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forever_waiting
02-11 05:17 PM
Just a friendly thought from a co-member, If you are motivated to attend the advocacy event, why dont you consider sponsoring your travel? We should try to keep the donated miles/hotel points for on-the-edge members who we will have to try convince at the last moment when we closer to April.
Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.
-Attending the advocacy day.
I will attend the event. I want someone to sponsor my airfare and stay.
Motivated members who believe in this event should come forward and sponsor themselves and consider it as a contribution to the event. We are not doing anyone else a favor by travelling to DC - this is for our own good.
-Attending the advocacy day.
I will attend the event. I want someone to sponsor my airfare and stay.
wallpaper christina hendricks boyfriend.
sc09876
07-29 01:14 PM
Add CareFirst - Blue Cross Blue Shield
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
Legg Meson
All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
We should think of taking some legal actions...
Ya..make sure you consult your attorney to know if such a thing is viable. :). Make sure you read the "employment at will" agreement along with all the other 28 pages that you will abide by the HR policies and also make sure that you read the 125 pages of HR policies.
uma001
03-21 12:21 PM
I still dont see labor approvals after March1. I dont know where you r looking at,, Can you tell me which page your looking at?
2011 Christina Hendricks
onemorecame
10-05 12:50 PM
My Attorney is going to reply today, let�s hope for good.
Onemorecame
Onemorecame
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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.
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.
arsh007
02-01 11:38 AM
Looks like there is now an increasing awareness of how Desi Consulting companies are bringing in a bad name to the entire desi population in this country.
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
Found this email from Google H-1B Group: from
infoprovider_ 2 at yahoo dot com.
Hi,
I would like to inform you about the large scale fraud going in the
technology world today in USA. I know of many small-mid sized IT
consultancies in US, which are founded by Indians. They recruit people
(1) with degrees from various fields, most of the candidates recruited
don't ever have any experience in computers. They train them in some
tools (2) and change the resume totally (3), someone who has knowledge
relevant to the job takes the interview instead of the actual candidate
and they get placed. Ironically, even though these jobs advertisements
say that around 5 years of experience is required, usually someone with
not so high aptitude and limited trainig in that parituclar tool (2)
can manage to sustain in that position, this is very real, these jobs
can be done that way. They manage to get jobs in the biggest of US
companies (4).
This consultancy fraud is know to almost every Indian working in the
technology sector. The consultancies almost don't take any one other
than from India and surronding countires like Bangladesh, Srilanka. 99%
of those i have seen are from India and the remaining 1% from
Bangladesh, Srilanka etc.
How many are doing this?
I believe there would be atleast a few thousands of consultancies.
Wanna find them? SOme of them advertise in Indian content sites such as
sulekha.com. Look at the right hand side of the page
classifieds. sulekha.com
Who is loosing due to this.
If this jobs can be done by someone with no experience in that
technology, can't these be done by those americans who have a better
experience (say 2 years or even 1 year), these folks work sincerely and
go with correct resumes get X dollars where as the fraudsters get 3X -
5X dollars.
I don't say that every one from India are doing this. But a significant
many are doing this. I know around 30 people working in US in
technology sector. Over 20 are working this way. I can confidently say
hundreds of thousands are doing this today and each year at least 50000
(from student pool, dependents pool, directly coming to the
consultancies as H1b workers from India) are joining them. Also, I am
talking about the small to mid sized (1- 1000 people) consultancies not
the big Indian consultancies such as Infosys and TCS.
Solution:
A lot of things can be done. But the simple thing that's easy to
implement by the americans and thus not impede their productivity by
spending too much resources in verifying the authenticity is this
Let the INS provide the details of the H1b holders to the companies
when asked by the companies only (this is similar to letting others
e.g., housing provider, know about one's credit history). So, with the
applicants SSN the companies can see the basic information like when
the applicant has got his H1b approved and the resume submitted by the
applicant with his H1b application (usually not many applicants give a
very wrong resume to the INS while applying for the H1b). This
eliminates almost all the cases of fraudsters (since they can't come to
US today, one or two years ago and say that I have been working here
for 5 years). This is one simple solution, easy to implement.
There are many othere solutions
(1) Whom do they usually recruit
Thousands of students come from India every year to pursue Masters
degree. They come to pursue Master's in various fields, the fields in
which they have done their bachelor's back in India. Only about a
quarter of them manage to get jobs in the fields in which they have
done their Master's as direct employees of the companies. The remaining
join these consultancies as they can easily get jobs through the
consultancies.
