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  • gagbag
    07-11 12:53 PM
    http://www.ilw.com/articles/2007,0710-lee.shtm

    Is Money Behind USCIS Move To Have Department Of State Take Unprecedented Action To "Update" July Visa Chart?
    by Alan Lee, Esq.

    Was the Department of State's unprecedented action on July 2, 2007, issuing an "Update on July Visa Availability" closing off visa availability for the rest of the fiscal year for employment based cases and essentially gutting its July visa bulletin (which opened the employment based categories EB-1 through EB-3 for adjustment of status applications) all about the money with U.S.C.I.S. in the role of culprit? We believe the answer unfortunately is "yes" and reflects U.S.C.I.S.'s desperate desire to grab its huge future fee increase from individuals that it saw slipping through its fingers. U.S.C.I.S. undoubtedly perceived its expected windfall of hundreds of millions of dollars through its outlandish July 30th increase in fees for petitions and applications (average increase 66%) threatened by the July visa chart which would allow many employment based individuals and their families to beat the fee increases. A typical family of four (husband, wife, child aged 16 and the other 12) applying for adjustment of status currently pays $1,605 to U.S.C.I.S. (including I-140 charge). That same family on and after July 30th would pay $4,105, an increase of $2,500, or 255%. If one multiplies those figures by at least 100,000 ( $250 million difference),[1] one can imagine the explosive temper of top U.S.C.I.S. officials when they saw the Visa Office July chart. U.S.C.I.S. has made no bones that it is depending upon the fee increases to fund its proposed systems and structures for the 21st century.

    The Visa Office made it clear through the updating of the visa bulletin that its update was only because of U.S.C.I.S. action using the phrases "The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month....", and "As a result of this unexpected action....." The Visa Office cited these efforts as resulting in the use of almost 60,000 employment numbers. It is also clear that the Visa Office had no wish to defend U.S.C.I.S. when it issued its update on July 2nd. Whether it retains its stance in the future of washing its hands and pointing the finger at U.S.C.I.S. remains to be seen in light of probable Administration pressure to spin the story in a more positive light to the government as this Administration has exhibited a continual attitude of "soaking" immigrants, legal or otherwise ( $25,000+ for a family of four to immigrate under the recent fallen Senate bill ( See our article, "$10,000 Required For Earned Legalization and Adjustment Under the Secure Borders, Employment Opportunity and Immigration Reform Act", http://www.alanleelaw.com/english/articles/a2007-05-26.htm), which figure was modified from the earlier Administration proposal of $82,000+ ( See our article, "Mr. Lee's Comment to March 28, 2007 White House Immigration Reform Proposal - Z Visas", http://www.ilw.com/immigdaily/digest/2007,0403.shtm in "LETTERS" section), the passed amendment to S. 1639 raising H-1B surcharge fees to $5,000 on top of the fraud ($500) and filing ($190) fees, and the rapacious July 30th U.S.C.I.S. fee increase). The author recalls his telephone conversation with Charlie Oppenheim, the chief of immigrant visa control and reporting, Visa Office, in December 2004 concerning the 101,000 "pool numbers", in which Mr. Oppenheim gave no credence to U.S.C.I.S. figures that the agency had cleared over 100,000 cases (including dependents) between April and November. (The exact differential was 115,000 cases, a rate of about 16,400 per month). The author has no knowledge of the exact number of cases that U.S.C.I.S. claimed to close in June for the State Department to announce that almost 60,000 employment numbers were used (employment based immigrant visa numbers are also requested by U.S. consulates and embassies), but notes that the vast majority of employment based cases are with aliens in the States who adjust status here rather than consular processing their cases. If U.S.C.I.S. claimed to clear anywhere in the area of 40,000-50,000 cases last month, that number for one month is difficult if not incredulous to believe, and if true would have involved massive shifts of U.S.C.I.S. personnel from other responsibilities to comb through and adjudicate all files of persons eligible to immigrate through employment, or less than careful consideration of the cases. Hopefully the agency was not in such a desperate state as to cut corners to endanger our national security if it was the latter case.

    The facts and the legality of U.S.C.I.S.'s actions will undoubtedly be the subject of multiple lawsuits. However this turns out, the agency and the Administration will wind up with less respect than before. This Administration needs all the good publicity that it can muster in light of its unpopular Iraq war and recent actions freeing Scooter Libby (not even Paris Hilton avoided imprisonment) and supporting Attorney General Alberto Gonzales and creating further public mistrust of the justice system even after confirmation that he and other White House aides politicized the selection of United States Attorneys. Unless U.S.C.I.S. and the Visa Office can change course, this episode will unfortunately become a black eye to all parties as further facts emerge in the coming days.





