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  • pkak
    07-13 11:45 AM
    They have no reason to pull the dates back. Most 2004, 2005, part 2006 people got to apply during the july07 fiasco. In the past, they have pulled the dates back if new applications flooded in when they pushed the dates up.
    USCIS will process in the following order now
    1. Pull out cases based on PD, review then approve/deny/RFE
    2. While waiting for RFE, process the next based on PD
    3. IF the RFE response window is outside of this fiscal, they will re-allocate the visa number to another approvable case.

    They will manage to process about 20k cases approving as many as possible by Sep30th2008.

    Therefore, only those with pending RFEs will be delayed into next year.

    USCIS is not all that inefficient or incompetent, not sure about DOS (to be fair, the Visa Office seems to have got its act together in the recent months)


    Where the visa numbers in Oct'08 will be will depend on how proactive IV is.

    Here is my take on the situation.

    DOS said that they used up 80% of EB numbers in first 3 quarters of Fiscal year '08, that leaves 28K (20% of 140K) visas available for last quarter of Fiscal year '08.

    Since higher priority categories are already current, this means that most of these visas have to be used by EB2 India/China.

    Hence DOS made it an option for USCIS to issue another 25K visas to EB2 India/China.

    See my analysis:

    I agree

    --------------------------------------------------------------------------------

    Quote:
    Originally Posted by justAnotherFile
    i believe the argument that this sudden jump was made to help eb2 china is pure hogwash.


    Scanning the FLC database, 5978 Indian Labor applicants with Level III/IV wage rates benefit with this jump, vs 761 Labor applicants from China.

    Assuming one labor approval generates 2.5 AOS applications, and dividing the total AOS applications by 2 (attrition, I-140 denials, EB3 cases etc), approx 15K Indians benefit, vs <2K people from China.

    Add to this 04/01/2004-03/27/2005 Indian applicants whose labor cases were adjudicated by Backlog Centers (approx 6000 Level III/IV applications , assuming same ball-park as 5853 similar India applicants certified in Fiscal year 2006), approx 7.5K more Indian�s will benefit.)

    If USCIS uses these 25K visas, then in Oct'08, they get the first quarter allocation for Fiscal year '09, and my calculation shows that EB2 India/China will move to atleast Jul 1, 06 (based on 627 India/China Level III/IV labor approvals forthat period).

    If USCIS lets the 25K visas to go waste, then in Oct'08, PDs will move back to mid 04.





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  • rpatel
    07-24 08:42 AM
    To the core group/Senior Members,

    If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.

    Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.

    Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.

    Any thoughts ??





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  • ArunAntonio
    04-23 05:54 PM
    [/QUOTE] Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]

    Logic Life -- YOU ROCK MAN !!





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  • bank_king2003
    02-08 02:27 PM
    All,

    Disclaimer: I am not a ron's associate and he is not even my lawyer. just want to bring this under everyone's observations.

    there is a very nice article on ron's site about how USCIS still waste visas. this is a real slavery where due to USCIS inefficiency - hard earning people like us suffer alot and the agony is that noone is there to even listen and stop USCIS from this practice. for details
    go to:
    Discussion thread for ImmInfo Blog article: DOS explanation of visa controls (http://www.immigration-information.com/forums/general-immigration-questions/9732-discussion-thread-for-imminfo-blog-article-dos-explanation-of-visa-controls.html)

    some fine prints from the above discussion wanted to share:

    Consider the fact that USCIS purport to have preapproved about 150,000 cases. All of those cases were reported to VO as ready for closure. VO's system automatically generates specific visa numbers for specific cases. If the CIS doesn't use them, they expire and are wasted. Based on the numbers provided so far, it appears that the CIS failed to close out enough EB3 cases and about 3,000 to 5,000 numbers were wasted.

    If the CIS does not act on the assignment of individual visa numbers to pre-approved cases, then those numbers are wasted. That appears to be what happened last fiscal year.

    by law "unused" visa numbers fall across within a fiscal quarter. So, for example, all of the unused Worldwide EB2 numbers for the first fiscal quarter (Oct - Dec) "fell across" and became available to applicants chargeable to single state limited countries - in this case China and India. If for any reason there were no unused visas in a particular quarter, then there would be no fall across for that quarter. They do not save them up and issue them at the end of the fiscal year.



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  • wc_user
    02-20 06:16 PM
    Don't worry man! Your coast is near ... I think the EB3 India movement will atleast go to Sept - Oct 2001 . Someone had posted the Labor PD count from May 01 to Dec 01 . (524 in total) . Obviously the unknown which came out of the BEC backlogs makes this situation worse.