Dependents, mostly those who come as spouses (coming as wives). They
might have done some bachelors degree or Masters back in India in some
field. Many of them not in computers. They don't have any experience
there. They can easily be placed by the consultancies.
SOme others pay these consultancies for sponsoring H1b visa. Typically
the consultancies take the fee required for teh application and the
lawyer fee (usually USD 2500-USD3000) . SOme of these cases are those
with experience in IT in India. But significant number of the remaining
are not experienced. Recently I have seen people who have been to other
countries for their studies like Australia and Europe coming through
the consultancies this way. Even most of these guys have no experience
in IT, most experience in no field.
(2) Which technologies they work in
I have seen that the technologies they work in are in which the pay
rates are high (because of lack of skillful people) like SAP,
DataWarehousing tools. They also work in other fields like Testing etc.
There are literally hundreds of thousands of jobs in these fields.
(3) How much is the resume changed
They change the resume totally. Every resume says the person has worked
in US for over 4 years, doesn't matter if it is someone who came for
masters to US an year or two years ago or someone who very recently
came as a wife to someone.
All most everyone's resumes have over 5 years experience where as in
reality almost everyone don't have that much experience. If someone has
that much experience they wouldn't go through these consultants who
take a big fraction of the pay they get from the clients.
Can't it be detected?
No, in most cases its hard (expensive) for the recruiters (the clients)
to find the authenticity of the resumes submitted. There is no proof
that these resumes are authentic. Just in case some references are
needed the consultancies give a dummy reference, and some phone number
(they can ask some contacts, their acquiantainces working in some
companies to take the call,if at all they feel that the client will
find out from the phone number which company does this phone number
belongs to, but most of the client companies don't go that far too, so
a guy's mobile number who is working in the consultancy itself can be
given as referencees contact number). It is hard to remember the voice
by the interviewer after a few days of the intrview and usually these
candidates join at least after a week after taking the interview (even
if the candidate joins in 3 days, its hard to remember the voice as the
interviewer usually interacts with many people (particularly they being
in team lead or managerial positions)
(4) I personally know people working in Microsoft, IBM, TEK systems,
Cingular, Amazon, Accenture, Citigroup etc. This says such people are
working in almost every technology company in USA
So then, how is an American, like me, who spent tens of thousands of
dollars to get thru 3 yrs. in a technical school that ended with a
Bachelor degree in Science with Computer Information Systems, with
honors, supposed to get a job in the IT community while these
fraudulent (most likely illegal alien Indians) take the positions away
from me? I worked my a$$ off studying hard, working hard, worked at
the school, even took an extra course study in computer hardware
configurations, and STILL, these IT companies DON'T want to even speak
to me because they OUTSOURCE from these FRAUDS! How FAIR is
that???!!!
more...
nomi
12-11 02:23 PM
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Originally Posted by Nomi
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Originally Posted by Nomi
I agree with you. Why we don`t explore this option ???? USCIS make so many rule by itself then why they don`t make this rule to file 485 while PD is not current without going in Senate. Like they start premium processing of I-140. They make this rule without any bill in US Senate. correct me if I am wrong
I think, core team should look this option or ask us to find more information about it. I think, core team can meet with high official from USCIS.
what do you guys think about it ??
thx.
2010 Christina Hendricks
sc3
10-16 01:40 PM
I still don't believe that USCIS has no say in spill over - think again :)
Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.
Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.
more...