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  • caliguy
    10-29 02:20 PM
    As of 10:30 AM PST (Thursday), I have responsed to all requests for Sample letter, details of officer at TSC and steps to reach IO at TSC.

    If you have not received an email from me, please send me a message again. It's been almost impossible to keep up with all the requests I have received since last night.

    Any requests that I get after 10:30 AM PST, I will respond to them tonight.

    Good luck and keep the faith....





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  • cinqsit
    01-17 02:28 PM
    hey snathan

    how about a addnl category in the survey

    people who are not on h1 but willing to contribute

    I am sure there will be some ;-)

    cinqsit





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  • Caliber
    04-26 09:22 AM
    Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.

    Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.

    So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.

    I fully agree with this. L1's being placed at Client's place is ILLEGAL. I have several proof's of this. TCS, Infy, CTS and LT do FAVOR their employees with a gift of filing in EB1 because these guys WOULD not complain to any one what they are paid and their benefits.

    Any one want proof's?



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  • another one
    02-13 04:48 PM
    You are right, we don't have an open enough mind to accept that Santa exists.


    I realize that there is no point in telling you guys anything. When you don't have an open mind, you can not accept the facts. It's like banging your heads against steel wall. When you are not even ready to diagnose the disease, there is little hope you will be able to cure it. Denial is a beautiful thing.

    So I apologize for my comments.

    Here is something you will love:
    Congratulations IV and the core team! Keep up the good work.





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  • B3NKobe
    06-05 12:00 AM
    Nice Man!! Some great entries in this comp so far!! Keep them comming!!



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  • chanduv23
    03-31 02:04 PM
    We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.

    Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.

    INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.

    ac21 says that a person can change jobs after 485 has been pending for more then 180 days.

    The above two things are the law.

    In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.

    USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).

    Memo is clarification which they have been following for many years and as far as I know still binding.

    If we look at all the denials on 485 - when 140 is revoked the officer quotes "INA 245" and when MTR is filed - the case gets reopened stating AC21.

    It is clear that AC21 supersedes the INA 245 rule.

    Ability to pay is an interesting topic but I don't think this kind of denial has anything to do with ability to pay.





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  • bugsbunny
    04-05 04:29 PM
    @krishmunn thanks for your analysis too , i had sent him a bunch of emails about 10 of them and he never responded to them, when i called him about why is he not replying to my emails he said i cannot have any email conversation with you, it did not strike me then why ? but after talking to all the guys here i understand why he said so, i do not know if this would be enough . but i am just preparing my packet to send to DOL

    @PrinceVA i really appreciate your help and your kindness at least someone in the fraternity doesn't believe in finding the nationality before helping. Well i really appreciate your concern and i wish that you were a part of my employers team, but i have my tickets booked and bags packed . I would now empower people from all over the world to come a little more prepared on H1B to US. I admit to being dumb before landing here but i have gotten my much important experience which i will pass on through fake busting.

    @apaul thanks for your analysis paul it helps me understading the situation even more.

    to all the others, i will be going home soon and i shall disclose the name of employer here once i get an ack from the DOL. I appreciate everyone here and their help.

    Thanks to all those who have given me intelligent advise

    Next time someone says they cannot reply to your emails...record the phone conversation :)

    Unfortunately there will be others who will also make these mistakes....but tell us who the company is and spread awareness in the area you come from...so maybe others can be spared



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  • starscream
    09-17 10:25 AM
    as well as on the chat also please thanks





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  • dr_vroeg
    06-08 11:30 AM
    mettebb...should your footer read "undre re-construction?"... under



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  • nashim
    08-11 12:41 PM
    done,
    dec 04





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  • sc3
    06-12 02:33 PM
    I posted this before, but got nowhere (read: did not get the answer I hoped for), hopefully people with little bit more legalese can answer on this discrepancy.

    According to 8usc 1153 (b)(3)A : "Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2)".

    Which means that EB3 should be getting the unused visa numbers from EB1 at around the same time as EB2, and not only if EB2 also does not need the numbers.

    Is the reading that EB2 and EB3 should concurrently share the number on the right track? And if so, is USCIS rolling over the numbers in the right manner?

    If EB3 were to get rolled over numbers only after EB2 is satisfied consuming EB1, the language would have been similarly worded as the last part of 1153(b)(3)A "... to the following classes of aliens who are not described in paragraph (2)".



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  • wikipedia_fan
    06-01 10:09 PM
    Folks - another update on my case.

    As i had been following up my case with the help from my Senator's office, they requested USCIS to give a written decision on my MTR.

    Here is the written decision that USCIS gave

    "On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.