    Does anyone want to make a guess of when EB3 India 2002 will become current ? I am thinking of changing the case to EB2.. Should I change my case or should I wait for EB3 to be current ?





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  • javadeveloper
    05-15 05:50 PM
    I also know cases where during the time of campus placement, all A grade companies required US citizenship/Green Card status. Imagine doing a 100K+ investment and then listening to this crap - ooops you do not have GC......right now we are not sponsoring H1-B...........

    The way I look at it - Unless I have GC and the freedom to move around in any job or any area, what is the point doing MBA? My hands are still tied with H1-B tag. It is like buying a race car and driving it on an unpaved road. Fee free to disagree.

    And I totally understand that GC can take 10+ year if not more.

    I Agree.

    But what I feel is it's better to work as Manager(& in higher positions) in India than A developer/Lead in USA.

    I'll become old and loose interest in career By the time I get GC and completing mba .



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  • abhijitp
    07-24 12:15 PM
    I'm not expert in advising but murthy.com is saying avoid duplicate filing that may lead to rejection. Would suggest to consult v.good attorney before you do.

    I have seen that on murthy too. I am not sure why they say that. Anyone else who ever submitted multiple AOS applications?

    I am sure people have submitted two separate apps in cases such as:
    1) both husband and wife working and eligible to file. One app submitted with husband primary, wife secondary AND the other app submitted with wife primary, husband secondary
    2) AOS for old labor + AOS under PERM

    In both cases I believe the USCIS will ask you to choose between the two when the time comes.





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  • reddymjm
    09-09 02:26 PM
    I would like to see all EB3 AS DONORS.



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  • deepimpact
    09-10 01:04 PM
    I thinkThis year will be good for EB3.
    With 700 per queter going to EB2I and EB2C, this means that EB2I will go only upto few months by Jul-2011 before the spill kicks IN.
    Once the spill over kicks in EB2 will move by atmost Jul-2007 (as there are won't be any 485 filed for India / China post 2007. Even if they are it is unlikely that they will be processed in 1 or 2 months). So I expect EB3 to use most of the spill over this year.

    CATCH: IF USCIS allows filing of 485 for POST 2007 FIASCO then the above doesn't hold true.

    If there are no I-485 pending for EB2 I/C then the demand goes to zero (unless DOS/USCIS uses pending I-140s to decide demand). And if demand < supply then the category goes to current (atleast per the explanation in the demand data document).And definitely if EB2 I/C folks post July 2007 are allowed to file I-485 then USCIS will realize demand is not zero but say 50K. Then again next month PD goes back to late 2007.

    I think visa numbers are assigned to I-485 before they are processed for demand data purposes, otherwise the demand data prior to CY 2006 for EB2 I will not be zero with some people with 05 PDs still waiting for GCs. But, again this is all speculation and the situation will be clear by Sep 2011 when almost all of EB2I/C pending I-485s will have been cleared.





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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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  • singhsa3
    03-04 10:21 AM
    Same letter sent to wall street journal and left a voicemail for one of the reporters.
    Except the opening said:
    We don�t claim that my proposition here will make the housing crisis go away or bring the economy out of recession. What I am proposing in this letter is to think out of box and let us make our share of contribution to the economy.





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  • anilsal
    12-13 12:44 AM
    I still cannot understand why they do not allow one to file I-485 when the visa numbers are not current. Atleast 485 will give the person an opportunity to obtain a EAD card.

    If not, the person is in a limbo.



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  • good idea
    09-09 03:58 PM
    I would like to see all EB3 AS DONORS.
    I have read so many posts in the past where senior members have clearly said that their is nothing possible for EB3 alone and if something is possible it would be for EB.
    (as per calculator, I am going to get my GC in 2030) Would contribution of all EB3 help them in any way?





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  • chi_shark
    03-11 11:08 AM
    I agree that preadjudication could be happening now and the flood gates are to be opened for Eb2 I soon. Otherwise why would USCIS work on apps and send for RFE etc?
    I have seen high activitiy in the last few months.

    man, we are an optimistic bunch! nothing wrong with it... but this is what keeps me coming back! :-)



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  • virginian99
    06-13 01:05 PM
    Looks like Cirus is comming back. we should plan for our EB provisions...

