krishnam70
07-04 10:29 AM
http://s202395528.onlinehome.us/2007/07/03/the-cis-has-really-outdone-itself-this-time/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/
CIS has really outdone itself this time
The CIS has a long and dishonorable history. They have done many unconscionable things in their past, as individuals and as an institution. They are rife with corruption and incompetence. They willfully refuse to follow the law. Their latest stunt, however, tops anything they have done before.
According to the CIS Ombudsman, the CIS has wasted more than half a million employment based immigrant visas in the last decade. A few years ago, they reserved a huge block of EB immigrant visa numbers with the excuse that they were going to use them to close out a large number of backlogged adjustment of status applications. The result was that the Visa Office had to suddenly retrogress Visa Bulletin cutoff dates. The CIS, of course, didn�t close out even a small fraction of the cases they said they were going to close and tens of thousands of visa numbers were irretrievably lost. Cynical minds believe that they did this deliberately to force a retrogression and stop the filing of additional applications.
This year, determined to prevent the further waste of visa numbers, the Visa Office advanced cutoff dates so that as many EB immigrant visas as possible could be issued before the end of the fiscal year. A few months earlier, the CIS Ombudsman warned that CIS incompetence and inability to reduce adjustment of status backlogs would likely result in the irrevocable loss of at least 40,000 EB immigrant visa numbers.
The CIS was said to be very upset by the Visa Office action. They fumed and stomped and finally came up with a plan. This past weekend, they brought in the entire staff of the NSC and TSC and had them pull files. They pulled more than 60,000 pending adjustment of status files and then ordered visa numbers for all of them. Understand, many (most) of these files were missing background security check results and can not be closed. It didn�t matter, the CIS has no intention of closing them, they just wanted to find enough files to order all of the remaining visa numbers and force a retrogression of cutoff dates. This is why the Visa Office had to issue the update yesterday, announcing that there were no more EB visa numbers available for the remainder of the fiscal year.
By law, the CIS must return all visa numbers they have not used within seven days. Don�t hold your breath waiting for that to happen.
Consider the effort the CIS put into their scheme to frustrate the plans of thousands of intending applicants. How much overtime pay will the taxpayers have to fork over for this? Worse, I very seriously doubt that we will see more than a few cases actually closed. They will have gone through this entire expensive effort for no reason other than to show that they are capable of throwing an institutional tempter tantrum. At the end of the day, they will again have irrevocably wasted tens of thousands of EB immigrant visa numbers and pushed visa cutoff days back even further.
And people wonder why we have an immigration problem.
This entry was posted on July 3, 2007 at 10:22 am and is filed under General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.
http://s202395528.onlinehome.us/2007/07/03/more-evidence-of-illegality-in-the-update/
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Leo07
05-21 10:30 AM
and there are lots more like us...
sa.node
02-21 04:16 PM
@Raysaikat, Paskal.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
thanks for your prompt replies.
Sorry I didnt make it clear about changing status to visitors visa. I am aware that it will not be an automatic switch.
I am wondering how difficult it is to switch to visitors visa status or to extend H1b for few months? Do people have high success rate or is it full of hassle (trying to extend stay on visitor/H1 status)?
ABIM board is an exam we take after finishing residency. I would prefer to finish it now immediately after residency.
I will try to meet up with an attorney in near future and discuss these issues, will be glad to share any new important info.
thanks.
2011 Nokia X2-00 - Mobile phone - GSM - bar - lack, red
msr999
08-14 07:46 PM
Thanks ConchShell.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.
more...
Picasa
01-22 03:48 PM
What do you mean by 4 part payments?
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
Here is the scenario
Lets say I have Rs 100,000 principal loan and I can make 4 payments of Rs 22,000 (4X22,000= 88,000) and tells ICICI bank to span rest of Rs. 12,000 (100,000-88,000=12000) in 13 EMI.
Please correct me if I am wrong.
Also note - you are allowed only 4 part payments in a year. Especially with ICICI bank. So plan carefully. That way you are left with only 13 EMI's with a smaller amount.
qasleuth
09-21 10:35 PM
Anecdote: An acquaintance of mine was married for a year and then they had marital issues. His spouse started living separately here in the US and then went back to India. The guy went to India on a trip to see his ailing father. His ex-wife's parents filed a harassment/abuse case against him and he ended up being there for 2 years. In that period his 485 was considered abandoned inspite of being in the country for more than 10 years.
I do not know the exact reasons for their marital discord, never asked and never judged.
The one thing which this country should teach is not to judge another person. No one has the right to insult/judge another human being without knowing the facts. Even if you do know the facts, you have absolutely no business to talk nonsense. Just farting out of your mouths anonymously on a public forum does not make you wise or a person of character. Shame on the low-lives who made ugly comments about OP.
I do not know the exact reasons for their marital discord, never asked and never judged.
The one thing which this country should teach is not to judge another person. No one has the right to insult/judge another human being without knowing the facts. Even if you do know the facts, you have absolutely no business to talk nonsense. Just farting out of your mouths anonymously on a public forum does not make you wise or a person of character. Shame on the low-lives who made ugly comments about OP.
more...
puddonhead
05-22 09:47 AM
The terms "Active Trader", and "Active Investor" may sometimes denote two completely different things.
