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  #1  
Old 07-12-2007, 06:10 PM
ssnd03 ssnd03 is offline
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Default I believe FBI should share the blame for current fiasco

I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

This (besides labor backlog) spoils the FIFO for GCs.

Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

It will not solve retrogression which is a bigger problem, but requires congressional action for number increases

BTW my AOS is pending due to indefinite background check delay.

Last edited by ssnd03; 07-12-2007 at 06:36 PM.
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  #2  
Old 07-12-2007, 06:26 PM
amar123 amar123 is offline
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amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts amar123 is infamous around these parts
Wink How obvious

Quote:
Originally Posted by ssnd03
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

This (besides labor backlog) spoils the FIFO for GCs.

Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

FBI delays is the prime reason for this fiasco.

BTW my AOS is pending due to indefinite background check delay.
Every guy thinks that his/her problem is always the biggest bottleneck
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  #3  
Old 07-12-2007, 06:32 PM
ssnd03 ssnd03 is offline
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Default

Quote:
Originally Posted by amar123
Every guy thinks that his/her problem is always the biggest bottleneck
Eliminating FBI delays will restore FIFO and stop such visa bulletin fiascos.

It will not solve retrogression which is a bigger problem, but requires congressional action for number increases
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  #4  
Old 07-12-2007, 06:34 PM
BharatPremi BharatPremi is offline
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Default

Quote:
Originally Posted by ssnd03
I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

This (besides labor backlog) spoils the FIFO for GCs.

Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

FBI delays is the prime reason for this fiasco.

BTW my AOS is pending due to indefinite background check delay.
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
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  #5  
Old 07-12-2007, 06:49 PM
eb3_nepa eb3_nepa is offline
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Default

The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!

Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
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  #6  
Old 07-12-2007, 06:55 PM
tomatocup tomatocup is offline
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Default

Quote:
Originally Posted by BharatPremi
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
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  #7  
Old 07-12-2007, 07:02 PM
camarasa camarasa is offline
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Default

"and why the hell discrimination against people from only 4 countries?"

Oh please - what rubbish.
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  #8  
Old 07-12-2007, 08:44 PM
ssnd03 ssnd03 is offline
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Default

Quote:
Originally Posted by eb3_nepa
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!

Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.

Retrogression is due to more demand than supply and country quotas.

But yearly unused visas are due to FBI background check delay.

There is a clear difference.

Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
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  #9  
Old 07-12-2007, 10:08 PM
sc3 sc3 is offline
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Default

Quote:
Originally Posted by BharatPremi
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
And what is your argument for the numbers to be 40000 or 240000? Everyone will be dissatisfied with whatever number that is alloted (how did they reach 65 for H1B, or how did they decide on 195000 for a few years).

Also there is no discrimination against "only 4 countries", there is a cap on any country taking more than 7% of the visa numbers (ok, I will not go whether such a cap is warranted), which was set way too long ago.

When you throw the "D" word, make sure you have the facts right. We all are frustrated, but it not an excuse for us to throw baseless accusations.

No I am not a USGOV stooge, I am another legal immigrant waiting -- for long enough time -- for his turn.
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  #10  
Old 07-12-2007, 10:54 PM
logiclife logiclife is offline
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Default Even DOS is unwilling to share burden

Even DOS, who is partly responsible for this mess, is not willing to share burden with USCIS.

DOS is pretty much in the clear since they have done everything by the book. ALMOST.

USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.

If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
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