conundrum
09-10 11:48 AM
Same here - Masters from US, with PD 2006....Stilllllllllllllllll waiting!!!!!
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!
I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.
I was reading an article handed over by my Lawyer sometime back - the whole GC process was designed to be completed in 6 mos. end-to-end.
This goes to show how outdated the process is, plus the resource crunch they may be facing at USCIS.
All in all - it's a black hole...only your 'karma' can get you out of it:)
Check my signature! I have a MS and PhD from here... be thankfully you are so far ahead with your processing!
I can understand your frustration, but try to empathize with guys who have PD before you and are stuck in this lousy system.
uslegals
09-10 04:07 PM
Hello friends - Just contributed $100..(Google Order # 265811536249307)
Appreciate all the help & effort IV is doing for us..!! Thanks a ton.!! Will be there in all our might on Sept. 18th...!!! GOD BLESS IV...!!!
Appreciate all the help & effort IV is doing for us..!! Thanks a ton.!! Will be there in all our might on Sept. 18th...!!! GOD BLESS IV...!!!
EndlessWait
07-24 04:19 PM
After all sardarji can make a joke:D
stop making sterotypical comments.
stop making sterotypical comments.
test101
07-06 05:46 PM
Ok here I go again in this Chicken and Egg situation......
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
join the club...news make no sence at all.
Now that someone filed a lawsuit to invalidate the July VB, which BTW is still CURRENT.......it could invalidate the CURRENT sttatus....of all Eb categories....precisely what DOS USCIS wants....
My head is spinning.......Beer anyone?
join the club...news make no sence at all.
more...
optimystic
09-10 09:36 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
lg72
07-24 10:18 PM
fairboy and friends,
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
Could you please tell me how to check an ad on the AJE website? Can I check the ad for my case using my case number? My case is stuck in DBEC.
Thanks for your help.
more...
icedgin
07-27 09:38 AM
Hi Angel,
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
I think I am in a similar situation with you.Me and my kids are also separated from my wife for almost a year now. It was really a big mistake on my part not to join her on her Embassy interview thinking visas were plentiful.BIG MISTAKE. I was at that time not well informed about visa availability.Our PD is Nov 05 and I am from the Philippines. I do feel what you feel. It is an emotional roller coaster ride. Are you derivative beneficiaries of your wife's Sched A petition and what country are you from? If you dont mind me asking.
Lollerskater
05-01 01:58 PM
For all those who are upset with the House hearing, please take it easy. Please do not expect the hearing to discuss the details of each and every GC applicant's case. The objective of the hearing was to bring the folks involved in visa bulletins and GC processing, and make them all publically say and agree that Lofgren-Sensenbrenner bill will not flood the country with new people on the borders but at the same time since the federal agencies did not do their job properly, so it would make sense to recapture the visa numbers, and that's it.
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
I think that this objective was achieved pretty handsomely without much opposition. So everybody was on the same page, other than Ranking member King, whose job in such meetings is to oppose whatever the committee chair is proposing. Rep. King did not have much to say as Rep. Sensenbrenner has co-sponsored the bill. Noticeably, Rep. Gutierrez supported the bill, which means Hispanic Caucus may not oppose it either, hopefully. So it was all good.
The meeting really saddens me though. That is the extent of anyone's power to get USCIS moving? Just hinting to King that the congress is displeased?
I mean I'm pretty sure King is gonna just shrug it off. Listen to how deluded the man sounds. He thinks USCIS is doing a great job, what with all that bragging about efficiency. Obviously he doesn't realize he's standing there, in that meeting. because the efficiency he's bragging about is clearly NOT ENOUGH. In fact, it's pretty much shitty.
To make things worse, those people in there are controlling the fates of thousands of waiting applicants. And they don't even seem to know the difference btw H1 and 485.