"Active Trader" (http://en.wikipedia.org/wiki/Active_trading) is one who does day trading. While this opens you up to a pandoras box of regulatory and compliance related stuff - which I would find to be too onerous as an individual - it is perfectly OK to do this in H1B from an immigration law standpoint.
The term "Active Investor" is sometimes used to refer an "Active Trader" - and at some other times loosely used in lieu of "Activist Investor" (http://en.wikipedia.org/wiki/Activist_investor). It is NOT OK for an H1B to be an activist investor.
"Active Trader" (http://en.wikipedia.org/wiki/Active_trading) is one who does day trading. While this opens you up to a pandoras box of regulatory and compliance related stuff - which I would find to be too onerous as an individual - it is perfectly OK to do this in H1B from an immigration law standpoint.
The term "Active Investor" is sometimes used to refer an "Active Trader" - and at some other times loosely used in lieu of "Activist Investor" (http://en.wikipedia.org/wiki/Activist_investor). It is NOT OK for an H1B to be an activist investor.
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roseball
04-04 02:49 PM
Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
more...
mdipi
11-16 03:15 PM
thanks, i didnt know we could use pics...
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gg_ny
09-20 05:24 PM
Or try emailing or calling them from here. It helped me a bit.
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
now days there is 'Returning Workers quota' in VFS and US embassy. visit VFS in person and take advantage of that process.
cheers
more...
seahawks
10-31 07:36 PM
We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!
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lostinbeta
11-17 11:47 PM
HAHAHAHA......lol. That is friggin weird :P
more...
house Pay As You Go - Nokia X2-00
shana04
11-05 01:49 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
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kalyan65
10-19 10:25 AM
my i-140 denied for same reason in May'07 three days before Jun'07 visa bulletin released.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
I appealed AAO and got REF in Jun'09, In RFE, Is institute, I got PG diploma,
is recognized by university, (I got Diploma from institute affiliated by University of Madras). I got diploma 20 yrs. back, approached university they told, institute is no longer affiliated by university last 5 years, they refused to give letter even though it was recognized when I graduated.
I got letter from institute in sealed envelop stating, my Diploma is recognized by university of madras,
It took 2 months to reply RFE, after 1 month I-140 got approved
Here is my case history,
Came to US : Aug.2000 on H1
First Labour : Apr'03, Labour Approval : Jan'07
First I-140 : Filed : Feb'07 Denied : May'07 (Based on 3 yrs. Degree) , Appeal : AAO, Approved : May'10 with one RFE
Second Labour : EB3, Oct'07, Labour Approval : Mar'08
Second I-140 : Jun'08, Approved : Apr'09
Counting days to file 485 , but with current date movement, I am going to retired on H1 visa.
more...
pictures nokia x2 00 pinout. nokia
brb2
04-05 08:24 AM
....If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
This bill if passed in the senate will NOT go to the house. It will go to the house and senate joint conference committee where a sensible common ground is found. This will save house reps who can say that they voted against amenesty while still having a bill passed.
The danger right now is that Kyle and others who are against amnesty (that is what even I would call it!) are trying to put in amendments that would be the poison-pill that will bring the whole bill down. It is very likely that no bill may pass the senate. If the democrats try to gain the 51% vote to end debate and vote on the existing bill, the only tool with republicans is to use the fillibuster and then the democrats will need 61 votes to overcome it which they don't have.
I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.
Any thoughts?
This bill if passed in the senate will NOT go to the house. It will go to the house and senate joint conference committee where a sensible common ground is found. This will save house reps who can say that they voted against amenesty while still having a bill passed.
The danger right now is that Kyle and others who are against amnesty (that is what even I would call it!) are trying to put in amendments that would be the poison-pill that will bring the whole bill down. It is very likely that no bill may pass the senate. If the democrats try to gain the 51% vote to end debate and vote on the existing bill, the only tool with republicans is to use the fillibuster and then the democrats will need 61 votes to overcome it which they don't have.
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amundres
01-13 03:54 AM
I live in northern california and has written letters to congressman, first lady but not response.
more...
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GCard_Dream
02-23 01:03 PM
May be it's time to start another contribution drive as some of the members only contribute when there is some action going on in DC; nothing wrong with that of course. I suggest that core team start another contribution drive and hopefully it'll be more successful this time around.
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indigo10
10-25 02:32 PM
how do you get a copy of the approved i-140 if the employer is not willing to give it?
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).
However, You can file a request using FOIA. Check the following threads.
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html
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gc_chahiye
02-10 06:13 PM
Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs
USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
- if your PD is not current, or
- if your namecheck has started and is pending for <180 days
your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).
For people stuck in retrogression such backlog reduction efforts have almost no meaning...
lvaka
05-19 02:17 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
man-woman-and-gc
04-01 06:13 PM
I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.
I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.
My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.
There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.
Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.
I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.
My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.
There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.
Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.
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