she apply for an adjustment of status?
    Anybody?
    Thanks and regards,
    Slowhand





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  • delhiguy
    07-04 08:03 PM
    Excellent

    I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

    If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.

    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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  • varshadas
    01-25 10:00 AM
    Date: Saturday, January 27, 2007
    Start Time: 10:00 AM Eastern Std Time
    End Time: 10:40 AM Eastern Std Time
    Dial-in Number: 1-605-725-1900 (South Dakota)
    Organizer Access Code: *938581 (you must include the leading star key)
    Participant Access Code 34645


    Thanks,
    Varsha





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  • bfadlia
    05-27 05:57 PM
    I-485 application instructions (http://www.uscis.gov/files/form/i-485instr.pdf) ask you to make photocopies of your passport.

    And color photos of expiring EAD when renewing that too
    still so dumb, people own color scanners and color printers at home and can do whatever they want there, y u need restrictions in stores



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  • Lucky7
    12-13 05:59 AM
    I sent a letter earlier this year to one of my Senators here in CA regarding my 2001 LC and the result i got was that the senators secretary checked my case with USICS and sent a letter stating that my green card was approved 2003.
    For somebody who is still waiting for LC recruitment instructions this was a total waste of time and money ( donated $5000. to Senator).
    Next week my attorney and i and his other LC DBEC clients are going to try and make an appointment with DOL and see if they will comply.
    Number 1 point we shall pursue is to make a $5000.00 premium processing for all DBEC pending LC and have guranteed adjudication in 120 days for all LC with current PD.
    This way all clients with current PD will obvouisly pay $5000.00 and DBEC can use the extra funds for remaining cases.





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  • Refugee_New
    07-30 11:19 AM
    LOL.

    The issue of GOD and religion has been discussed ad nauseum by many great thinkers and philosophers (Spinoza, Voltaire, Hume, Russel etc.). Most of us do not read their opinions and try to broaden our knowledge. We never get beyond what our parents taught us about GOD and religion. What is worse still is that the allegorical descriptions in religious texts are now treated as facts and we often end up arguing over these as well.

    Having said that, there is nothing wrong in believing in GOD. There is also nothing wrong if someone is not convinced about the existence of GOD. There are valid philosophical arguments for both cases. Lack of mutual respect and failing to see others point of view is what is causing this rift.

    You are true. Every religion preaches their followers to give atmost respect to people of other faith. Being a weak humanbeing we always tend to forget these simple rules.



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  • sprajulu
    07-01 04:11 PM
    We all should request politely to end this country specific reservations.





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  • eager_immi
    07-24 07:09 AM
    A guy with visa #current in June, his check got encashed.Guys, check this thread out. sanjay is saying he got his checks cashed.


    http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque



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  • delax
    07-22 05:15 PM
    I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
    Oct-07 237915 842231 50548 42500 8048
    Nov-07 51773 845691 48313 42500 5813
    Dec-07 35020 833141 47570 42500 5070
    Jan-08 35771 813238 55674 42500 13174
    Feb-08 38210 787516 63932 42500 21432
    Mar-08 43548 762938 68126 42500 25626
    Apr-08 50951 742597 71292 42500 28792
    May-08 45357 739934 48020 42500 5520

    * Data from USCIS months processing report
    ** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
    ** FB is flat (730k-220k CP / 12 months)

    We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.

    Wow! Great Job. I guess I can call you vdlrao2. That means there are around 40k visas available and most should go to EB2-I.......





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  • pointlesswait
    07-28 12:45 PM
    I would recommend each and everyone...be it a believer or a non-believer..
    to read the book by Richard Dawkins: The God Delusion..

    If u have even an iota of rationality ..you will appretiate the beauty of his argument...This book is a must read for every mortal...

    You can get a "used" copy on amazon for 3$...please..i beg u guys to read it!



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  • signifer123
    02-13 11:50 AM
    Dang it!!!!
    Well maybe i'll make a new one, grinch your no fun, but on the bright side i get to make two entries.





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  • paskal
    01-21 02:21 AM
    i like the way you did this
    i wonder though if it's better to adjust it for depnedents
    per USCIS figures the average is 2.5 individuals in a family for each approval
    The timeline is stunninh when you put that in.
    I will retire or die before a GC......!



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  • xlr8r
    06-11 08:55 AM
    Done.





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  • feedfront
    09-14 04:48 PM
    what is EVL?

    I also got an RFE asking for my employer letter. I moved to IL from CA.

    I got the letter from employer and submitted to USCIS... waiting for answer..

    Employment Verification Letter.



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  • kishdam
    02-20 03:28 PM
    Thats a slight good news (in the current bad news or no news era regarding legal immigration) - hopefully there are are enough EB1 spillover visas to move EB2 by a few months each quarter.





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  • thesparky007
    03-07 07:52 PM
    i downloaded it yesterday and found it pretty
    confusing!

    i would be glad if anyone can show me some nice tuts
    or help me wiht it



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  • BharatPremi
    03-17 01:05 PM
    42% of all EB3 Green Card has priority date before December 2003!!! Man I am in deep Sh.. hmm trouble.. :eek:

    No 42% load is before June 2003 and before, in other words before July 2003.





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  • tapukakababa
    07-18 10:03 AM
    Contributions so far

    $100 + $100





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  • pa_arora
    08-15 03:30 PM
    i think visa bulletin is history
    Visa bulletin will be the future(in contrast of being history) again after u receive ur Receipt Notice as that is what u will be looking for to see if they are processing ur application after Oct.





    babu123
    07-13 01:36 PM
    What Murthy did is right job. We should not blame her as she did it lately.
    I am not her client.
    There are so many lawyers in US, But none of them wrote letter to USCIS.

    This is not the time to blame her. This is the time to unite with her and do protest. Remember she is asking on our behalf.





    .soulty
    03-11 11:39 PM
    Ok guys Poll is up! :)

    I didnt include the wires on the poll since there was a character restriction.. the wires are for those interested in how the scene was created.


    Wireframes:

    Eilsoe: wireframe (http://www.avalon-rev.dk/junk/wireframe.gif)

    BlueSunD: wireframe (http://img.photobucket.com/albums/v55/BlueSunD/Maya/Final4Views.jpg)

    Grinch: wireframe (http://img.photobucket.com/albums/v403/grinchvader/wire.jpg)(can you provide a larger screenshot?)

    Thirdworldman: wireframe (http://www.inmod.com/casey/subway_wire.jpg)


    All the renders looks great, great job everyone...:thumb:

    Good luck!



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