Hermione
10-01 10:02 AM
then why are visas about to be wasted yet again this year?
after...they said all numbers were exhausted on July 2?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
after...they said all numbers were exhausted on July 2?
i think it's not quite that simple.
there is no doubt that lack of numbers is a key key issue. but letting uscis off the hook when they have failed to process 269,000 Green Card numbers since 1994 is not kosher. that is >20% of the backlog right there.
my straightforward NIW application based on national interest service not exceptional ability (which may be more subjective) will take almost a year to process. wow....!
uscis also takes the narrowest interpretations of any law- even when it clearly conflicts with the law's intent- then it takes a lawsuit to budge them- speaking from personal experience and the loss of 4 years in PD in an India line...believe me this is not an agency i feel like defending.
just my 2c.
Hey, mine is EB2 ROW - can't get any more straightforward than that, I-140 is approved, and PD has always been current! Well, 1 year 7 month and still counting. It would be really easy for me to blame USCIS inefficiencies, but let's look at the whole picture. My second H1 was approved in 1 day (premium processing), my I-140 was approved in 9 days (not premuim processing), I got my fingerprint notice and RFE on I-485 a month after I applied - that means the case was looked at, determined what else they needed, and everything was processed. Work on my AOS case was over 4 month after applying (and I did apply concurrently). Then, I had to wait for namecheck... and wait and wait. Do I blame the processing center for that? No, it's not their fault. Do I blame Chertoff for that? Sure! He is the one who's supposed to negotiate things between DHS and FBI, and make sure things work well together.
Now, we come to a different issue - quotas. It is obvious that USCIS is not good at all at managing quotas. I am in management, and to me the task of getting within 100-200 approvals on 140,000 quota does not appear Herculean. It's a very predictive process, so theoretically it should be easy to get to right numbers. My take - USCIS system is built in a way that does not allow them to understand and manage the flow of petitions - and forecast how many will be ready for approval in any given month. That's a big flaw, but you know what is the best way to fix it - to relax quotas. Then, they would not have to triple-check every petition to make sure it's current and it is its time to be approved. Having quotas adds a lot of complexity that CIS can't manage. If you look at the immediate family petitions, that do not have quotas, they are getting approved in 3-4 month, so one part of the system works fine, and the other does not.
pointlesswait
02-14 09:41 AM
i had sent an email to CISOmbudsman.. requesting allowing to file for AOS..as a mode of temporary relief...they replied..saying thanks for the input...
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
I think we must pursue this for now... since any meaning reforms are atleast couples of months away.. this relief can save lots of EB ppl during uncertain times.
inputs welcome..
I initially posted below text to reply another thread, but the title is not much relavant. So I decided to create a new thread here:
As a background, the pre-application of AOS (file 485 without PD being current) is mentioned in a DHS newsletter here (credit goes to kate123 for finding it).
http://www.dhs.gov/ynews/releases/pr_1233353528835.shtm
Here is the text:
Legal Immigration Benefit Backlogs. What progress has been made in reducing the significant backlogs that had developed in the adjudication of naturalization petitions and adjustment of status (green card) applications? Which regional offices still lag behind in making progress toward target processing times, and what specific steps are recommended for providing priority resources to those offices?
Please provide an assessment of information-sharing with the Department of State�s Bureau of Consular Affairs on projected adjustment caseloads, to be used by that Bureau in setting each month�s cutoff dates on waiting lists for immigration categories that are limited by a yearly quota. What steps have been taken and what further steps are recommended to make sure that the full quota of permanent immigration spaces is used each fiscal year? What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
This is a great finding I've read that page, but never noticed the Secretary of DHS specifically mentioned Pre-Application of AOS. Now that they do have this in their mind, can we start working on that? I'd love to share a few thoughts I have on it:
From the lessons we learnt from the past, the most important thing for this admin fix to fly is compromise: there must be kind of restriction for the pre-application AOS. A few examples I could think of are:
- The person has been in the country LEGALLY for more than a number of years, OR
- The PD are more than a certain number years old, OR
- I-140 has been approved, OR
- Must have MS or higher for a US college (just for argument's sake, please don't flame me).
