mpadapa
09-10 09:21 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Can some gurus answer this...
Is there some wording in any laws/rules that says USCIS, no matter what, should not be approving cases out of PD order?
OR is PD just a *guidance* to maintain some sort of FIFO and there are enough loopholes in the law that allows USCIS to skirt around them and approve cases with later PDs by claiming that they are actually doing us a service by not wasting visa numbers by approving cases any which way they can?
If its the latter, then we can't do much other than appealing to their conscience and ask them to do a fairer job.
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hindu_king
03-04 11:56 AM
Thats ridiculous. I recently bought a home and got FHA loan from Chevy Chase Bank. To my surprise, they did not ask me a single immigration related document or any proof of legal presence. All they ever asked was a valid ID during closing, and I showed them my drivers license.
visves
07-15 09:10 PM
$50 from my end through BOA.
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gondalguru
07-20 11:53 AM
So maybe the H-1B provision killed it??
.
Thats what I think.
Any amendments that contain provisions to increase H1b quota will have very tough time to get through.
.
Thats what I think.
Any amendments that contain provisions to increase H1b quota will have very tough time to get through.
more...
n2b
09-10 08:50 AM
The greatness of USCIS is unbelievable!!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
When the dates move ahead, to say 2006, the 485s that get approved the most are for people whose PDs are in 2006. The 2004-2005 folks just have to keep starring!!! Then all of a sudden dates fall back to 2003...now only god knows who is yet to be approved in EB2-India before April 2003.
So what it seems like is when the dates move ahead drastically all the people who most recently applied will get approved and for the people who are stuck in backlog will see approvals only if the dates stick around their dates for atleast over a year....until then USCIS doesn't even realize that oh these people are still in queue and we need to approve them!!!
Such a BS to deal with all because of USCIS' GRACE!!!!
mirage
07-05 10:47 AM
I think every body should write/Fax/call their Senators and congressman/congresswoman even if they are lamar smith, sensenbr..
more...
diptam
08-07 02:35 PM
Now anyone can put their name in the check and encash it. If the USCIS agent is kind enough he/she would put DHS and then send for encashing...
Didn't your friend go through a Lawyer ?
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
Didn't your friend go through a Lawyer ?
one of my friends 485 check is signed and mentioned correct amount($395) but he is not written anything where he has suppossed to write department of home land security.
what are the chaces of his 485 get accepted.?
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HopeSprings
12-16 02:35 PM
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.
more...
redcard
08-12 12:44 PM
I totally agree that is a very unfair measure against the whole H1-B community and all of us here especially for lots of us who come from large Indian technology companies. Having said that, don�t we all agree that the mess we are in including the Green Card retrogression is driven by the fact that this H1-B system was grossly misused by the unscrupulous body shops and consulting companies run primarily by Indians in US. These companies not only reduced the quality of Indian Professionals which was sort after by American Technology companies but also has made the skill set of every Indian professional seeking a job doubtful because of the widespread practice of dressing up the resumes. I am sure this had to happen sooner or later and unfortunately the ethical Indian companies have also got caught in this.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
On the other hand I think the good fall out of all this should be that large Indian companies like TCS and Infosys should move from service centric model to a product centric model. I personally think that a product centric company is much higher in value chain compared to a service oriented company. Unfortunately India which has one of the best technological brains cannot boast of single product like Windows or for that matter Peopelsoft, SAP which would not have been possible without the contribution of Indian Technology Professionals but were developed for international companies.
Unfortunately we tend of have the ability of exploiting everything that comes our way like the H1-B Visa system a crackdown of which comes down to effect the people who play by the book. It won�t be long before axe comes down on the EB-1 category of GC the way its being exploited.
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Edison99
10-22 09:52 AM
Thanks for nice info!
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
My application was filed under PERM EB2 on May 12th and it got approved on Sep 2nd. Filed I-140 under premium processing yesterday. My attorney has requested earlier priority date (June 2003, EB3) while filing EB2 I-140. He said, once I-140 is approved and priority date porting is done, I-485 may be approved automatically. If not approved for a period of time (say a month or so), interfiling may be requested.
