USCIS capable of efficiency only for spiteful purposes

J

Jackolantern

Registered Users (C)
The USCIS really worked hard towards the goal of screwing over lots of people.

Within a day or two after the "all current" bulletin was published, they simply could have explained to the DOS that the load of pending cases did not justify "all current" and asked them to immediately adjust the dates back to what they were in May or June, before thousands of people changed plans and spent all sorts of money to prepare their applications.

But no, it was so important to them to block everybody from applying in June, while letting people continue to believe they could apply, that they processed cases 700% faster than usual just so they could use up the quota so July could become "unavailable" for all.

All of a sudden they are capable of being so efficient, after having been so chronically inefficient that they consistently underutilized the quota over the past 6 years. It is only when they want to spite us that they become so efficient.

Yes, there is a quota to stick to, but then they should have thought about that when publishing the "all current" bulletin. It is like a shop that advertises a sale, and then when everybody gets there they say everything was already sold out to people who pre-ordered. If you don't have enough stock, and the little stock you have is already accounted for with existing orders, don't advertise as if you have lots of stock for almost everybody who shows up.
 
unavailable" for all is Bull!!!

What this people done over years that they lost Visas every year? Why all this backlog if they can work so efficiently and able to approve 60,000 case over night?

There is no justice anywhere.:mad:


Jackolantern said:
The USCIS really worked hard towards the goal of screwing over lots of people.

Within a day or two after the "all current" bulletin was published, they simply could have explained to the DOS that the load of pending cases did not justify "all current" and asked them to immediately adjust the dates back to what they were in May or June, before thousands of people changed plans and spent all sorts of money to prepare their applications.

But no, it was so important to them to block everybody from applying in June, while letting people continue to believe they could apply, that they processed cases 700% faster than usual just so they could use up the quota so July could become "unavailable" for all.

All of a sudden they are capable of being so efficient, after having been so chronically inefficient that they consistently underutilized the quota over the past 6 years. It is only when they want to spite us that they become so efficient.

Yes, there is a quota to stick to, but then they should have thought about that when publishing the "all current" bulletin. It is like a shop that advertises a sale, and then when everybody gets there they say everything was already sold out to people who pre-ordered. If you don't have enough stock, and the little stock you have is already accounted for with existing orders, don't advertise as if you have lots of stock for almost everybody who shows up.
Click to expand...
 
I am convinced that question is not USCIS efficiency, if that is the case how can they can process 60K cases in one month?

I think some hidden agenda or political scene behind it.
 
StillAlive said:
I am convinced that question is not USCIS efficiency, if that is the case how can they can process 60K cases in one month?

I think some hidden agenda or political scene behind it.
Click to expand...


USCIS is going to run out of budget by the end of Sep. Also there are bonuses alloted for them to work of their backlog before Sep. Why do you think a govt/ agency can come in on weekends to so something like this.

On not accepting new 485's. Totally about higher fees from July 30th. Initially they did not calculaye the loss in revenue from letting everybody file before the date. It is a case of inefficiency and lack of any credibility....
 
Jackolantern,

the reason why DOS did this is simple....because that's what the rules allow....the rules are so freakin twisted....eveybody on this forum - strongly feels that USCIS shoud process on First In First Out basis....But the rules don't really say that, except when country limit's need to be enforced....it ends up doing that!

The rules say - give as many visa numbers, as you can...and that's it!

The only time DOS put the cut-off dates was when country limits had to be enforced....and they did that very well in the first 9 months...
They they realized as per AC21 - since ROW is not using it's share of 100K...what do they have to do? They have to lift country limits and throw it out the door...so that sharks like Ind/China/Phil/Mex can eat the leftovers...
Hee Hee

So, the moment - the country limits are lifted.....what happens...all the dates become Current
 
What can DOS really do for July Visa Bulletin?

Option 1:
India/China/Mexico/Phil - Current
ROW - Current

Option 2:
India/China/Mexico/Phil - Jun 04 (EB3/EB2 etc)
ROW - Current

By doing option 2, they could have phased out the exhaustion of USCIS EB quota until Sep 06......

Looks like USCIS really wants to implement Option 2 by not allowing anybody to apply....but DOS, I guess can only retrogress or make all Current...I doubt if DOS can ever do Option 2?
 
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I do not feel that DOS/USCIS did something wrong. In a hurry to use all visa numbers (not to waste any of them) they might have violated some procedure. It is only lack of coordination between DOS and USCIS, and poor customer service in explaining what is going on. As per the DOS definition of “current”, USCIS was victimized, they forced the DOS to revert back the VB.

DOS says current by if “the demand for visa numbers by documentarily qualified applicants (pre-adjudicated 485s), less than supply, it is termed as current”. That means visa is available for every documentarily qualified applicants. It does not mean that visa is available for every documentarily not yet qualified applicants waiting for filing AOS. The primary function of visa bulletin is to authorize CIS and consular posts to approve documentarily qualified applicants pending with them based on cutoff dates in the VB and to accept new filings based on remaining numbers. I think USCIS has authority to limit the acceptance of new filing based on remaining visas. Though customer can apply new 485 based on VB, VB is not an instruction to customer; it is an instruction to CIS and consular post to accept the number of new filings. The customer can not enjoy the right of VB.

For example, let us assume following situation. DOS has left with 5000 EB visas for a FY. DOS is asking CIS and consular post, how many documentarily qualified applicants they have and pending for visa numbers. They reply that they have 4999 pre-adjudicated 485s. DOS thinks demand is less than supply (by 1). Then, DOS makes all category “current” as per their definitions. As per their definition “the demand for visa numbers by documentarily qualified applicants (pre-adjudicated 485s), less than supply, it is termed as current”. Their definition of “current” forgets how many people will file new 485 based on “current”. USCIS can accept only one or two new filing based on remaining 1 visa number. Based on “current”, if USCIS expects that new filings are going to be 10,000 for a single visa number, what option USCIS has? They gave 1 visa to documentarily not yet qualified applicants, pending with USCIS due to name check and informed DOS that they consumed all the visa numbers. Now DOS has sent a message that all 5000 visa numbers were made available and they left with no numbers for the FY. This is what happened

In order to overcome the procedural limitations, DOS should have not made “current”, first part, though documentarily qualified 485s are less than supply. If they do it so, it violates their definition of “current”. Also, if they do not make it to “current” (and impose some cutoff dates) to avoid tons of new filing for a single visa number, USCIS may not even approve all 4999 documentarily qualified 485s as some of them may have very latest PD. This will lead to loss of visa numbers. In either way both DOS and CIS is screwed due to the definition of “current” and procedural limitations. In this situation, what they did is the only available options. In simple term, every one (DOS, CIS, customer, & lawyers) is a victim of complex immigration law and complex procedure to implement it.
 
USCIS is always like this, unpredictability has been its trade mark. Look at how fast they moved to kill WOM where as they took years to remove LC Sub. Its not the question of what is important here but how fast they move if they want to. USCIS will always find some loop holes in the law to do what they want to do, we can lobby for any laws; USCIS has the final say in the implementation of laws.

If not this, they would have opened a new backlog center to seal all the newly appplied 485s for couple of years. Keeping applicants in limbo at various stages is USCIS's favorite passtime. Without a viable plan B and time limits set in our lives, following these forever would be extremely costly in my opinion.
 
Jackolantern,

You are so right. They have this pattern. USCIS/INS only show up when they are in trouble.
 
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