alterego
07-04 08:31 PM
Everyone blaming CIS/DOS needs to understand some basics behind this mess. Before going to conclude anything, first, one should read all the ombudsman reports for last 3 or 4 years. Former INS or current USCIS’s functions and operations were not questionable and not known to public till ombudsman office was established. Ombudsman has helped customers and keep helping to improve efficiency of CIS. Ombudsman main concern (or goal) have been over the 4 years are
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
1. Primarily reducing backlogs in any application type particularly 485 and timely approval of any application.
2. Abolish the need for interim benefits like EAD, AP etc. If they approve 485 in 6 months, then most of us do not require EAD and AP.
3. Reduce the wastage of EB visas, as unused EB visas can not be carried over to next year (use it or lose it). Since 1992, about 200,000 EB visas were lost permanently. In 2003 alone, they issued only 64,000 EB visas and lost 88,000.
The recent report to congress, the ombudsman scolded the CIS left and right for its inefficiency and highlighted how many EB visas were lost for ever, in last 10 years despite the very heavy demand for employment based green cards. Based on his report, both CIS and DOS try to obey the direction of ombudsman and modifying the 485 adjudication procedure. The reason for loss of EB visas in previous years not only due to inefficiency in processing the 485s on time, it is also due to lengthy background check delay by FBI, where USCIS has no control. For example, in 2003 they could approve about 64,000 485s only. It is partially due to USCIS inefficiency and partially due to lengthy FBI check. There are 300,000 (AOS+ Naturalization applicants) cases are pending with FBI for name check. Out of which, about 70,000 cases are pending more than 2 years. Out of 300,000 victims of name check delay, how many are really threat to the country? Perhaps none or may be few! Remember that lot of Indians also victims of name check and all the victims of name check delay already living in USA.
The big problem is the timing when USCIS takes the visa number for a 485 applicant. Till 1982, INS took visa number for a 485 applicant as soon as they receive the application. Visa number assigned to a 485 applicant without processing his/her application. He/She may not be a qualified applicant to approve 485. Still they assign to them. If they found, the applicant is ineligible, they suppose to return the number back to DOS. However, this practice was modified after 1982. USCIS is taking visa number only at the time of approval of 485, after processing the 485 for a lengthy period. For some people, particularly victims of name check, 485 processing time vary between 2 to 5 years. Though, it is a good practice it is not the ideal or efficient process, due to name check delay. Let us assume about 150,000 are victim of name check in 2003. If they assigned all the numbers to these 150,000 applicants at the time they filed 485, the 88,000 visa numbers might have not been lost in 2003. Now what happens, those who filed 485 in 2003 (victim of name check delay) will take EB numbers from 2007 or 2008 quota, if FBI clears his/her file in 2007 or 2008. This will push back those who are going to file 485 in 2007 or 2008.
That why, ombudsman in his 2007 yearly report to Congress recommended to practice the old way of assigning visa number to 485 applicants, to minimize the loss of visa numbers.
Now lets come to July Visa bulletin mess.
Because of tight holding of visa cutoff dates for EB3 and EB2 for the first 8 months of 2007 (From Oct 2006 to May 2007) USCIS approved only 66,000 485s. For the next 4 months they have about 60K to 70K numbers available. If they approve the pending 485s with slower speed or old cut off dates, there is a potential estimated loss of 40,000 EB visas by Sep 2007. Thats why, based on ombudsman recommendation, DOS moved considerably the cut off date for June. When they took inventory in May, there are about 40,000 documentarily qualified 485 applications were pending due to non-availability of visa numbers. The “documentarily qualified 485 applications” mean the application filed long time back and processed by USCIS and cleared the FBI name and criminal check, and found eligible for green card. Apart from 40,000 documentarily qualified 485 applications, there is thousands of 485 applications (documentarily not yet qualified) pending due to name check. When DOS checked with USCIS they found only 40,000 documentarily qualified 485 applications (in all EB categories put together) are pending. However, the available visas are more than 40,000 (60to 70K). Then they made with out consulting properly with USCIS they made “current” for all EB categories. This is how they determine “current” or “over-subscribed” and how they establish cutoff dates.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established.
There is nothing wrong with DOS to make all categories “current” for a July bulletin as per they definition of demand vs supply estimation to meet the numerical limitations per year. Perhaps the DOS did not aware of other impact of making all categories “current” ie fresh guys entering into I-485 race. Because of “current” there will be additional tons and tons of new filings. The rough estimation is about 500K to 700K new 485s and same amount of EAD and AP applications will be filed in July. But the available number is just 60K, and there are already 40K documentarily qualified 485s are pending more than 6 months to 3 years to take the numbers from remaining 60K pool. That leaves just 20K to fresh 485 filings. If 700K new 485 filed in July, it will choke the system. People have to live only in EAD and AP for next 5 to 10 years.