    Sens. McConnell & Lott on verge of passing amnesty -- unless you get in their way

    THE U.S. HOUSE TODAY is dealing with many important immigration matters as it amends the Department of Homeland Security appropriations bill. Your NumbersUSA Capitol Hill Team is following this closely. You can follow all amendments and votes on our special VOTE DAY page. We update at least by the hour. If you see something you want to support or oppose, don't hesitate to call your U.S. Rep.

    TO BEST FIGHT THE SENATE AMNESTY, read Rosemary Jenks' short summary of all the key elements of the S. 1348 Bush/Kennedy amnesty bill as introduced. Scroll down to BACKGROUND INFORMATION.

    Read short descriptions of all amendments the Senate has already passed to modify the bill. Scroll down to FINISHED VOTES.

    Friends,

    I regret to tell you that our victory of last Thursday night has eroded to almost nothing by this morning.

    Senate Republican Leader Mitch McConnell of Kentucky and Senate Republican Whip Trent Lott of Mississippi have succeeded in twisting nearly enough GOP arms to assure Sen. Ted Kennedy (D-Mass.) that they can deliver the votes to pass his S. 1348 amnesty for 12-20 million illegal aliens.

    Here is the pitch that McConnell and Lott are said to be using -- and the pitch that only you can persuade Republican Senators to reject:

    Lawmakers are being told that they must agree to vote for cloture on the amnesty in exchange for a chance to have some favorite amendments brought up OR they will lose a chance to "sit at the table" in final fashioning of this bill.

    A senior GOP leadership aide confirmed that anti-amnesty Republicans are being told by Party leadership that they “need to get on board if they want to remain relevant.”

    I have some actions related to Democratic Senators that I'll detail further in this email. But our most urgent work today is with GOP Senators.

    NO MATTER HOW MANY TIMES YOU HAVE PHONED IN THE LAST MONTH, YOUR PHONE CALLS ARE DESPERATELY NEEDED TODAY.

    CALL SENATORS IN D.C.
    202-224-3121

    (If you live in Mississippi and Kentucky, I've already sent you your action opportunities. You have to take responsibility for the two Senators who at this moment are competing for the title of America's No. 1 and No. 2 Enemy. I am sending this alert to you so you have the additional information that is in it.)


    TELL GOP SENATORS TO REFUSE 'A SEAT AT THE TABLE' AND TO REMAIN 'RELEVANT' BY PROTECTING THE WORKERS AND VOTERS OF THEIR STATE


    Call their offices and tell them you have heard of the 'take-it-or-leave-it' deal they are being offered and that your advice is:

    "Refuse a Seat at The Table If All They're Serving Is Rancid Mush."

    Tell them that permanently legalizing 12-20 million illegal aliens and giving them permanent access to our jobs is a dish not worth fussing over. No amount of seasoning or ingredient changing can make this dish palatable to the voters of your state.

    Any amendment that would truly protect Americans would be killed by the Bush/Kennedy coalition.

    No matter how many amendments are allowed for votes, the end result bill will be terrible -- maybe slightly less terrible than now, but still terrible. There is no point in trading away a YES vote on cloture for the chance to offer an amendment.

    You must make it clear to every one of these Senators that they will be made to pay politically over and over the next year (maybe their whole careers) for a YES vote if this bill comes up again on cloture.

    Remind them that Sen. McCain has seen his front-runner status in the Presidential primary race plummet because of his highly public support for this bill.

    Why would any of these Senators want to carry around that same kind of baggage?

    And tell your Senators that they have all the "relevance" they need by being the representative or your state in the U.S. Senate. They don't need George Bush or Karl Rove to give them relevance, especially if relevance has to come at the expense of principle.


    EXPOSE AND CHALLENGE THE LIES THAT POLLS SHOW AMERICANS SUPPORT THIS AMNESTY


    Yet more news media polls are being released purporting to show that the majority of the public supports this Senate amnesty bill. The big use of these polls by reporters and open-borders advocates is to supposedly prove that all of your phone calls are just a loud-mouthed minority.

    The fact is that nearly all the media polls fail to offer people the choice of Attrition Through Enforcement.

    When Americans are offered a choice between legalization, attrition or mass deportations, most Americans choose attrition. And an overhwelming portion choose either attrition or mass deportation.

    You can find great backing of what I just said by going to our web page on polls.


    OUR ARMY IS GROWING -- Let's Hold Back Disaster While We Recruit Another Army of Reinforcements


    I hope you feel encouraged to know that another 4,081 Americans registered with NumbersUSA and immediately began faxing and phoning -- that was just yesterday, one day.