The key is to not allow everyone to file pre-application or it'll be drown in a media storm and draw backfires. Yet it gives you a certain promise that you'll be able to file pre-application once you are here for a certain period of time, so everyone has hope and those who has suffered more would have an almost certain chance to do so.
IV core, should we work on this? This is the first time we see pre-application of AOS appears in official file and I believe it's a great opportunity.
rajeshalex
03-05 10:41 AM
I like ur comment gc_wow . May be we should tell USCIS/Senator this is recession time and give us some discount.
clemsonite
05-17 02:30 PM
...actually just clicked through and filled up info. Thanks for making it easier. Hope it helps.
more...
somegchuh
07-18 03:21 PM
Great way to show your sympathy! Calling ppl names...
People like bigtime008 are loosers.
They will think of themselves only. Characteristics of such peoiple are: Selfish
Instead of celebrating the greater good for all, they are just worried about what they are getting out of it.
These people join a group for security; but will always think only about themselves and will take every opportunity to demoralize the whole team.
We know BEC is an issue and there is sympathy for them, but does it mean we want to stop 700K people with families not getting a chance to better their lives
People like bigtime008 are loosers.
They will think of themselves only. Characteristics of such peoiple are: Selfish
Instead of celebrating the greater good for all, they are just worried about what they are getting out of it.
These people join a group for security; but will always think only about themselves and will take every opportunity to demoralize the whole team.
We know BEC is an issue and there is sympathy for them, but does it mean we want to stop 700K people with families not getting a chance to better their lives
syzygy
07-23 05:51 PM
I think we need to apprise Congresswoman Zoe Lofgren. Is there anyone else in similar situation in bay area?
My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...
Sending Petition to USCIS and letter to DOL . should be first step ..
My PRIORITY DATE IS sep 2002 ..i am still stuck in PBEC ...
Sending Petition to USCIS and letter to DOL . should be first step ..
more...
bushman06
05-17 03:39 PM
done
vallabhu
03-17 11:02 AM
I dont see anything which will allow us to file for 485 as soon as the labor is approved, s1932 had a point whcih would allow us to file for 485 without waiting for the priority date.
Or am I missing some thing.
Or am I missing some thing.
more...
ram04
09-24 08:38 PM
Got H 1 transfered to new company and G 28 in August 08
Applied Ac 21 in August 08
EAD and AP renewals received yesterday.
All done well after 180 days of 140.
Could not contact old employer today - will do tomorrow.
Thinking of taking info pass interview next week if I dont receive any thing by then.
Informed to attorney by mail today. As I receivied deniel email late in the evening could not contact any one today.
Hopefully all will end well with God s grace.
Thanks
Ram
Applied Ac 21 in August 08
EAD and AP renewals received yesterday.
All done well after 180 days of 140.
Could not contact old employer today - will do tomorrow.
Thinking of taking info pass interview next week if I dont receive any thing by then.
Informed to attorney by mail today. As I receivied deniel email late in the evening could not contact any one today.
Hopefully all will end well with God s grace.
Thanks
Ram
grupak
06-27 02:15 PM
^^^^
more...
eb3stuck
07-01 05:22 PM
Eng and Nishimura is the Law firm I would recommend for their efficiency,prompt communication and response.They slogged thru last Friday and Saturday making sure that all eligible applicants 485 packets reach by July 02nd.I would strongly recommend them.
http://www.engnishimura.com/ for details
http://www.engnishimura.com/ for details
cagedcactus
10-18 03:48 PM
Thanks for actively participating and helping us in this effort. I'm sure we'll make this meet a success with our combined team effort.
More volunteers are welcome to join us in helping the meeting preparations. We also greatly appreciate any other help you can provide.