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soumeeram
03-09 12:13 PM
Eb2- i - 15-reb-04
eb3-i - 01-nov-01
eb3-i - 01-nov-01
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bigboy007
06-02 08:43 PM
If the current law passes , god forbid it wont. It is indeed scary to many : Becoz its primarily becoz of all backlog processing centre Labors, H1 sixth year extensions etc. I dont know how the heck designed this draft and i am sure all those senators wouldnt havebeen aware of all these H1B , GC Employment based numbers some staffer would have done this .
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meridiani.planum
04-01 07:02 PM
Who are we to investigate how the USCIS is functioning?
paying customers.
paying customers.
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paskal
07-11 11:33 AM
nothing will happen without extra GC numbers. we must fight for recapture and exemption. this move seems much too incredible to me. there are a few spillover numbers and a very large number of people waiting from 04-06. ther is no way these people are all (or even most) getting a GC in the short term.
we will end up seeing some random approvals and a lot of heartburn from many others. I truly wonder what is going on.....
we will end up seeing some random approvals and a lot of heartburn from many others. I truly wonder what is going on.....
more...
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willwin
10-01 04:34 PM
This might work, except that the law would have to be changed he other way also.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
Andy,
CP does not have interim benefits but the papers (Form 230) does not stay at NVC. They process Form 230, approve it, update DOS about the approval and send them to respective consulates. My paper is in Chennai Consulate for the last 2 months (and may be several years in future).
I have a question to the experts here.
If 485 applications cannot be approved because of big queue in 485, name check, general USCIS delay in processing 485, why not issue VISA numbers to cases pending in consulates (which would be 1% of 485 queue) which are already approved and just awaiting VISA numbers. I know that CP and 485 share the same pool but that just sounds ridiculous knowing that thousands of numbers wasted despite that would very well take care of ALL applications pending at Consulates.
If they allow you to apply for 485, the law says that you have the right to EAD and AP which will make it then too cumbersome for CIS to handle.
That is why when you apply for Consular Processing, your approved Visa petition(140) remains on NVC(National Visa Center) and you do not get any fringe benefit until your PD is current.
Andy,
CP does not have interim benefits but the papers (Form 230) does not stay at NVC. They process Form 230, approve it, update DOS about the approval and send them to respective consulates. My paper is in Chennai Consulate for the last 2 months (and may be several years in future).
I have a question to the experts here.
If 485 applications cannot be approved because of big queue in 485, name check, general USCIS delay in processing 485, why not issue VISA numbers to cases pending in consulates (which would be 1% of 485 queue) which are already approved and just awaiting VISA numbers. I know that CP and 485 share the same pool but that just sounds ridiculous knowing that thousands of numbers wasted despite that would very well take care of ALL applications pending at Consulates.
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sheela
07-11 09:39 AM
Just wondering...
How many people would benefit out of this big movement?
What estimated # of applications is USCIS expecting through this movement?
If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
Excuse my ignorance if there is a basic mistake in my assumption
If uscis works more efficiently, several thousand EB2 i may benefit.
Below is reproduced from uscis 7/07 explanation for last yr july fiasco. "60000 visa numbers available were made available" during the weekend of june/july 07.
during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
How many people would benefit out of this big movement?
What estimated # of applications is USCIS expecting through this movement?
If the dates were current last year same time, how many ppl with PDs between 2004 and 2006 would have missed the bus last year? Dont think many wld have...
Excuse my ignorance if there is a basic mistake in my assumption
If uscis works more efficiently, several thousand EB2 i may benefit.
Below is reproduced from uscis 7/07 explanation for last yr july fiasco. "60000 visa numbers available were made available" during the weekend of june/july 07.
during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to several previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.
more...
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diptam
08-11 05:10 PM
hpandey,
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
I do not buy this argument because how come NSC is approving peoples I-140 filed concurrently in July-Aug 2007 or even non-concurrently filed as late as Oct 2007? How come Eb2 is moving so fast in NSC ?
How come Eb2 and Eb3 for Non-concurrent filers in TSC is moving so fast ?
They have taken some deliberate steps internally not to process certain applications - which is Unfair and Illegal from a USCIS FIFO perspective and that is what we are trying to Protest professionally.
Let me know what you think !
Looks like the USCIS had been busy with the citizenship applications before the Nov elections and hence it has been slow approving I-140's and GC's. Now that it is coming to an end we might see our applications moving forward. Maybe from Nov onwards it would be better.
http://www.boston.com/news/local/breaking_news/2008/08/us_tackles_citi.html
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priti8888
06-26 01:51 PM
What is america losing?