BlueSunD
03-07 10:57 PM
Hi Sparky! Well a quick google search turned some results, hope you find them usefull,
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
Some video tutoriasl, from begginer, to more advanced: http://www.ibiblio.org/bvidtute/
These seem nice, some of the basics of modeling are shown:
http://www.vrotvrot.com/xoom/tutorials.html
And these are introductory tutoriasl to Blender from Blender.org, those look really nice and easy to follow along:
http://www.blender3d.org/Education/index_old.php?sub=
and another one... almost the same
http://www.blender3d.org/cms/Using_Blender.80.0.html
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nixstor
07-04 08:56 PM
Excellent analysis but it does have flaws
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
We all understand this and what you are saying, But What is in law is more important than OB's recommendations. First of all the office of OB might not have recommended to pass on any name checks. It might have advised to some how expedite them. More over, I dont think that they take the annual report seriously. We know how many times DOS officials and USCIS officials testify before congress. Why don't they tell congress that in order to clear backlogs
a) They need FBI to expedite name checks (they might have testified about this)
b) They need to recapture visa numbers (AFAIK, they never did this because your case is not pending unless you filed for AOS/485. We are not a part of the back log)
Their biggest problem now is if all of us file for 485, we will continue to be the back log for ever on the back of USCIS for ages to come unless recapture occurs. What ever be the number 200K or 700K, they simply dont want it.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
I am sure you might have read this from murthy's website (http://www.murthy.com/news/n_dosebn.html) or not, but DOS/CA/VO officials shared this piece with them. As per the above article, final quarter quota should not open until Jul 2nd. I understand that agencies can implement and interpret certain stuff, but you cannot interpret and implement one thing on Jun 13th and another on Jul 2nd. If its written into law, that the quarterly allocation is a must, USCIS is in violation and DOS/CA/VO as well for not policing them of visa number usage.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Understood, if they can clear 60K cases in 18 days, I doubt they will have any issues clearing them in 90 days. It goes back to the point of us becoming the biggest hump on USCIS
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
I think we all agree that there was no need to make every category current given that we know how many will become eligible for 485 filing. How ever, The OB's office will be pretty pissed if they use him as the trump card. Also, I got the annual report from OB's office in email on Jun 12th 07. VB came out on 14th? What you are saying is USCIS has worked over night to analyze OB's report or they had access to OB's report 15-20 days ahead. Everything points to me that there was a lack of communication between the two agencies on an issue with huge stakes.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
We need to do both as the success is not guaranteed in either situation. I do not know if AILF will win the law suit. On the other side, Senators like Kennedy who control immigration issues will not give a damn in the current situation. If the issue gets to a point where USCIS & DOS officials testify before congress, the root problem will be solved. If we just win the lawsuit and get in, USCIS is only going to sulk us for 10 years in the name of security check.In the end, We should be able to portray the whole situation as if USCIS has been put in a ugly predicament to utilize visa numbers under the arcane laws. Bashing DOS & USCIS left and right now is not of any use in the long run.
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pappu
07-03 04:38 PM
There have been cases of folks using L1 A Visa. Big outsourcing companies (US & Indian- Does not matter) routinely file for L1 A (intra company transferee - Managerial) when the person is clearly not performing managerial job. Once on L1 A, folks can file for EB1 and get a GC very soon as it is mostly current. I have seen cases in the past like this. I do not know the status now, as DOL is coming down heavily with audits on PERM applicants. This is one area where only deserving people need to be awarded. This post is not to blame anyone, but people do use this Grey area I suppose to their benefit.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
If this is true, then everyone who thinks this is unfair must write letters to USCIS, Ombudsman, WH etc
USCIS does not read our forums and will not take action from a forum post.
If you see something wrong, and you feel strongly about it, Do not let it happen.
In hindsight I think we should have done it for labor substitution too.
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supers789
11-23 02:25 PM
Ok. This is new to me. Can someone confirm if this is true? Is there any link that supports this?
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I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
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I guess Employer cannot revoke I-140 after 180 days - You may want to check with Immigration Specialist/lawyer
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chanduv23
02-17 11:17 AM
I am volunteering to coordinate the collection and redemption of airline miles.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
Those who would like to donate or in need please PM me with your Name and Phone number along with a good time to reach.
if you are donating miles, please also provide the airlines and the number of miles you wish to donate and contact info (name and phone number)
Please do not forget to put your phone number when you send me the PM.
Thanks
Great Vin. I would be glad to see you there. I am also reaching out to some old members who did this earlier and see if they can do any help in any possible way.
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ItIsNotFunny
10-15 02:51 PM
I wrote this once before and I will say it one last time. Pulling stunts such as the flower campaign is PLAIN STUPID. May be not to the extent we feel it should, but USCIS does realize that there are issues with how it is handling cases. It is doing the best it can with the limited resources it is being provided. Please dont embarrass USCIS anymore. Would you keep calling a blind person, blind? Please stop this childish behavior. If anything lets start thinking about CIR and how we can influence changes to favor legal immigrants. We have the time now so start lobbying for changes.
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
One last thing, if anybody believes that a dozen flowers did the trick last time, let me judge your intelligence for you. You are borderline RETARTDED. I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
One more thing, your message may be right but language was too strong :)
Kindly note that you are dealing with a established government entity. Stop adopting hindi movie ideas when interacting with USCIS. If it were so easy why not arrange "naach-gana" for USCIS everyday. We can invite Malaika Sherawat for half the price we are paying to lobby. Skimpy clothes, raunchy songs, and alcohol may mesmerize the visa officer into stamping 100 K greencards everyday.
One last thing, if anybody believes that a dozen flowers did the trick last time, let me judge your intelligence for you. You are borderline RETARTDED. I bet there were a good number of closed door meetings, lobbying, and lets throw a bone to keep them quiet for sometime- discussions that translated into the July fiasco.
