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  #1816  
Old 07-04-2007, 08:11 PM
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Quote:
Originally Posted by avi
can someone change the title of this thread please:
BREAKING News :
Everytime i open IV on my browser my heart skips a beat reading 'BREAKING News'....
Should we change it to broken news?
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  #1817  
Old 07-04-2007, 08:23 PM
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Default How it matters if USCIS doesn't return papers by OCT ?

I mean mostly copies,some notarized copies...
Only original are the following :-

1) Sealed Medical papers ( we can go back to the doctor show our copies
and put some cash e.g $100 & reproduce it )

2) Employer letter ( Can be re-requested Free of cost)

3) 6 Photos and 3 checks ( $8 for new photos and $60 for cancelling 3 older
checks and sending 3 new checks)

Why peoples are so worried about getting back the package - Am i missing something ???

Please advise.

Quote:
Originally Posted by ksurjan
folks please stop responding to asdqwe2k . He has his own agenda of stopping the law suite. He calims to have filed recently meanwhile he has an EAD from god knows when. Lets concentrate on what we need to do here.
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  #1818  
Old 07-04-2007, 08:24 PM
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You read my lips. I was about to say the same thing.
Quote:
Originally Posted by avi
can someone change the title of this thread please:
BREAKING News :
Everytime i open IV on my browser my heart skips a beat reading 'BREAKING News'....
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  #1819  
Old 07-04-2007, 08:56 PM
dpp dpp is offline
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dpp will become famous soon enough
Default Message from Rajiv Khanna

Quote:
"In today's conference call (225 attendees), we have decided to prepare the I-485 packages and keep them in anticipation of a victory in the AILF lawsuit, a politically influenced reversal of policy or priority dates becoming current. It appears that filing of 485 packages is futile.

Regarding legal fee, I (Rajiv) made it clear that by preparing/guiding the preparation of the 485 package, we have earned the entire legal fee decided under the contracts with our clients. We intend to, of course, see the 485 through to its adjudication without any additional legal fees. If any additional work is necessary for future filings, such as change in address, change in forms, we will get paid additional reasonable legal fee (which I hope and anticipate would be in hundreds of dollars - not thousands).

We will make our best efforts to make all packages ready within July - but we can make no guarantees. We intend to have a filing/status update put up on ForClients.Com.

If any clients want to do things differently, please let us know."
So, Attorneys are anticipating the victory with AILA lawsuit.
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  #1820  
Old 07-04-2007, 08:59 PM
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Do you know if they just going to make 485 packet ready or are they going to mail it?

Thanks.



Quote:
Originally Posted by dpp
So, Attorneys are anticipating the victory with AILA lawsuit.
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  #1821  
Old 07-04-2007, 09:00 PM
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Default How does this matter ?

Anyone any word on this ???

Quote:
Originally Posted by diptam
I mean mostly copies,some notarized copies...
Only original are the following :-

1) Sealed Medical papers ( we can go back to the doctor show our copies
and put some cash e.g $100 & reproduce it )

2) Employer letter ( Can be re-requested Free of cost)

3) 6 Photos and 3 checks ( $8 for new photos and $60 for cancelling 3 older
checks and sending 3 new checks)

Why peoples are so worried about getting back the package - Am i missing something ???

Please advise.
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  #1822  
Old 07-04-2007, 09:02 PM
dpp dpp is offline
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dpp will become famous soon enough
Default

Quote:
Originally Posted by ramus
Do you know if they just going to make 485 packet ready or are they going to mail it?

Thanks.
As per his statement, they are getting ready, not filing yet. Once the decision made on AILA lawsuit, then he may decide to file or hold it for future filing.

But, on July 2nd, he stopped preparing the 485 package itself after seeing the press release from USCIS. He now starts the preparation after seeing the recent changes.
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  #1823  
Old 07-04-2007, 09:05 PM
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Default

Quote:
Originally Posted by dpp
So, Attorneys are anticipating the victory with AILA lawsuit.
Rajiv Khanna is not only smart, he's a smart lawyer at that. He has listed all the three possible options. That way he appeals to every applicant based on his/her own belief about how this fiasco is going to pan out.

