
hopefulgc
03-05 01:30 PM
Yep.
If the EB system is categorized by country quota, what is what would be the apparent use of capturing data without the unlerlying country of origin of the applicant?
If the data is truly not available, what system are they using to anticipate demand and inform the DOS?
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
If the EB system is categorized by country quota, what is what would be the apparent use of capturing data without the unlerlying country of origin of the applicant?
If the data is truly not available, what system are they using to anticipate demand and inform the DOS?
Based on the reply to this FOIA from Needhelp!, it seems that we have a bigger problem than transparency.
They have said that country of chargeability is not assigned until case is ready for approval. However, whether or not a case is ready for approval is determined by country of chargeability. If you have 500,000 pending cases and dont know how many cases for each country of chargeability, then the only way to respond to a visa bulletin is to go thru all 500,000 cases every month, take a peek in it, look at the PD, look at the country and see if it is up for approval. I dont think they are doing that.
Also, if priority date is something that is different for different countries, then cases for those countries have to be sorted by priority date in different silos, so that when the next bulletin comes, you know how many cases are eligible that month and which ones are the earliest cases (from PD perspective) for each country.
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dpp
07-21 08:24 AM
Frankly speaking, i am not a sufferer from BEC, but i want to know more about this mess.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let’s get IV’s attention and support in this area. Let’s talk to AILA. Let’s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let’s write to media personnel. Let’s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.
Does the FIFO means, they process the applications in FIFO order, Does it mean that they approve also in the FIFO order? I think both processing and approving are different. Whoever got the case with less complications, will first get the approval and whose case got more complications, takes more time. Is it correct? I may be wrong. I think thats the reason why 2004 PDs may come out BEC fast sometimes as they put the case strongly and clearly.
Don't shout at me, i may be wrong.
Risker,
I am very glad that you brought this point. Nothing would give me greater pleasure than suing the DOL. We may not sue DOL on their inability to clear the backlogs, but we can definitely sue them in their utter and deliberate disregard to FIFO procedures (mind that some people with priority dates in 2004, 2005 have already got their labor certifications, but some with priority dates in 2001, 2002 are still stuck). When I read on the DOL web site that they have tried to maintain FIFO, it makes me feel like puking.
Some folks have pointed that the lawsuit is not worth, as it has little chance of winning. To me personally, more than winning or loosing, it is a matter of bringing injustice to the light, as Gandhi has said something in this line: First step against injustice is to make it visible. This law suit will bring public scrutiny to the misdeeds of the DOL.
Even if all the backlogs get cleared by September 2007, severe damage has been already dealt to our lives. Though I am close to getting my labor clearance (I filed RRI few weeks back), I am strongly in favor of continuing with the law suit even after getting the labor clearance.
Let’s get IV’s attention and support in this area. Let’s talk to AILA. Let’s write letters to senators and house representatives (congresswoman Lofgren may be good person to start with). Let’s write to media personnel. Let’s do whatever needs to be done to expose this insult and injury to the immigrants who waited in the line for years and followed rules of the game.