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
Lets take a typical example:
My friend and his wife both have jobs here. They pay around $50K-60 income tax (approx) as a couple.
They have 10 yrs of exp. (approx) or have masters degree. They have a decent bit of 401K. And about 30 years of career left. They also have capital investment in India which is growing at a good pace.
Now if even one is forced to go back I am sure both of them will go back to India or wherever they are from. Makes sense?
So what are they losing by going back to India? Some $$$$. Thats all? No debt. no hassle, just semi retirement early enough.
Now think about 100 couples like this?
Now think about 1000 couples like this?
1000* 60 K = $60 million of taxes and social security lost. Who is going to pay the troops in Iraq? Or the USCIS dumbo? Will he have a job to do if we leave?
And if we leave who is going to pay the medical bills of the baby boomer who needs medicare soon?
Lets say, they replace us with younger workers. what will be their salary? 50K or 75K. lets say 80 K. Chances are they are single. If they are married. Will their wife work immediately. If no, they are collecting taxes from him at a married rate while his spouse has no income. If his wife is educated, how long will she want to live on H4? If she doesnt get H1 will they both go back or stay here endlessly? Chickens (americans).
How much tax will they will pay? If they are on F1 EAD, even better, they dont even pay social security.
Of course we lost $$$$ income, but we are not in so much deep shit as US would be if they lose 1000 couples, just 2000 people.
Now lets say we go to India and undergo semi retirement. Fine, US companies maintain competitive advantage and they gain most. But if we decide to continue to excel, can not such 2000 start a formidably competitive business? Who wins? India or USA? Or will they start multiple businesses?
Its about the numbers. If 1 or 2 dont get GC , it doesnt matter. But if thousands are impacted, most of them smart people, it will hurt someone here or many ones.
What have we really asked for in return? Just a piece of plastic that will let us live and contribute like everyone else here.
They have a problem with that too. Bloody morons.
For how many years this game of making people fools will continue? Message spreads fast. I am already telling my junior relative what to expect in America.
I totally agree with you, but think about this.
For every couple who plan to leave, there are 5 couples anxious to replace them. Do you know the % of visas approved vs visa applicants?.The 5 couples could be from anywhere, not just from india where the economy is in good shape.
My point is that America does lose when someone goes back.But the loss is on a very very micro level----and replacement is not that difficult.
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mpadapa
03-18 11:57 AM
The economic stimulus package just provides a one time rebate check. Imagine the rebate you would get on EAD and AP renewals if we all support IV and get the 3 yr EAD/AP admin fix accomplished. A saving of $645 / person ($305 - AP, $340 - EAD) for 2 out of 3 years. There is no AGI limit or SSN limitation for getting this rebate :D
If IV is able to accomplish few other items on the admin fix campaign like recapture of visas. The dates will move forward and more ppl will get GC's aand hence those folks who have spouses with ITIN now will be eligible for SSN then. If you aren't eligible for the rebate in 2007 tax return, you can claim the tax rebate on U'r 2008 tax return (provided U are eligible then).
Quite a few GC applicant's dependents are eligible for the tax rebate due to IV's efforts which enabled them to file for AOS in July 2007 and subsequently receive EAD and SSN. We should give back a few percentage of that tax rebate to IV in the form of contribution.
If IV is able to accomplish few other items on the admin fix campaign like recapture of visas. The dates will move forward and more ppl will get GC's aand hence those folks who have spouses with ITIN now will be eligible for SSN then. If you aren't eligible for the rebate in 2007 tax return, you can claim the tax rebate on U'r 2008 tax return (provided U are eligible then).
Quite a few GC applicant's dependents are eligible for the tax rebate due to IV's efforts which enabled them to file for AOS in July 2007 and subsequently receive EAD and SSN. We should give back a few percentage of that tax rebate to IV in the form of contribution.
amit_sp
03-04 10:18 AM
In my case; I was offered a refinancing rate that was 0.5% more than what I would pay if I were a GC holder. The reasoning is the short term validity of H1. Ironically I wasn't discriminated 3 years ago when I bought my house. At that time; I even didn't have my labor cert cleared. Now 3 years down the line; I have cleared first 2 stages and applied to I-485; bank charges me more :) Weird!!!!
Green.Tech
06-18 02:19 PM
Please contribute for your own benefit.
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