Mike Tyson Tattoos

You have to think twice before you travel out of the country. You cannot travel out of the country freely because you are stuck at some or the other stage of the green card process.

I believe it is also illegal to work before getting a social security number. When you are on H4 you dont have a social security number (you have an itin which is not good enough for working). You will not get a social security number unless you have work authorization (i797). H1 will start only after october 1, so you can apply for social security number only after October 1 (i.e if you have i 797), it will take you about 4 to 7 weeks to get ssn. You can work only after getting the ssn. Somebody correct me if i wrong here.

Well, yes, that too. Since they have no hesitation to ask employees to start working without waiting for 797, the absence of a pesky little SSN is not really going to stop them. If you run payroll, you need SSN. If you pay otherwise, (cash, expense checks, money order) you dont need SSN.

Category: EB3 India
PD: Oct 2001
140 AD:Sep,2005
485 RD:06/25/2007

Guies,
Dr. Emilio Gonz�lez Ask USCIS is over, we were hoping atleast we get a mention in this chat, but like everywhere we do not even get a mention, thats our plight.

That was the reason we were requesting IV to set up some kind of webfax to USCIS director, atleast he would be aware of the retrogression issue, then we can build our case from there.

But any way it is a waste of time.
---

It would be better to focus our energies in a directed fashion on some core issues that have been identified by the core team. Media, Senators, House members and other have become familiar with our issues. Will it be worthwhile to add these new provisons that might dilute our original charter? Let us address the key causes e.g. few immigrant visas, family counted towards visa numbers, re-capture past visas, increase immigrant visas etc.

What is meant by "Rejected" here?

-FedEx not accepted on July 2nd
-They took the packet and in 2-3 days they opened it and returned back some after inputting in their database
-Packet is still with them but they generated a rejection notice that was sent to lawyer/candidate
-Rejection email was sent to lawyer/candidate
OR
-USCIS's July 2nd bulletin just said all applications received would be returned/rejected and Greg's thought is that the whole pile must be kept somewhere with the action planned "to be rejected" and nobody is taking action on it and USCIS has to be made aware about that or in their yesterday's UPDATE they forgot to touch about this. ( To me this is internal processing matter of USCIS)

Well to be honest with you, I was 1 million % convinced that we all should be OK because yesterday's press release very clearly mentions " All properly filed cases would be accepted" until I stumbled on Greg's blog. Now I am confused as well.

I contacted my attorney but so far no reply. Will update all of you.

I don't think so that we have to refile as it does not make sense. Plus even those who are rejected would have proof of filing )FedEx and rejection notice and through Motion to reopen case can be resurrected. Pls keep everybody updated as and when your attorney advises you.
Thanks

ya3, the deadline is thursday ;)

May 10th.

March 10th ;)

Here you go - conversion should not impact this as the number of LC approvals remains the same:

Here are all the LC approvals for India in the last seven years.

Year, Total LC Approved, Total India
2007 85112 24573
2006 79782 22298
2005 6133 1350
2004 43582 No Info
2003 62912 No Info
2002 79784 No Info
2001 77921 No Info
2000 70204 No Info

Lets assume about 25% of pre-PERM LCs are India based on post-PERM data. Thus for fiscal 2004 (Oct 2003 thru Sep 2004) the total LC number is 43,852. Assume 25% of that to be India based on PERM data. That gives about 11,000 India LCs in 2004 alone (All EB categories combined). If you assume an average of 2.5 dependents then the number of visas required for all India EB categories for 2004 is 27,500 (11,000*2.5). The regular quota for EB2 and EB3 combined is only about 9,800. That means 17,700 visas have to come from somewhere. I dont think those many visas are remaining for this year. Be prepared to see FIFO thrown under the bus and approvals with PDs that are all over the place. Please critique this analysis without piling on. Thoughts?

EB2 has been on or Apr 2004 for a long time so all the ones before should have got the GC or at least most would have when we are calculation numbers for calculating retrogation We have to consider the numbers in in a particular category 11000 number as you say includes all the EB categories you have to discount out the EB1's because they have got their GCs long back. EB3 will also have to cut out form the calculation because they are not being counted. even if you consider 40% of these to be EB2 (a conservative estimate) then total GC needed including the dependents will be closer to 11000 (Total not just primary) and as Vdlrao and others have shown there should be more than this number available in this fiscal year alone. So I will have to agree with them that the numbers will go back but not all the way to Apr 2004 It should easily come in 2005 range may even come to 2006 since there were very few cases applied during 2005. Also can some one let me know if during 2005 when perm was instigated was regular labor processing also going on or was it completed stopped during that time.

Also conversations will affect this because people converting from EB3 to EB2 will make sure that they port their priority dates and hence if say all the EB3 people from 2003 convert to EB2 and successfully port their dates it will definitely push the dates south of 2003. Did I make sense???

Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.

Oh well!! Some things are going on in the background too and i was one of those ppl that shifted from the first group (disappointed) to the second group (optimistic) after talking with Aman. So, if you are not sure which group you are falling into, try calling someone in the core group.

curretnly debating on HR6020 about illegal immigrants.

Current PD folks, if you get RFE please share your RFE here..

So naive of you to think that Senator-elect (Is she sworn in yet?) Gillibrand would be the person to do this. She is already labeled a flip flopper for courting hispanic groups.

AFAIK, The 8 year wait time she was referring to was not EB wait times. That was posted here on IV, discussed and proved that she was talking in general. Actions speak louder than talk. Talk is free, action is risk for politicians.

Good luck!

Disappointed and hope the bench sitters will start reaching out the law makers

I completely support this idea.

VIN13

Appreciate your effort. I will send these letters to my congressman and senator. I will ask my friends who are citizens also to do the same.

What else you want us to do?

Thanks.

Best would be to meet your lawmakers. It is not too hard to get an appointment. You may be able to meet the lawmaker's aide. Just explain the situation and ask for their help to resolve.

A big help would be for someone to post contact details for some of the officials (USCIS, DOS, Ombudsman). We would be able to pass this information to the senator's aides or fax/mail the letter directly.

Thanks

Yes - thats the irony.... we can only guess USCIS should be working correctly... but no one is there to question them about there bad working...

i am also hoping and guessing USCIS should do there work correctly even after knowing that there will again be some visa numbers wasted in the drain.....

useless CIS.....

lazycis,

Thanks for the quick reply.That was useful information. I also read the document on the link you posted.

This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.

However, her pending I-485 seems problematic.

Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...

Thanks.

I have noticed that the % prior to Jan 2004 is a whopping 44.06. I have a bad feeling that this group (prior to Jan 2004) is growing. :eek:

[QUOTE=nixstor]Excellent analysis but it does have flaws

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.


"Essentially, the numbers are spread out during the first three quarters and whatever is left is available during the last quarter"

On reading the Murthy article it appears that the biggest mistake USCIS committed was using up the visa numbers before the 4th qtr began on 7/2/07.

USCIS did it other way around...desparately rushed to use up the numbers before the 4th qtr began....only explanation is to avoid doing additional paperwork for the July filers...

Its not the paper work guys. They will love the money on EAD & AP. Its the huge backlog that will remain for ever on their hump unless a recapture occurs. Due to lack of communication or what ever, DOS made every category current. The only way they can escape from accepting our applications is by using up all numbers. Thats what they essentially did. AFAIK, DOS gets updates from USCIS and CP's across the world about the number of visas they have used in the past month. DOS then prepares the VB. Assuming USCIS told DOS that they have used 80/90K for the fiscal year so far, DOS is left with 60/50K for the last quarter of the fiscal year. How can DOS imagine/understand availability of 50/60k visas to be less demand for EB categories? This is what exactly the initial July VB said and we were all stupefied. They know this in and out and a simple request for pending number of 485's from years, approved & pending 140's since retrogression hit & that do not have a adjoining 485 should come out conservatively to 150-200K. Does DOS ask this as a part of their monthly information gathering process? Yes, they does is the simple answer. Then what led to the making VB current is the esoteric Q here. USCIS will have allocated the numbers at their own pace if the VB was not made current. As the VB was made current, USCIS was forced to use all the numbers and say that there are no numbers. Unless, we hear more stuff from the offices of DOS/USCIS in response to Rep Lofgren, every thing will be speculation.

i guess now i know why EB3 I is being ignored, is is a VERY VERY VERY INDIA specific issue ? :p


My Friends.

Please stop this discussion. Not only are we digressing from one pointless topic to another, but now we are also making these discussions VERY VERY INDIA specific.

IV is an organization for members from ALL countries. Things like the Nuclear deal and the beer bottles are NOT going to help anyone get their green cards quicker. If you want to discuss these issues, please use websites like Rediff or Times Of India or Mid-Day to post items on there.

Please show some restraint while starting new threads, especially when TIME AND AGAIN the IV core/moderators/admins have reminded us that:

1) This is a forum for discussing Employment based LEGAL Immigration issues ONLY and
2) This is a MULTI-COUNTRY MULTI-CULTURAL forum with people of all cultures/races and religions.

(FYI: I am an Indian and a proud to be one btw.)

Yaaaayyyyyyyy....:D:D:p:)

this is not the new trend, back in year 2000 to 2003 , when massive layoffs were going on , it has been prevelant since then. Also if this illegal , how about people who got laid off in those years and never went bak home sitting on bench for a year, if you start to fish around, you will find lots and lots of people
had trouble in maintaining their status in the past.
Fake resume is the fact which has been there for so many years, be it for masters or for just B.E graduates.

thanks