For example, an EB3-Indian whose LC approved through fast PERM on July 30th 2007, can apply 140 and 485 on July 31st 2007 as per July visa bulletin. For his PD, it will take another 10 years for the approval of 485. During this 10 year period, he/she has to live in EAD and AP and need to go for finger print every 15 month.
Therefore by making “current” for all EB categories is a billion dollar mistake by both DOS and CIS first part.. Another mistake is timing of rectifying mistake. USCIS and DOS and law firms should have discussed immediately about the potential chaos about making current and rectified move the cut-off to reasonable period to accommodate additional 20K 485s. If they modified the VB, with in couple of days after July 13, then there wont be a this much stress, time and wastage of money.
There is nothing wrong in issuing additional advisory notice or modified visa bulletin to control the usage of visa numbers. The only mistake both USCIS and DOS is made is the timing of issuance of modified visa bulletin or advisory notice. It indicates poor transparency in the system and bad customer service. Now, they used all 140K visas this year. Assigning remaining 20K visa numbers to already pending 485s which are not yet documentarily (name check delayed cases) qualified is not the violation of law. It was old practice. In fact, ombudsman recommends it. They have the trump card which is Ombudsman report and recommendations. Therefore they are immune to lawsuit. Therefore, filing the law-suit is not going to help. The only two mistakes I see is 1) making all categories as “current” in June 13 and second is modifying VB only on July 2.
My recommendation is to IV is capitalize the situation in constructive way. Law suit only bring media attention with the expense of money and time. The constructive approach is getting an immediate interim relief by legislation to recapture unused visas in previous years to balance the supply vs demand difference.
Excellent analysis and reccomendations. I feel that a visa number should be assigned at the point of 485 filing. If there is a problem it can be returned to the pool. That will be the least disruptive way to allot numbers in a timely fashion. In the end, that is likely to be the change that will come out of this.
This way, it will offer prospective applicants a more clear viewpoint of what they are up against when they consider their immigration options. i.e if you know you will have to wait 10 yrs to file an AOS even if you have an approved immigrant petition ala the family based immigrants, your plans would be different. You might not feel the wait worthwhile or even if you do, you do it fully aware of the consequences, 10 yrs exploitative employer on h1b etc.
If you notice, the level of hubris and cry is less in family based immigration even though the waits are longer. Atleast they know before they apply!
Your last point about a visa recapture is on the money. It is the least disruptive and easiest of the possible changes for current EB applicants in the current hostile atmosphere. It comes across as a rectification of USCIS inefficiency rather than a request for more immigration, which the public has clearly rejected at this time. If we can get 100-150K visas recaptured, this will greatly help EVERYONE in the EB queue for various reasons. It will buy us the 1-2 yrs needed before immigration is seriously addressed again. It will help those waiting to file 485 to file, those in 485 to have a hope to get out etc. It will help heavily retrogressed countries to keep getting more visas than the annual caps etc. I think that is something everyone can agree on as well.
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anilsal
12-11 03:44 PM
I think USCIS is under department of homeland security.
Department of State is mainly for travel.
Department of State is mainly for travel.
av2004
06-10 04:09 PM
Sent e-mail to my senators..
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sameer2730
11-25 08:51 AM
wow..this thread is putting more valuable insights..thanks to all of you who are sharing this information..
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.
Yes..I understand about ROI and all..thats why I want to do online..no way I could do fulltime.
But my biggest challenge is dedicating time..As of now, by the time we finish our dinner and put kids to sleep, it will be anywhere between 8:30PM to 9:00PM..(Sometimes my 3.5 year old son wakes up and tells me that he wants to become Spider Man..so those days will take us into 10PM range)
Now by the time, kids go to bed, I am totally exhausted and I have to keep in mind the work pressure (sometimes I may have to work late)..so I am little bit confused on how to balance.
But I certainly want to do MBA, because I want to have an MBA degree, I believe it will help me grow to next level in my job and may be help me get a better job or If I move to India then I hope an American MBA from a reputed university will fetch me a mid/senior level position (I am tired of being a tech lead/senior developer in US where all of my Juniors who joined my team as ELTP when I was project lead in India have become Deliver managers etc..dont mean to take their credit away..but staying on H1B here as put a roadblock on my career..not eveyr h1b gets an opportunity to grow..tell me about it)
so, coming back, so far, I heard from Phani about KD and It looks like a good place for Online..