I don't want to just go on feeding this negative train of thought. I just wish something more effective can be done. Isn't there a better solution?
more...
immigrationmatters30
07-11 02:52 PM
What do you guys think would be happen in SEP ? do you guys expect any forward movement.I still have not filed my I-485(yep, one of those unlucky ones who missed the boat).My PD is Aug-2007.
vayumahesh
10-29 10:48 AM
Hi 9Years,
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
Do you see any LUD update on your I-485 case ? I think when I-140 was approved and EB3 date got ported, USCIS may have touched the I-485 application.
more...
transpass
09-12 12:01 AM
I personally think backwards running clock is the best thing to send...It hits nail on the head...The PDs are moving backward instead of forward...It is also a funny story for news media to pick up...Mass letters are also ok...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
Regarding the fliers suggested by someone, I feel that calling them lazy would not help (Even though I agree that they do deserve to some extent). But on the otherhand they might take offense to that, since the IOs can say that at times, they work weekends and that they just follow what they are directed to do by the higherups...
Just my 2cents...
greyhair
08-12 02:50 PM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
How about you? Has anyone contacted their employer already? What are they saying?
more...
singhsa3
09-12 11:29 AM
We won't know if it effective unless we execute it, which is the biggest issue with us "the execution".
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
So far as locating old PDs are concerned, it USCIS knows it exists and if there is willinglness, they can dig it out from anywhere.
On the other hand , if this not fixed then even if there are 200K extra visas, the sufferings will persist.
Well - what I say is - there is an issue and we have to fix it. But do you think such a tangential effort work?
It is also known/unknown that USCIS simply does not have a system in place to locate files with old PDs - constant changes to system may have resulted in poor record keeping. I do agree that this issue has to be brought to limelight.
I personally feel that any effort must be effective and not a half hearted effort - what I am trying to say is opening a thread and running 10 pages of messages and doing nothing? Does that work for us? Can that be effective?
485_se_dukhi
07-18 08:31 PM
Done......
$50 is approx the cost of two lunches (for two people) per month => we are going to eat out two fewer times each month.
So, we eat healthier food and the IV fund grows. :)
$50 is approx the cost of two lunches (for two people) per month => we are going to eat out two fewer times each month.
So, we eat healthier food and the IV fund grows. :)
more...
praky
09-11 11:02 PM
Sent the book...See changes in the original msg.
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
Singhsa3,
I believe Gonzalez resigned from the director of USCIS effective April 18,2008. We should be instead sending the letter to following:
Jonathan Scharfen, Acting Director, USCIS
Michael Aytes, Acting Deputy Director, USCIS
Pls correct me if I'm wrong.
http://www.amazon.com/Brighter-Child-Math-Preschool-Workbooks/dp/076967609X/ref=sr_1_2?ie=UTF8&s=books&qid=1221181573&sr=1-2
*****************************
TO
The Honorable Emilio T. Gonzalez (Director)
U.S. Citizenship and Immigration Service
20 Massachusetts Avenue, NW
Washington, D.C. 20529
***************
My Message:
Hon. Mr. Gonzalez,
I would like to register my protest with you for not following an orderly method when approving I-485 applications. In the last two months, while the priority dates were current for several applicants from India in the EB2 category, most applications with later priority dates and later receipt dates were approved by USICS, causing deep concern and grief among those waiting patiently in the line before them.
This significantly reduces our confidence in the system. Thus, I am sending you this letter with a book as a symbol of protest and with the hope that USCIS will deal fairly with all the applicants as per the rules and regulations.
Thanks
My Name
****************
Note: On Amazon you must select gift option to add the message. No need to wrap it.