Members who have signed up for the meet re-confirm (basically RSVP), if you haven't already done so (after cagedcactus requested it). It will help CC in arranging snacks and tea . You can PM him or post here.
Need transportation from Lansing to Troy? Send PM (private message) to Bestin, by clicking on his id (on the messages posted by him) in this thread/forum. He has volunteered to accomodate 4 participants on first-come-first-serve basis. If you aren't based in Lansing, but still located somewhere on the way ( b/n Lansing to Troy), he can pick you up and drop you off ( if the detour is reasonable like a few miles). Don't let the lethargy to driving long distance dampen your enthusiam to particpate in an event that will affect your future.
Guys who cannot participate on 10/20 due to any reasons, but interested in future activities - PM or E-mail me. I will add you to the list of invitees for the future activities.
Great job WD....
Kudos to Bestin too...
We clearly see the fire burning. Now that we have seen Quality, we need to see quantity... the fire must must burn throughout the state, or there is no use... more the merrier........
I know a lot of folks are enjoying the latest arrival of EAD cards and Finger prints.... but dont kid yourselves.... these are traps.... baits for those who want it easy.... we wont have it easy.... we will have to fight.... for us, and for those who are in line.... for our families, and children....
rise people........ rise now, or never....
More volunteers are welcome to join us in helping the meeting preparations. We also greatly appreciate any other help you can provide.
Members who have signed up for the meet re-confirm (basically RSVP), if you haven't already done so (after cagedcactus requested it). It will help CC in arranging snacks and tea . You can PM him or post here.
Need transportation from Lansing to Troy? Send PM (private message) to Bestin, by clicking on his id (on the messages posted by him) in this thread/forum. He has volunteered to accomodate 4 participants on first-come-first-serve basis. If you aren't based in Lansing, but still located somewhere on the way ( b/n Lansing to Troy), he can pick you up and drop you off ( if the detour is reasonable like a few miles). Don't let the lethargy to driving long distance dampen your enthusiam to particpate in an event that will affect your future.
Guys who cannot participate on 10/20 due to any reasons, but interested in future activities - PM or E-mail me. I will add you to the list of invitees for the future activities.
Great job WD....
Kudos to Bestin too...
We clearly see the fire burning. Now that we have seen Quality, we need to see quantity... the fire must must burn throughout the state, or there is no use... more the merrier........
I know a lot of folks are enjoying the latest arrival of EAD cards and Finger prints.... but dont kid yourselves.... these are traps.... baits for those who want it easy.... we wont have it easy.... we will have to fight.... for us, and for those who are in line.... for our families, and children....
rise people........ rise now, or never....
more...
eers
07-16 08:54 PM
can we post bad experience from the attornys here? Is it ok to mention the name and details?
rajeev_74
07-06 09:02 PM
Did you get the email today that it was rejected? Also when did the package reach USCIS?
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
Updates:
I got an email from my law firm, that my packet was refused to be accepted by USCIS.
I received the email from my law firm (Monday night - July 2) that:
Please note however your case was sent to Nebraska last night and did arrive - we tried!
Which means mine was sent or reached NSC sunday night or must have been hand delievered early Mon morning. Don't know exactly what happened. I just trust them!!!!
I didn't bother to ask my law firm further details. I will ping them first thing monday morning and try to give any update I get. I hope they have some proof of the refusal!!!!!!!............
more...
senthil1
05-31 02:35 PM
Yes that is true. They are lobbying strongly for H1b though they are supporting GC increases. Actually with H1b you can stay unlimited years if you apply gc. So there is no urgency for corporations to resolve the issue. They do not have fear of losing you as you are going to stay in USA until you get green card
I don't think the tech companies are lobbying (strongly enough, if at all) for EB GCs. They are happy as long as H1 quota is increased which I think they will get in one form or the other.