pappu
02-12 11:14 PM
http://news.ncmonline.com/news/view_article.html?article_id=17cb1f0c5e2ee248a71bd 31df832fcaa
A lot of people continue to debate with each other, accuse IV, say all kinds of nasty things that makes us sometimes question why we are working so hard for this cause. Our own people can be our worst enemies. But when you read the stories of harship, struggle and problems faced by members within our community you feel the need to work harder and give your best to this effort. It is a waste of our time and energy to douse fires everyday. There is strength in unity and collective effort.
While we are busy amongst ourselves, anti-immigrats are having party time seeing our state of affairs and they are working overtime to make us unsuccessful. They visited our forum today and saw the article published by our member in media and went to its site and trashed the member of our community. I feel we must try to protect each and every member of our community and this organization in order to bring everyone closer and feel comforted in the outside world where we have enough anti-immigrants hellbent on defeating us.
More than 7 hours have passed and not a single member has written a note opposing the views of the anti-immigrant group that works against us. The reason for not taking part in anything outside this forum is very clear. It is because we are more worried about getting updates, where $20 are going, criticising our own community members and sometimes criticising IV.
Do go here and post some hard hitting arguements to shut up Kim Berry
http://news.newamericamedia.org/news/view_article.html?article_id=17cb1f0c5e2ee248a71bd 31df832fcaa
write to rccruz@newamericamedia.org as well
A lot of people continue to debate with each other, accuse IV, say all kinds of nasty things that makes us sometimes question why we are working so hard for this cause. Our own people can be our worst enemies. But when you read the stories of harship, struggle and problems faced by members within our community you feel the need to work harder and give your best to this effort. It is a waste of our time and energy to douse fires everyday. There is strength in unity and collective effort.
While we are busy amongst ourselves, anti-immigrats are having party time seeing our state of affairs and they are working overtime to make us unsuccessful. They visited our forum today and saw the article published by our member in media and went to its site and trashed the member of our community. I feel we must try to protect each and every member of our community and this organization in order to bring everyone closer and feel comforted in the outside world where we have enough anti-immigrants hellbent on defeating us.
More than 7 hours have passed and not a single member has written a note opposing the views of the anti-immigrant group that works against us. The reason for not taking part in anything outside this forum is very clear. It is because we are more worried about getting updates, where $20 are going, criticising our own community members and sometimes criticising IV.
Do go here and post some hard hitting arguements to shut up Kim Berry
http://news.newamericamedia.org/news/view_article.html?article_id=17cb1f0c5e2ee248a71bd 31df832fcaa
write to rccruz@newamericamedia.org as well
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GCBy3000
07-17 03:54 PM
Will a part time MBA / executive MBA from reputed university do any trick for the existing H1b holders? I am not asking this for GC, but it is mere co-incidence with SKIL bill and my intention of doing MBA.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
The very first para in August 2006 visa bulletin says...
This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by July 10th in the chronological order of the reported priority dates.
MY COMMENTS:
In may it was Apr'08, then it was Apr'15 and now it is again Apr'01. So when the dates are in April 15, more people have applied for 485(than I have imagined) to consume the VISA availability quota. I wonder, if those many people are there from 2001 April and before to consume the quota, then when will the datel move to May'01. Forget about the visa dates moving to July/Aug/..Dec 01.
If the SKIL bill or any other provision is not passed into the law, it is always better to have a secondary plan to save the career at least. It is better to think our family and career assuming what we will be doing if the priority dates does not cross Dec'01 in the next five years.
I personally think to move back to India if I do not see anything by march next year. Already I am in the end of seventh year. If the SKIL bill is not passed, I donot want to do a MBA here by spending 40K(partime ,100K fulltime) and then doing a sr.software er job. With the spagetti law, I cannot change my roles whatever qualifications I add after applying for my GC. I have been postponing the idea of starting my MBA for long time becos I would like to file my 485 before I work on that. Otherwise it is waste of time, energy and money. What a HELL...............
IF the U.S Master's exception goes through, its pretty obvious that the DOS will tighten the screws on F1 Visa approvals by a magnitude of 100(unless F1 is made a dual intent visa... and that's like asking for the sky), and also USCIS will make in close to impossible to change non-immigrant visas status to F1( from say H1B). So it’s more than the 20K to get ahead of the line. The only benefit will be for folks already with a U.S Master's or it will be a new rat hole, fighting the Consulates/USCIS for F1 status.
more...

metroparknj
05-27 11:39 AM
Contributed $50...best wishes !!
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yabadaba
11-08 12:58 PM
can we stop "the ombudsman" from posting messages that have absolutely no logic just pasted articles from right wing media/blogs?
who is he to keep us flowing in the right direction?
who is he to keep us flowing in the right direction?
more...

GC_dd
05-24 05:37 PM
Unique Transaction ID #78760778E4272854J)
Business Name:
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Email:
donations@immigrationvoice.org
Business Name:
Immigration Voice
Email:
donations@immigrationvoice.org
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pa_arora
07-15 04:06 PM
Do you have any thoughts on how many people could be in this category wage level II in EB-2 I?
Why do u need any ideas/thoughts for that? Someone can look up the flcdatabase as they looked for Level 3 and Level 4.
Why do u need any ideas/thoughts for that? Someone can look up the flcdatabase as they looked for Level 3 and Level 4.
more...

stldude
07-05 08:45 AM
Here's my Tragic Story.... I just couldn't sleep since Monday !! ! ! !
My PD is May 2003 - EB3 and my stupid lawyer sent it on Thursday ( 2nd Day Air) and it reached them on July 02. Do you think if i have a chance that USCIS will accept it.. I called the Service Center and they didn't hv a clue on it yet... Atleast if USCIS can accept the appln.and provide Ead/AP that would suffice for now..
Any thoughts ????
My PD is May 2003 - EB3 and my stupid lawyer sent it on Thursday ( 2nd Day Air) and it reached them on July 02. Do you think if i have a chance that USCIS will accept it.. I called the Service Center and they didn't hv a clue on it yet... Atleast if USCIS can accept the appln.and provide Ead/AP that would suffice for now..
Any thoughts ????
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prince_charming
09-24 08:06 PM
Hi Prince charming,
I m in simillar situation as you are.
Transefered to new employer : Filed Ac 21,G 28 , H1 Transfered to new company through corporate lawyer
Even received EAD and AP renewals last week.
Today I have received deniel notices for me and my family applications.
Thank God I did not use my EAD so far.
Dont know what to do? It is so frustrating.
No NOID also , they sent deniel directly as your case.
Please post if you have received any updates.
Thanks
Ram
Hey Ram,
I am still waiting for Denial notice since...... i received CRIS email on 12th Sept and till now i have not received any notice.
Checked with my current attorney and my old attorney as well but they have not received any notice.
Can you tell me which date you received email and how many days it took to get notice in hand?
Thanks
I m in simillar situation as you are.
Transefered to new employer : Filed Ac 21,G 28 , H1 Transfered to new company through corporate lawyer
Even received EAD and AP renewals last week.
Today I have received deniel notices for me and my family applications.
Thank God I did not use my EAD so far.
Dont know what to do? It is so frustrating.
No NOID also , they sent deniel directly as your case.
Please post if you have received any updates.
Thanks
Ram
Hey Ram,
I am still waiting for Denial notice since...... i received CRIS email on 12th Sept and till now i have not received any notice.
Checked with my current attorney and my old attorney as well but they have not received any notice.
Can you tell me which date you received email and how many days it took to get notice in hand?
Thanks
more...