The other one I was thinking about is WP Carey from Arizona state..it is also considered good..I am in FLorida and Warrington college is ranked higher but I heard being a southern college, not many recognize this one.
Also, what about PennState World Campus or Univ. of Massachusets at Lowell/Amherst.
I am just finishing up with my masters in a STEM discipline. I have two kids of my own and my wife works full time. One child is 1 year old. Believe me it just works out fine. But you will not have a "life" for the next two years, so get used to it. Weekends will be just work for two years. You will absolutely need to have your wifes support. But in the end it is very satisfying. And while you may not realize it , it sets a a great example for your child, who thinks studying is cool coz dad does it.
more...
test101
07-05 03:24 PM
what a waste of time.People should be working side by side to make media,congress, sentors aware of the our problem. Instead of fighting about making the website free or not.
pappu
04-24 12:03 PM
Congrats and best wishes.
more...
GCard_Dream
09-18 12:23 PM
Did you tell that to John McCain? He still believes that fundamentals of this economy are still very strong. I sometime wonder if he is getting it confused with Chinese economy.
If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.
If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.
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Macaca
09-26 11:46 AM
I just got a call from Eilene Zimmerman regarding the article and she promised me that she is working on fixing the error soon
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
The article is actually very well-written for H1B issues. Ask her to write a similar article about EB GC issues!
more...
pappu
01-10 06:27 PM
thank you very much
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ilikekilo
10-16 10:26 AM
U could get notarized at ur local banks or at ur work place if u ahve anyone who has a license
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
i believe you dont have to put in any recpt # 's just your name...
and also anyone knows the fax #??
more...
frostrated
06-11 04:02 PM
Why are Harkin and Sanders supporting this bill. They are both children of immigrants. They need to understand the struggle their parents went through.
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Slumdog
01-16 03:33 PM
For most of you this country has given everything you ever dreamt of & yes it is only possible in USA in short span of time but I want every member here to ask yourself one question. i.e Do you have peace of mind? I want to share with you half a day of my life as an immigrant here. I guess for some my story is not a big deal & for others they feel they are in my shoes. It�s quite lengthy for half a day story, so please read on if you have patience & time.
January xx/xx/2009
It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.
6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.
6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)
6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.
7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.
7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.
7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�
The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
� I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
� The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
� How do I invoke AC21 & how many much should I be paying Lawyers?
� My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
� What will happen to my car loans & upcoming car registration, insurance.
Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �
7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.
Part II Continuation below.......
January xx/xx/2009
It�s 5:10 Am and I had to forcefully get out of my bed after 3 snoozes ( the fact is 4th snooze my wife will kick me out of bed anyways) . While walking out of the bed I was jealous of my wife that she need not get up early & go to work as we recently had a baby & she had to leave the job as she was under contract on EAD & not full time. As soon as I came out of shower I was feeling very fresh , energetic & was already planning my day schedule at work while I was getting ready.
6:00 AM: I am all dressed up for work & while I am already late for my train & taking quick bites of breakfast , I ran upstairs to my bed room to give a goodbye kiss to my wife & daughter. While kissing my daughter I just wanted to stare at her for some more time but had to leave as I was late. & ran back to garage & started my car & zoooommmmmm. I know the back routes to station & I know police wont catch me even if I am speeding ( I was going 65mph in 30 mph zone ). While I was already half way to station I realized & said to myself NOT AGAIN ( I did not turn off lights in the house & this really pisses of my wife ) I forgot to Switch off in the bath room, upstairs corridor, stiars, main hall, kitchen,. I left lights on literally everywhere including garage except the 3 bed rooms.
6:20AM : Reached the station, parked the car & while I knew there is only 2 min left before I miss the train , I ran to newspaper walla bought the newspaper & literally ran on escalator & just got in the train & the door closed behind me. I guess this happens atleast 2-3 times a week & hey I think I got used to it.
Once I am in the train I had relax for 5 min to to take breath from running on escalators & then I read the headlines & said nyah same old stuff which was showed at 9PM news last night & didn�t bother to read any more , I opened up business edition & completed & it was frustrating to see that DOW tumbled gain, forclosure on rise, no hopes for good market in 2009 blah blah blah blah blah & then I closed my eyes & started day dreaming about my daughter, her cute smile & thinking about my upcoming trip to india as it will be the first time I am visiting after my baby was born. Just when I though I was falling into sweet dreams I heard this announcement from train operator � Abhey salla utto , tumahara station aagya, jaakey kuch kaam kar� I will translate this in English for non indians ( good morning ladies & gentlemen you have reached station �xyz� & Thank you for riding with us & we wish to see you again�)
6:56 Am: As soon as I am out of station the first place I go is starbucks, & get a non fat grande mocha with 2% extra hot no foam with little bit of honey & cinnamon. ( KIDDING , I just take plain regular coffee with room ). The first sip is amazing it feels like first cigg after a bottle of beer & started walking to my office which is very close to station.