Singhsa3,
I believe Gonzalez resigned from the director of USCIS effective April 18,2008. We should be instead sending the letter to following:
Jonathan Scharfen, Acting Director, USCIS
Michael Aytes, Acting Deputy Director, USCIS
Pls correct me if I'm wrong.
grupak
08-17 09:52 PM
What if you spend 3-4 K in the new GC process, and after writing these letters USCIS wakes up and release statistics that they have 2000 EB-3 I pending for 2002/2003 and 1000 for 2004 will you still go ahead ? I guess for us the most important thing is to know how many cases are really pending. As I am not filing a new EB-2 and what if there are 15K cases in 2002/2003 and 50K in 2004, I'll be sitting here all my life looking at Visa bulletins :o
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
Getting the information would be of tremendous help. I already have my GC but I will write the letter after the necessary modification to reflect my status.
Also, I feel we need more participation in the recapture bill.
more...
somegchuh
01-03 04:16 PM
It really depends on who you ask. But my point is if you decide to stay in US in the long run, aren't immigrant divided between their kids and their parents?
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
qualified_trash,
In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
I dont think one is necessarily doing kids a dis-service by electing to go back. On the contrary, kids experience tremendous personal growth through interaction with extended family which is not possible in a foreign land.
qualified_trash,
In your case I think the decision is very clear cut. Also, it works really well for you, in the sense that you are not "divided". If your parent and siblings have already left the country you have no reason to go back ever.
yes they are indeed. I took care of this as my sisters and parents have immigrated to New Zealand, work and live happily there and will be covered by a great social security system.
also, they do not need a visa to visit me after they get their citizenship (in the next year or so) and I will not need one to visit them after I get mine in the next decade or so.......... :-))
chanduv23
10-21 03:08 PM
Though the denial of this MTR is against the law by USCIS, one must consider following.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
AC21 is a benefit for a long delayed adjustment of status applicant to change the employer before getting GC. This law was framed based on the fact that the employee working for a long period of time with sponser (either in non-immigrant visa or in EAD) and cannot change the job because of prolonged delay in approval of 485. However, one must remember that, the fundamental priciple of granting GC is based on the fact that intent of the employee working "permanetly" or some longer period of time for the sponser. If the employer can demonstrate successfully to the USCIS that the employee does not having the intent then USCIS may deny the 485. If one resigns just immediatly after the 180 days, it doubts the legitimacy of the intent. If employer argues that the employee was waiting just for 180 days and using the law to change the job, there is a reason for USCIS to belive the employer's claim about false intent of the emploee. But one can overrule this denial in court, if the employee demonstrates that he/she worked for the sponsor for a considerable period of time before and after filing 485, to prove his/her intent.
I have also heard from some members on forums that the merit of the case is taken into consideration when such a decision has to be made.
Gravitation
09-29 01:30 AM
2009 is VERY OPTIMISTIC. Why would a new administration take up "touchy" issue like immigration in its 1st year (2009)? Least we can expect is 2010 IF NOTHING HAPPENS BY MID NOVEMBER - Congress goes to recess for the year.The window of opportunity is short!
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
2010 is again an election year. As they say, things happen in DC only in "odd" years. It could be 2009, 2011, 2013... who knows.
If I don't get my GC till 2015... I'm really gonna do something about it!! There's a limit to everything, damn it.:mad:
Gravitation
PS: Disclaimer: for the simple minded ones: my last sentence is sarcastic humor... not a reality... clarifying further... because, I'm already active... not because I'm not gonna do anything even in 2015. Amen.
Libra
09-10 05:11 PM
thanks ssprof
a1b2c3
08-17 12:34 AM
Looking at the recent approvals looks like USCIS does the following:
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
I can only hope you are wrong :). I hope they sort first by PD and then by RP.
1. Pick up x number of files using a random algorithm.
2. Arrange these files in a random order using the same random algorithm
followed in step 1.
3. Randomly pick any file arranged in step 2.
4. Toss a coin.
5. On odd dates if it is heads,approve the file. On even dates if it is tails
approve it.
6. If file is not approved in step 5 put it on the shelf to be picked up
in step 1 in next cycle.
I can only hope you are wrong :). I hope they sort first by PD and then by RP.
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