I don't think the tech companies are lobbying (strongly enough, if at all) for EB GCs. They are happy as long as H1 quota is increased which I think they will get in one form or the other.
illinois_alum
06-03 10:11 PM
got reply from IL Senator Dick Durbin....not a very encouragaing response to say the least...
June 3, 2010
Mr. XXXXXX
Dear Mr. XXXXXX:
Thank you for sharing with me your support for comprehensive immigration reform. I appreciate hearing from you and share your concerns.
While the United States cannot afford to absorb all those who want to settle here, we are a nation of immigrants. My mother came to the United States from Lithuania with her parents when she was two years old, and our family created a new life in Illinois. It is a testament to the greatness of this nation that the son of an immigrant can rise to represent the state of Illinois in the Senate.
At the same time, our nation faces a host of problems as a result of years of inattention to our immigration policies. The Homeland Security Department estimates that about 11 million people in the United States do not have legal status, including those who enter the country illegally and those who overstay a temporary visa. I have worked to reform our immigration system comprehensively and in a way that is tough, realistic, and consistent with our moral values.
I recently joined a number of Senators in releasing a blueprint outlining the basic principles that a comprehensive reform bill should include. The measure would improve border security by increasing manpower and deploying new technology. It would strengthen enforcement against employers who hire illegal immigrants. Today, undocumented workers are often exploited by employers who hire them. Strengthening the penalties for employers who hire undocumented workers will ensure that both immigrants and citizens who work here are protected by our wage and labor laws.
If we are serious about reform, we need a realistic approach to the millions of undocumented immigrants who already live and work in our country. We need to offer immigrants who work hard and demonstrate a long-term commitment to be law-abiding, contributing members of our society a chance to pay fines and earn their way to permanent legal status over the course of many years.
If we do not give people who are already a part of our communities the chance to earn their way to legal status, we will not solve the problem of illegal immigration. People who are living here illegally will stay in the shadows instead of coming forward to register.
While immigrants often enrich our communities, an employer's first job offer should go to any American who is willing and able to fill the job. I have been concerned about the potential impact of past proposals for temporary guest worker programs on the American workforce. In many industries, the assured availability of large pools of guest workers will give employers an incentive to pass over American job applicants in favor of foreigners willing to work for less pay and fewer benefits. During the immigration debate, I offered a Hire Americans First amendment to require employers to seek American workers for their open positions before they try to bring in guest workers. I have also introduced legislation to combat abuses in the H-1B visa program.
There is no perfect solution to the problems we face as a result of our broken immigration system. Today, our borders are not secure, our workplace enforcement laws need reform, and our immigration policy fosters a shadow economy for millions of immigrants who simply want to demonstrate that they can be hardworking contributors to the greatness of our country.
I will continue to work for a package of reforms that will protect American workers and that will be tough, enforceable, economically sensible, and morally defensible. I will keep your views in mind as the debate continues. Thank you again for contacting me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
RJD/ab
June 3, 2010
Mr. XXXXXX
Dear Mr. XXXXXX:
Thank you for sharing with me your support for comprehensive immigration reform. I appreciate hearing from you and share your concerns.
While the United States cannot afford to absorb all those who want to settle here, we are a nation of immigrants. My mother came to the United States from Lithuania with her parents when she was two years old, and our family created a new life in Illinois. It is a testament to the greatness of this nation that the son of an immigrant can rise to represent the state of Illinois in the Senate.
At the same time, our nation faces a host of problems as a result of years of inattention to our immigration policies. The Homeland Security Department estimates that about 11 million people in the United States do not have legal status, including those who enter the country illegally and those who overstay a temporary visa. I have worked to reform our immigration system comprehensively and in a way that is tough, realistic, and consistent with our moral values.
I recently joined a number of Senators in releasing a blueprint outlining the basic principles that a comprehensive reform bill should include. The measure would improve border security by increasing manpower and deploying new technology. It would strengthen enforcement against employers who hire illegal immigrants. Today, undocumented workers are often exploited by employers who hire them. Strengthening the penalties for employers who hire undocumented workers will ensure that both immigrants and citizens who work here are protected by our wage and labor laws.