I believe we are educated and sane people, so lets start doing the right thing.
Enough said.
You have difference of opinion and I respect that. What you are underestimating is power of peaceful protest. One more thing, pardon me on this but I hardly understood anything where you are going in second paragraph.
One more thing, your message may be right but language was too strong :)
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baleraosreedhar
09-10 03:14 PM
For the past 2 months there has been many quarrels between EB2 and EB3.EB2 folks were really happy as the dates were current and suddenly they saw the Oct visa news from m umbai consulate and see so many posts regarding the apathy of USICS.
My dear friends USCIS was like that only since ages and because of it Labour Backlogs were created
To resolve these issues they started BP Centers
Then again came New labour system-- but still old habits die hard and see what happened to the new labour system
now DOL is playing with us with their new cutoff dates.
So Please forget about EB2 and EB3 lets all unite and fight for final push for EB reforms to get GC.
My dear friends USCIS was like that only since ages and because of it Labour Backlogs were created
To resolve these issues they started BP Centers
Then again came New labour system-- but still old habits die hard and see what happened to the new labour system
now DOL is playing with us with their new cutoff dates.
So Please forget about EB2 and EB3 lets all unite and fight for final push for EB reforms to get GC.
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NKR
10-16 03:24 PM
So to put extensive blame on USCIS for the "reaction" (I assume you are talking about the backlogs) is not right.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
Read your above sentence, then read your below sentence. If I try to find a relation between these two sentences I do not know what you are talking.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
Again I am not sure what you are saying but MY PD is in early 2004 and RD was in Aug, they moved my application to another centre and my new RD is Oct. then I saw 2006 and 2007 cases getting approved. This is not right, why are they going by RD and not on PD?.
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Exactly dude, there should be some synchronization between DOL and USCIS. Just saying that USCIS is not responsible for DOL�s actions does not solve the problem, they can conveniently blame each other and take till eternity to process applications and you will keep saying the same thing that USCIS is not to be blamed.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
No, you did not say that, all you said was USCIS is not doing anything wrong.
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ps57002
09-19 10:01 PM
I didn't mean it in a "against illegal immgration" way. That's the downside of trying to communicate using words online, you can't tell the what other person is really saying at times. What I want (using other slogans if necessary) is to educate people that there is a difference in immigration. As soon as people hear the word immigration, to them it means "illegal" and there has to be some way (using appropriate slogans) to communicate that....that's all :)
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nomi
12-11 02:38 PM
[QUOTE=wildvoice]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
[QUOTE]
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wait4ever
09-28 08:48 AM
I have worked in the EU for more than 6 years - it is a very tough place to work and live - I bet most people here wold not last very long in the EU environment - there is a clear segregation over there huge language issues, huge cultural barriers and serious acceptability hurdles.
All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.
Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.
The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.
Most people who say that EU is a great option are clueless about the real world.
"Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !
I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!
Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.
Enough Said.
All this blue card business is just talk - Germany had introduced a similar card sometime ago and there was a big rush to get those - after a year most of those cards went un utilized and finally Germany killed the scheme, guess what most folks who landed there had tough time getting stuff done and constantly faced huge social resistance.
Also building a permanent life in the EU similar to one that most folks are looking for here - is very difficult not mention expensive and forget about career advancement and all that stuff - every time you feel like getting some satisfaction - just fly down to Amsterdam - that is pretty much it.
The best option for those folks looking to get out of the GC loop is India - that is where the action is if you dont want to stay here.
Most people who say that EU is a great option are clueless about the real world.
"Rising Euro - Blue Card - Promising Opportunities in the EU" - what a laugh !
I would love to find out what is being smoked by folks who come up with these titles - it is probably the same stuff that is being smoked by people who are pushing the DREAM act !!
Let me hear about your opportunities when you are on a crowded S BAHN in uptown Munich and no one will sit next to you even though the train is packed - people would rather stand than sit on a vacant seat next to you.
Enough Said.
newuser
04-23 12:48 PM
Out of all the people I called, around 10-15 members phone no's don't even go to a voice mail. Please update the phone's and e-mail addresses that can reached incase we have an event like this.
Thanks to all the members who were able to attend this event.
Go IV.
Thanks to all the members who were able to attend this event.
Go IV.
imh1b
11-12 03:21 PM
To the original poster of this thread: Why don't you go to court first.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
I am sure after few days of visa bulletin, his anger will fizzle out and all these people talking about action will disappear.
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