7:00Am: I am in office. Usually it is just me & couple of other guys on the floor at that time. The office was silent & it was open floor plan with flat cubicles & you see the entire floor even if you sit at your desk. Logged into PC & checked my emails & getting prepared for the days work.
7:10Am: I saw one of the senior manager in office & it is very unusal for him to come so early into the office. While I wished him good morning he didn�t seemed to respond the way he usually does. He then walked up to one of the office colleague in different department next to me & asked him if he could come to his office.
7:15Am: The guy walks out of the office along with manager with packet in his hand & started packing his stuff right away. I could see that his computer is still logged in & I guess he was not even allowed to log off. The manager stands behind him, occasionally helps him in his packing & walks him out of the door, into the elevator & outside the building. That�s it, my heart started beating heavily, I said to my self �today is the day� . Yes by now you all know what I was talking about !!! LAYOFFS�
The talks have been going for several days & no one except top senior executives knew who & how many people will be laid off. Everyone I talk to in the company is worried, it did not matter if he was senior, working in company since 10 years, experienced , the best technical guy, the most lovable guy, the CEO�s blue eyed boy, every one & I mean almost everyone is worried about their job. I did not know how I was going to handle even though I was prepared before for the worst. But when the time actually came , it�s different, first time I felt I was weak because of the things below which are going in mind.
� I bought a house just few months back, although great deal at the time I bought I had to invest 15% down payment & at that time never ever knew that this day would come. I always thought I could resell it but when I contacted my mortgage broker few days back , he told me that market was so slow that I wont be even getting the 15% down payment if I plan to sell now. With most of my hard earned savings in the house I am only left with couple of grand for reserves.
� The biggest worry I had was 10 days after my daughter was born she was hospitalized for almost a month for complex partial seizures treatment .She has since been in medication & was doing good & slowly outgrowing seizures with occasional episodes. We can�t stop the treatment & thinking of expensive Cobra package & not knowing how many months we will be jobless made me sick.
� How do I invoke AC21 & how many much should I be paying Lawyers?
� My upcoming trip to india, we already spend close to 5k for the tickets & cancelling the tickets is impossible due to family reasons. What if I loose a job now & go on trip to india? Can I enter back on Advance parole? What if the port of entry finds out that I lost a job, will be I allowed in when I come back? Will my company cancel current approved I140? & will that lead to I485 cancellations which has been happening recently ??
� What will happen to my car loans & upcoming car registration, insurance.
Not that I don�t have any money in reserves but these are very few things I mentioned above that bothered me & list can go on & on. Is it easy pack all the bags & leave everything behind? Yes if you want to & NO if you want to fight, it�s as simple as that & I did not plan to leave. So let�s go back to what happened for the rest of the day & believe me all the above points I mentioned was going in my mind in less than a minute, so now the time is �
7:16Am: I saw one other manager in the same process in different dept doing the exact same process. Remember, above somewhere I said that it is a open floor plan & everyone can see everything what is happening. Though I am not shaken from outside, inside I feel every inch of it.
Part II Continuation below.......
more...
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malaGCPahije
03-17 04:21 PM
What I am saying is spill over from ROW goes to EB2 first. It does not split to EB2 and EB3 evenly. So more people from EB2 gets visa granted and thus people who joined EB2 bandwagon from EB3 and had earlier PD, they get Visa quickly. Now generally this spillover does not go to EB3 from EB2 having high demand from EB2 and thus EB3 get stuck with conventional numbers with 7% country limit and thus EB3 numbers move slowly. But if that spillover happens for both EB3 and 2 equally than EB3 can also move little bit quickly which is not the case. Thus shortening the queue by switching over to EB2 does not give full advantage to remained lot of EB3.
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
The recent movement in EB2 have been contributed to the spillover from EB2 ROW. That raises a question over the spill over rules. The EB2 ROW spill over should have helped EB3 ROW. But EB3 ROW is not yet C, however EB2-I moved up. If the spillover happens at the same level, then EB3-I may have hope in the future when EB3-ROW becomes C. Is such an assumption right or wrong?
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sriwaitingforgc
09-10 02:25 PM
They went at EST and back at PST:D
Good one :-)
Good one :-)
more...
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gsc999
04-20 02:00 PM
Sure. Thanks for letting us know.
I will also post this message at our Northern California Yahoo group.