If we are serious about reform, we need a realistic approach to the millions of undocumented immigrants who already live and work in our country. We need to offer immigrants who work hard and demonstrate a long-term commitment to be law-abiding, contributing members of our society a chance to pay fines and earn their way to permanent legal status over the course of many years.
If we do not give people who are already a part of our communities the chance to earn their way to legal status, we will not solve the problem of illegal immigration. People who are living here illegally will stay in the shadows instead of coming forward to register.
While immigrants often enrich our communities, an employer's first job offer should go to any American who is willing and able to fill the job. I have been concerned about the potential impact of past proposals for temporary guest worker programs on the American workforce. In many industries, the assured availability of large pools of guest workers will give employers an incentive to pass over American job applicants in favor of foreigners willing to work for less pay and fewer benefits. During the immigration debate, I offered a Hire Americans First amendment to require employers to seek American workers for their open positions before they try to bring in guest workers. I have also introduced legislation to combat abuses in the H-1B visa program.
There is no perfect solution to the problems we face as a result of our broken immigration system. Today, our borders are not secure, our workplace enforcement laws need reform, and our immigration policy fosters a shadow economy for millions of immigrants who simply want to demonstrate that they can be hardworking contributors to the greatness of our country.
I will continue to work for a package of reforms that will protect American workers and that will be tough, enforceable, economically sensible, and morally defensible. I will keep your views in mind as the debate continues. Thank you again for contacting me. Please feel free to keep in touch.
Sincerely,
Richard J. Durbin
United States Senator
RJD/ab
more...
nonimmi
04-11 05:00 PM
This month also didnt improve EB3 (I) condition!!
Does this mean more and more will convert to EB3 whose PD is 2001-2004?
Does this mean more and more will convert to EB3 whose PD is 2001-2004?
go_guy123
08-20 12:22 PM
I used David Cohen at Canada Immigration - Information on Immigration to Canada (http://www.canadavisa.com/)
They did a good job. My only complaint with they kept changing the paralegal that was handling my case like 3 times during the whole process. Otherwise no problems.
Canada rules are not complicated at all. You don't need any agent for doing paperwork.
Either you are eligible or not.
They did a good job. My only complaint with they kept changing the paralegal that was handling my case like 3 times during the whole process. Otherwise no problems.
Canada rules are not complicated at all. You don't need any agent for doing paperwork.
Either you are eligible or not.
kumarc123
07-01 12:46 PM
Hello there,
I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.
To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.
It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.
Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.
I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.
Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.
I called it took me less than 5 minutes. I expressed my concern and the lady on the phone said she will pass on the message. However the Rep at present has not made any stand. Guys come on make some calls.
To the administrator and the to the Senior members, an idea came to my mid in order to galvanize some lazy members to work with us, can we restrict their entries to this website? Maybe keep something like, access will be granted only if a certain criteria is fulfilled.
It is a shame for all the Indians who are stuck and waiting for others to help them through this, my suggestion either work with everyone on this, or simply just go back to India, where they system is even more corrupted.
Last but not the least, people here are not wasting their time, neither unemployed, but they want to stand a fight for what's right and what's wrong.
I thought coming from India, will make us all stand united, but some people just don't care neither act but complain to god for their grievances.
Guys get up, move, help us out, we all need each other on this. Revolution can only bring a change---- not the wait and not the complaint.
grupak
04-26 03:26 AM
Great going IV. Just logged in to find all the great news!! Will get more involved once back from travel.
coopheal
03-16 05:04 AM
I read in some posts before that there were 18,000 Eb3 approvals in 2007. Is this true ? If USCIS is allocating unused numbers at the end of the year, then Eb3 India might move fast during the rest of this year.
Yeah 2007 was a anomaly than rule.
Yeah 2007 was a anomaly than rule.
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