    Day after day, the word is getting out. More and more Americans understand that they must take real action if they are to save their American quality of life.

    We started the year with around 250,000 activist members. Barely a month ago, we hit the big 300,000 milestone. It looks like we will hit the 400,000 mark tomorrow!

    In addition, we have a total email list of more than 1.5 million now.

    Unfortunately, not everybody who connects, becomes a direct activist with us (although we assume they are having some influence among their friends and colleagues). And not all who register as activist members respond regularly to our Alerts. We know we probably need to have 2 million activist members to ensure that 500,000 are acting at any point. This is true of any organization. But we appreciate every one of you for whatever you are able to do. It all adds up to something strong.

    Numbers of faxes you ordered the last two days:
    Tuesday -- 89,776 faxes
    Monday -- 61,647 faxes


    HOLD ONTO OUR DEMOCRATIC ANTI-AMNESTY VOTES


    It is imperative that we hold onto at least 9 of the 12 Democratic and Independent NO votes we got last Thursday on the cloture vote.

    Phone these offices and urge them not to be taken in by the Republican leadership's pandering to Big Business lobbyists who are demanding to keep employing their 7-million-plus illegal workers and are demanding an amnesty for all the lawbreaking by the outlaw companies in the past.

    Tell these Democrats that they are standing with the American workers on this and should be proud of their principled stand against Pres. Bush's dream of globalizing the American labor force.

    THE 12 NON-REPUBLICANS WHO VOTED AGAINST AMNESTY LAST WEEK
    (* Up for re-election in 2008)

    * Baucus (D-Mont.)
    Bingaman (D-NM)
    Boxer (D-Calif.)
    Byrd (D-WV)
    Dorgan (D-ND)
    * Landrieu (D-La.)
    McCaskill (D-Mo.)
    * Pryor (D-Ark.)
    * Rockefeller(D-WV)
    Sanders (I-Vt.)
    Tester (D-Mont.)
    Webb (D-Va.)


    THE BASIC MATH


    Last week, 45 Senators voted for cloture. It takes 60 votes for cloture to pass, thus ending a filibuster and allowing a final vote, which at this time would require at most 50 votes to pass.

    The pro-amnesty Bush/Kennedy coalition has to persuade 15 Senators who voted NO last week to switch to YES if the cloture vote comes up again.

    The only thing that can keep that from happening is an even larger outpouring of phone calls, faxes and local demonstrations at Senate offices, etc.





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  • nlssubbu
    08-06 05:46 PM
    I have an AP and my Priority date is current. What will happend to my AP when my 485 is approved and I am out of country?

    I was in India when my 485 was approved. I entered using AP and at POE the officer looked at me with a smile saying my 485 was approved. I told them that I know through the e-mail notification as well as from my attorney. Faced no problem. Please keep your AP handly during your return.

    Wishing you to get your GC soon :)



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  • god_bless_you
    12-13 07:40 AM
    Whats the advice on this from core group?
    can we start mass web faxing USCIS for rule change?





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  • desi3933
    03-11 11:02 AM
    The problem with this guy is he has got his GC and now he doesn't want anybody to have it. Basically he enjoys when people are having of pain. That's the reason he doesn't want any progress in PD's. Dude, if you don't like if people are talking about positve things such as "PD becomes Current" then my humble request to you is just stay-out of any converstations.


    See here this guy is also saying the same thing what my lawyer has predicted.
    http://immigration-information.com/forums/showthread.php?p=28881#post28881

    Hey Joker -

    I joined IV 5 years after getting my GC. Please look at my 900+ posts and pull out one (just one) that justify your stupid thoughts.

    If that's make you happy - PD will be current next month. Now start dreaming again.

    -- desi3933





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  • boreal
    04-20 09:36 PM
    Hi Puneet and Krishna, thanks for calling me. I will be joining you guys tomorrow and meet u up at Wal-mart around 3:30





    coopheal
    04-09 05:47 PM
    Wiki updated to include May VB.

    Past Visa Bulletin Data - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data)





    vivekm1309
    07-28 12:53 PM
    Guys, IV is an immigration related forum, if your religious sentiments are hurt by a picture on beer bottle, please take it to the pertinent forum. ( why create a ruckus here ?)

    I am sure that VHP, RSS or whatever orgs are having their forums to hear these kind of greivances.

    Why do we need to divert the attention of this forum to any issues it is not supposed to look at ?

    I am scared of Red dots but this fear doesnot stop me form requesting sanity in the discussions.



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