I will also post this message at our Northern California Yahoo group.
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lost
02-24 09:09 AM
Anyone from KY attending the event?
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DarkChild
02-16 07:01 AM
my motto is "don't start anything you can't possibly win" so i'm not gonna start on this man, that is just sick...
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newbee7
07-09 04:32 PM
You chose to ignore this from your post
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
when we were certain the process will be completed very shortly
certain = 100%
You are reading what you want to read.
__________________
Not a legal advice.
Certainty is releated to belief not reality. It still means the name check was not completed. The law does not say they "when you are certain that the FBI name check can be cleared..please allot a visa."
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sammas
07-12 03:57 PM
E. APPLICABILITY OF INA SECTION 202(a)(5)(A)AS IT RELATES TO THE ALLOCATION OF �OTHERWISE UNUSED� NUMBERS
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
INA Section 202(a)(5)(A), added by the American Competitiveness in the 21st Century Act (AC21), provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the otherwise unused numbers may be made available without regard to the annual per-country limits. This provision helps to assure that all available Employment preference numbers may be used. In recent years, the application of Section 202(a)(5)(A) has occasionally allowed oversubscribed countries such as China-mainland born and India to utilize large quantities of Employment First and Second preference numbers that would have otherwise gone unused.
For example, let us assume that 11,600 Employment Second preference numbers are available in a calendar quarter. There is heavy Employment Second preference demand by China-mainland born and India applicants; however, each country is oversubscribed and would ordinarily be limited to about 800 of the available numbers due to the prorating provisions of INA Section 202(e). Applicants from other countries that have not yet reached their per-country limit have reported a total demand of 6,500 numbers. After taking the worldwide demand into account, it is determined that as a result of the China-mainland born and India per-country limits only 8,100 of the total available Employment Second preference numbers would be used in that quarter. In this instance, the otherwise unused 3,500 numbers could then be made available to China-mainland born and India regardless of their per-country limits. Should that occur, the same cut-off date would be applied to each country, since numbers must be provided strictly in priority date order regardless of chargeability. In this instance, greater number use by one country would indicate a higher rate of demand by applicants from that country with earlier priority dates.
joydiptac
05-14 02:24 PM
Hi,
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
I am planning to start my Online MBA from Univ of Nebraska (UNL). This is AACSB certified.
Also the price point is really sweet. 17K only + Books. Business Week placed it 4th overall part time.
The Best Part-Time Business Schools: University of Nebraska - BusinessWeek (http://images.businessweek.com/ss/09/11/1105_best_part_time_business_schools/7.htm)
-That is what got me interested in the first place.
Plus it is not a "** State University" but a "University of **" which means it should have better profs.
Anyhow anyone has any pros and cons to share about this one?
n'
Joy
pbojja
12-10 11:45 AM
With all the porting nonsense going on eb2 will move backward and eb3 will inch forward slowly. We might end up with eb2 and eb3 in 2002. congrats to all the people who ported, the only thing you accomplished is you made sure eb2 does not progress (it does not mean you have have moved forward by porting, it just means that you have made sure you have prevented original eb2 guys from getting green card), the people who ported wont gain any benefit but they will make it worse for everyone, they have to file a second i140 which will take at least another 1 year to clear and after 1 year when the ported 140's clear the eb2 will go back to 2002. You have also accomplished another great feat, DOL is going to make it impossible to file eb2 in IT jobs so even genuine people are screwed. Before people start giving red dots and justifying there porting I have an message for you, your behavior is no different from the people who did labor substitution, the end result was DOL ended labor substitution and the result of all this porting is DOL has made it impossible to get eb2 even for genuine cases. Just because others are doing it does not mean you can do it, obviously it is wrong therefore dol removed labor substitution and now dol is making it impossible to get eb2 for IT jobs even for genuine cases. 90 % of people doing this porting are desi consulting employees, they wine and complain about desi consulting companies as blood suckers (justifiably) but they themselves are bloodsuckers on the EB2 community by doing this eb3 to eb2 porting.
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
Stop the non-sense . As if USCIS-DOL knows exactly how many portings are going on ..do you think all the movement of this dates make sense ? just check last year movements .. they have no theory no logic or no numbers they just move with no logic ... At the end of year they move to 2006 or 2007and back to 2003 next year ..
I m EB2 2006 and I have no problems with portings ..go for it EB3 folks ..I know it will be a year or more process but worth it , I think EB3 early 2000 folks deserve GC than a 2006-2007 EB2 folks(Dont think you are genious just because you are EB2 ..we know we all do same jobs).
I m ready for reds and dont care a bit .
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