    CONCLUSION: It is concluded that the grounds stated for denial have been overcome.

    ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."

    I hope this encourages people to go ahead with AC21





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  • myvoice23
    08-26 12:25 PM
    I totally agree everbody. ICICI bank all time sucks. I have account with them for 5 yrs. and everytime I do transfer money to India (FYI I do Wire Trasnfer On Monday morning US CST only should be credited in 1 business day, expected that the money will be credited by Tuesday IST ICICI Business time). What happens eveytime they will credit after 5 business days and provided with lowest Exchange rate. I had big fight with poor customer service people.

    One time funny thing happend. I did wire transfer money from my local back to New york bank (ICICI) . My local bank confirmed in an hour that the money got credited in NY bank. I thought money was credited to my local ICICI bank back India in 1 day. Now fun started I was counting the days 1,2,3,4,5, etc... nothing happend. God know what happend to money. I called CSR... I explained her "money transferred to NY bank a week ago." still not credited to ICICI bank. She was telling me that, I should transfer money again then they will deposit the money. I was totally pissed off for their answer. I said, her money already debited from my local bank and money is sittling in NY Bank(account of ICICI). After 1 1/2 hr on the phone she repeatedly tells me that deposit the money again... I hang up the phone, and wrote a big letter to ICICI Mumbai. Then then deposited me the money. Finally claiming that the money was not showing in NY bank that is the reason they were unable to credit in ICICI NRI Bank.



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  • sam2006
    07-19 04:25 PM
    Just Contributed 100$
    Confirmation Number: 6XC73709YH365123U





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  • add78
    06-13 10:51 AM
    As of now there are more than 8000 views for this thread. If we just take that each of us might have visited this thread 50 times.. .That would still take us to 180 odd unique visitors...

    and if you look the survey..JUST 90 Calls so far.. Why there is a disconnect here/??? because we postpone and don't do our part...

    If efforts fails, it is only ourselves to blame.. Platform is set and try to atleast help by sparing 10 mins of your day... Take this matter to your heart and

    JUST DO IT>>>>
    You are the perfect example of what IV looks for in its new members. Enthusiastic, Energetic, Encouraging and Endeavoring.
    Keep up the good work.
    Folks, there is no great feeling than when you feel you are making the difference. Call, Donate, Rally others and feel the rush.

    Yes We Can? Sure We Can.
    Yes We Will? Sure We Will.
    But All Is Nil, Unless We Do The Thing.

    Thank You.



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  • jingi1234
    12-13 10:48 AM
    Was this the first attempt to get to USA? OR

    were you working in USA and went for a visting to INDIA?

    I was on F1 (to OPT to H1b) and planning to visit india in January,. I have to go for stamping.

    Thanks





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  • dankusam
    12-04 11:08 PM
    Hi I've been a NC victim for almost 3 years. I have heard all kinds of speculations on the real reason behind USCIS/FBI decision,like the amount of the tax you pay, your political view, your education level,etc. all influence the result. Could that be true or it's just purely a bureaucratic backlog? Something interesting to think about I guess.





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  • desi3933
    01-22 10:00 AM
    Lets not assume we know all legal stuff.
    Defining employer - employee relationship is different from abuse and we cannot relate these two.

    I do agree that to challenge the law rightfully, one has to have credibility.

    You are right that employer-employee relationship is different from abuse. However, they are related especially if employer takes legal route.

    I wanted to stress thru my post that H1-B worker can not put legal fight for these memo as it has to come from employer. Only time will tell, if or when any employer takes that step.

    One thing, I would like to add here is that memo are advisory in nature and they do not have force of law and apply only to USCIS officers, not to immigration judges.

    ________________
    Not a legal advice.





    ita
    08-25 10:59 PM
    You do NOT have to go anywhere - what you are saying is "SBI Rapid Remittance" by SBI where the money will reach your Foreign account the very next day ( But you might have to wire the money as well to BOA-NY or SBI-NY ?)

    www.onlinesbi.com/rr - This is SBI's response to rapid exchange.

    What i'm talking is "SBI Direct Remit" & takes 3-4 business days but just click of computer mouse once you are set up. I actually set it up Monday morning EST and Friday Morning EST i see my money at Foreign account. No need to open a account at SBI-NY or anywhere but its good to have the target account at SBI ( it can be your mom/dad's SBI a/c or yours , doesn't matter really )

    www.onlinesbi.com/glsus


    Is there anyway that we can open a account with SBI in India from here(US) for ourselves and then use this method to transfer funds into that account.

    Has anybody done that..

    I would appreciate it if someone can let me know if this is possible ,pros&cons in this if any.

    Thank you.





    aj1234567
    07-16 12:46 PM
    signed



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