Thanks,
Jayant
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  #1824  
Old 07-04-2007, 09:05 PM
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Default

Quote:
Originally Posted by diptam
Anyone any word on this ???
People are not worried about not getting packet but worried about getting packet. People are hoping against hope that somehow their packet slip into the processing part. If it is returned then anyway its an end of the story.

Well..I see a light at the end of the tunnel if attorney's are expecting a victory.
__________________
EB2 PD: Jul '06
I-140: Sept '06 from TSC
485 Filed - July 2nd at NSC
LUD - 06/02/2011
CPO Email - 6/2/20111
Cards Received - 6/9/2011

Finally maDemygc
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  #1825  
Old 07-04-2007, 09:15 PM
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Default I'm talking about backup/ fallout plan....

In worst case if the our/AILA'a lawsuit effort fails ... then lot of peoples are
anticipating some good forward movement in OCT 2007 bulletin...

So if folks do not get the papers back by OCT is it going to affect them ?
My opinion is NO as outlined in mail above - what others think and why ?

By the way, I'm ALL for the lawsuit and giving the USCIS a good lesson for harassing so many innocent peoples but there no harm in putting some thoughts in contingency planning ( or failover pair management) .

Thanks


Quote:
Originally Posted by makemygc
People are not worried about not getting packet but worried about getting packet. People are hoping against hope that somehow their packet slip into the processing part. If it is returned then anyway its an end of the story.

Well..I see a light at the end of the tunnel if attorney's are expecting a victory.
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  #1826  
Old 07-04-2007, 09:15 PM
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Default

Excellent

I agree with you 100 % , I believe having excessive media coverage and lawsuits , would bring the GC number and process in the open , and most americans would oppose the GC as they oppose H1B.

If i was a american i would surely be happy with USCIS/DOS creating so much trouble for the immigrants to my country , who i believe are taking my job.


Quote:
Originally Posted by Ramba
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.
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  #1827  
Old 07-04-2007, 09:21 PM
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Default

Quote:
Originally Posted by diptam
I mean mostly copies,some notarized copies...
Only original are the following :-

1) Sealed Medical papers (we can go back to the doctor show our copies
and put some cash e.g $100 & reproduce it )

2) Employer letter (Can be re-requested Free of cost)

3) 6 Photos and 3 checks ($8 for new photos and $60 for canceling 3 older
checks and sending 3 new checks)

Why peoples are so worried about getting back the package - Am i missing something ???

Please advise.
You have raised a very good point. This is, where I-485 filing community is divided into two. The group of people with PD in 2002/2003/2004 are more likely to be current in Oct 2007 and they simply will end up losing 3-4 months for I-485 filing and AC-21 benefit.

On the other hand, people with PD 2005/2006 are likely to be current in 2008/2009, so they will miss I-485 filing by big time and the real benefit of AC-21 (read freedom from employer) goes further in time. That is why July 2007 was golden opportunity for them.

___________________
Not a legal advice.
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  #1828  
Old 07-04-2007, 09:44 PM
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Default India will still be retrogressed

Quote:
Originally Posted by diptam
In worst case if the our/AILA'a lawsuit effort fails ... then lot of peoples are
anticipating some good forward movement in OCT 2007 bulletin...
not much for India
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  #1829  
Old 07-04-2007, 09:49 PM
smc smc is offline
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I have read Rambhas note and feel she is right. Rather than a lawsuit, if we can have some legislation introduced to recapture previous years years unused numbers, it would be easier, quicker and more beneficial to most people.
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  #1830  
Old 07-04-2007, 10:15 PM
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Default

Passing a legislation is not easy at all.. Didn't we just noticed that with CIR?


Quote:
Originally Posted by smc
I have read Rambhas note and feel she is right. Rather than a lawsuit, if we can have some legislation introduced to recapture previous years years unused numbers, it would be easier, quicker and more beneficial to most people.
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