Escapism??

rebecca79

Registered Users (C)
After all the current - unavailable drama. I and my husband has decided to finally go to India to visit our families and come back in September.

Do you think I am escaping from my current situation. But am very frustrated and may be a little disheartened.

Anyone else has decided to go? I hope there are no more bulletin of current while we are gone?
 
It is better to wait until the August Bulletin published on 15th July. Perhaps, there could be some unfolding events that might change the position of DOS & USCIS. Anyway, enjoy your time with your family and friends in India!:)

Regards,
Krishna
 
From reading the updates, it looks like USCIS took away 60,000 numbers in just about 15 days....from mid-June to end of June.......

WHAT THE HECK ARE THEY UPTO?? 60,000 visa numbers in 15 days and that too by working overtime on the weekend of July end?

Dudes, noway, can they approve so many so fast! I was a victim of namecheck for 1.5 years, before my 485 got approved......Even when my namecheck cleared in Jan 06...and I responded to their RFE in Feb 06.....it took them almost till May 06 to approve my case....Same thing happened for TXLCRIR...it took them 4 months, after namecheck clearance to approve the case.....
THIS IS NOT THE SAME USCIS, that I know....

I am betting on the theory that - they blindly took away visa numbers, without namecheck clearance....
Traditionally, they take up visa numbers after the end of FBI namecheck clearance...I am betting on the assessment of www.immigration-law.com, USCIS definitely changed their internal process to PULL OFF THIS MAGIC....

I would say that's illegal....and AILF would slaughter USCIS in the upcoming suit...
 
If USCIS pulled away 60,000 numbers in just 15 days.....
THEY DEFINITELY DID SOMETHING ILLEGAL (or to put in their own crooked way - Changed internal process on assignment of visa numbers)

Firstly, if they expect to have a visa bulletin published and then expect hundreds of thousands of individual - to run half the marathon.....only to say later on that - Hey, we were just kidding....MARATHON has been cancelled...No judge is gonna ever accept a process such as that....It's just inhuman!
 
The problem is that they should count visa numbers - at the beginning (as rightly pointed out by CIS Ombudsman)....that's a good way to control the visa numbers....

By counting visa numbers after 6 months of 485 processing and approval, they are just exposing themselves to a process PRONE TO CREATE NEVER ENDING BACKLOGS! That's just the catch 22 of the process!
 
Something fishy is really going on ...

I think it is legal for them to pre-assign a visa number to a pending case, as that is what the Ombudsman encouraged them to do and that is what they used to do years ago.

But any pre-assigned number can go back into the pool if the case is ultimately denied, so no visa number is actually used until the case is approved. Therefore if they have assigned numbers to pending cases without using all of them for actual approval yet, they should not have changed the bulletin to unavailable.
 
Yep, this complicates the process to track denials....
Let's say...this year....USCIS used 60,000 numbers by pre-ordering them....for FY2007....

Let's say by March 2008....all of them are processed....and they end up denying 15,000 cases....

So, Department of State is gonna tell Congress that last year in FY2007....they assigned numbers but managed to goof up and did not give away 15,000 numbers....that they wasted 15,000 numbers! Hee Hee...
Already this year, Department of State is getting blasted for their incompetence of wasting 10,000 numbers in FY2006 ( I think)

Since the numbers don't get carried forward from one year to next....that's the reason, why DOS always gave away numbers at the very last second before approval!

CIS Ombudsman gives easy suggestions....but sometimes it's just not possible to implement!

Unless, USCIS decides to carry forward the numbers from year to year...and then assign the numbers at the very beginning....this process is prone to errors! The process is so screwy!

AC21 says one's petition for green card is valid - as long as your job stays in a same/similar position.......
But then it says, it's valid only if your 485 has been pending for 6 months??

If you think logically, if your I140 is approved and you have been in the same job/similar job, the AC21 law should hold good....what does filing 485 got to do with anything??

Bottomline, the laws of USCIS are a broken system...They meant something at one time...and they mean something else today! Hee Hee!
 
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The most interesting part of July 2007 VB fiasco is, why did they wait till July 2nd to revise the bulletin. Anyway, they are not approving all 60K visa numbers in June itself. I remember reading some other post that USCIS gets VISA numbers in blocks. In that case, DOS would have come to know VISA situation long before July 2nd. So, what made DOS to wait till July 2nd for VB revision? Something wrong.or Some process happened between June 13th and July2nd. What is that???:confused: :mad: :confused:
 
from the looks of it, USCIS made two procedural changes,
1) Pre-assigning visa numbers even before 485 cases are processed (like FBI namecheck clearance)
2) Defy a Visa bulletin, in the middle of a month....

and somehow, got Department of State to tag along....to update the Visa Bulletin...which they never did, in the past!

Now, Department of State may dig - USCIS's grave, if they cannot ensure/guarantee that exactly the 140K numbers get used by FY2007 ( I mean, 485 approvals). Because, Department of State's sole responsibility is that....If not, Congress is gonna burn their ass...

By pre-assigning numbers, USCIS may have gotten away....but Department of State will clearly keep a close eye on 485 denials....If any pending denials are not conveyed to them by mid-Aug (last bulletin for FY2007 - that's when USCIS can reopen the floodgates for more approvals to meet the quota)...DOS will be frowing at USCIS...and may ask USCIS to stop entertaining such cheap tricks in the near future!
 
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Ombudsman's role in retrogression of Oct 2005

CIS Ombudsman gives easy suggestions....but sometimes it's just not possible to implement!!

Remember CIS Ombudsman was responsible for bringing "anticipated demand" from DOL into the picture and precipitating the long retrogression from Oct 2005!

If you think logically, if your I140 is approved and you have been in the same job/similarjob, the AC21 law should hold good....what does filing 485 got to do with anything??

I-140 is employer's petition and not employee's. That is why I-485 which is employee's petition is relevant for AC21.

Bottomline, the laws of USCIS are a broken system...They meant something at one time...and they mean something else today! Hee Hee!

Cent per cent correct:D
 
If you think logically, if your I140 is approved and you have been in the same job/similar job, the AC21 law should hold good....what does filing 485 got to do with anything??
Normally if the employer revokes the I-140 it is immediately invalid. But you can keep alive the I-140 by filing I-485 (and waiting 180 days). If you haven't filed a 485, why should the I-140 be kept alive when the employer revokes it?
 
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