Totoro
05-28 02:02 PM
I agree ---- I think the momentum is slowing down...
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
Not really, because they corrected it by allowing you to file next year instead. However, the legal challenge discussed early is still being worked on.
at least can we not take any legal action for issuing out a rule (you can file MFS and get the stimuls and then amend MFJ) on 04/14/2008??? what about people who filed a long time ago as MFJ?? Because once you filed MFJ, the action is irrevocable!?! In my honest opinion, this stupidity of issuing out a clause the day before filing deadline deserves some "stir"!!
Not really, because they corrected it by allowing you to file next year instead. However, the legal challenge discussed early is still being worked on.
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claudia255
09-21 10:17 PM
IV Core has mentionned many times that we need to educate the public.
I believe one of the rally attendees was interviewd by NPR, and he was informed his story will be featured on NPR in the near future. NPR is listened to by people who are highly educated and rational. They will surely understand the plight of legal immigrants. While piece meal legislation is being introduced in Congress, we need to be as much visible as posible.
Outside of the immigrant community (mainly lawyers and legal immigrants), no one knows what legal immigrants are up against.
Dollars talk. If there is enough money for advertisements as many have suggested on this forum, people will start asking questions when they see or hear those ads. And when people ask questions, they will receive the information. Once they know about the hurdles we face, they might put some pressure on Congress to Act. Pressure put on Congress by US citizens will carry a lot of weight.
I believe one of the rally attendees was interviewd by NPR, and he was informed his story will be featured on NPR in the near future. NPR is listened to by people who are highly educated and rational. They will surely understand the plight of legal immigrants. While piece meal legislation is being introduced in Congress, we need to be as much visible as posible.
Outside of the immigrant community (mainly lawyers and legal immigrants), no one knows what legal immigrants are up against.
Dollars talk. If there is enough money for advertisements as many have suggested on this forum, people will start asking questions when they see or hear those ads. And when people ask questions, they will receive the information. Once they know about the hurdles we face, they might put some pressure on Congress to Act. Pressure put on Congress by US citizens will carry a lot of weight.
more...
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GCEB2
07-18 04:28 PM
Thanks for the Info..
My Wife got her EAD Last year. But she didn�t file for her SSN and we filed tax on her ITIN. Now she has her SSN how can we claim for Stimulus Rebate .
Thanks
My Wife got her EAD Last year. But she didn�t file for her SSN and we filed tax on her ITIN. Now she has her SSN how can we claim for Stimulus Rebate .
Thanks
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smuggymba
03-27 09:58 AM
In real life, when resources become less and scarce - even blood relatives fight and kill each other. We here don't even know each other.
The only solution is to create more resources to avoid fighting - Please donate for advocacy days and hopefully we won't need to be in the mess any longer.
The only solution is to create more resources to avoid fighting - Please donate for advocacy days and hopefully we won't need to be in the mess any longer.
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yabadaba
11-08 12:58 PM
can we stop "the ombudsman" from posting messages that have absolutely no logic just pasted articles from right wing media/blogs?
who is he to keep us flowing in the right direction?
who is he to keep us flowing in the right direction?
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rsrikant
07-20 10:37 AM
hey guys,
please put me in loop also..
my id is r s r i k a n t @ g m a i l . c o m
i will appreciate if you let me know how you plan to file for 485 with out receipt no...
please put me in loop also..
my id is r s r i k a n t @ g m a i l . c o m
i will appreciate if you let me know how you plan to file for 485 with out receipt no...
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storm
07-09 04:28 PM
Why don't you ask your attorney? He should know better than the rest of us here.
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thepaew
05-29 04:16 PM
I'll take that Air France ordeal anyday w/o compensation over an Air India first class ticket.
European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.
European carriers are not that friendly to indian flyers. if you have a choice, try to avoid them.
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ivgclive
07-21 05:35 PM
Woooowwww,
hamara bharat mahan
Thaai mannae vanakkam!
Jai Hind !!!
achieving National Integration....
hamara bharat mahan
Thaai mannae vanakkam!
Jai Hind !!!
achieving National Integration....
Macaca
09-13 09:17 AM
People are always blaming
their circumstances for what they are.
I don't believe in circumstances.
The people who get on in this world are
the people who get up and
look for the circumstances they want, and
if they can't find them,
make them
George Bernard Shaw
their circumstances for what they are.
I don't believe in circumstances.
The people who get on in this world are
the people who get up and
look for the circumstances they want, and
if they can't find them,
make them
George Bernard Shaw
a1b2c3
01-13 02:02 PM
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
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