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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #31 (permalink)  
Old 04-27-2007, 05:32 AM
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Default Recapture provision.

I can see why it can be challenging to predict how many rest of world (ROW) applications they will get. So USCIS will work with DOL to try to predict the expected demand based on labor applications. For whatever reason this demand did not pan out.

I am not trying to defend the agency, but here is where the re-capture provision in the SKIL bill becomes real useful. Apply the unused 11,000 visas from the previous year to this year.

This unused visa numbers also explains why USCIS will move dates forward in the final quarter (i.e. july-sep), as the demand is not seen for these visas. The dates retrogress in October with the start of new year to throttle the flood of applications. I agree that it is painful to see visa numbers wasted when so many lives can be affected by them.

Could they use better statistical methods to predict? Sure they could but it would be too much to expect.
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  #32 (permalink)  
Old 04-27-2007, 07:55 AM
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Default

Quote:
Originally Posted by pawnrule
I can see why it can be challenging to predict how many rest of world (ROW) applications they will get. So USCIS will work with DOL to try to predict the expected demand based on labor applications. For whatever reason this demand did not pan out.
It's really naive to think about capabilites of these organization, they know exactly what they are doing and current retrogression is a deliberate act and has nothing to do with demand,
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  #33 (permalink)  
Old 04-27-2007, 08:12 AM
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Default Throwing carrots

To me it looks like this is heights of capitalism. Throwing carrots at a time when nothing seems to happen.

Our issues are well known and before the flames grow, we can see these carrots getting thrown in a timely manner.

SO basically, from now on, we can see some forward movement (just to show system is still working) , in a timely manner.

Murthy attorney is supposed to be the best attorney in US and her inputs are considered valuble for DOS.

In fact, if Murthy can go out of her "business ways" and support us like Rajiv is doing I think we can achieve more.

Murthy's point is highly valid with how wrong DOS is about anticipated demand. I have 2 old labors approved from previous companies and if DOS is waiting for those numbers to be filled, that won't happen because those employers won't substitute.

If Labor substitution is stopped, all those numbers will also be available.

There must be a cut off date to file 485 if 140 is approved and PD is current. This will also help the cause as employers who simply delay will nto be able to anymore.
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  #34 (permalink)  
Old 04-27-2007, 09:44 AM
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Quote:
Originally Posted by chanduv23

Murthy attorney is supposed to be the best attorney in US and her inputs are considered valuble for DOS.
.
Murthy's inputs are valuable for DOS? Yes, I can picture it now. The secretary of state calling Murthy (for which Murthy will charge $200 per 20 mins) for her opinion on which way the winds of immigration law blow.

Murthy and her minions charge something like $150-200 (or was it more? I don't remember) for a 20 min phone consult. Contrast this with others: David N (last name withheld, because I am not advertising for anyone) in NYC/NJ will talk at length with you, for free, to disucss your situation before you decide whether to hire him or not. And once you hire him, he will give you his cell number and will return calls on the same day. And he is not an exception. There are many others (Paull H of San Fran and Eoin R of Boston, being other examples), who are genuinely helpful and are good a what they do. And these folks have years of experience; not green young guys looking to get business. So all this drum-banging for Murthy seems very strange.

Don't send me a PM asking for the name/contact of these good lawyers. If a lawyer will not let you interview her/him for free before you hire her, then I'd stay away. You can always find a good one by first calling 4 or 5, describing your case and analyzing their response. It's your money; spend it wisely.
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  #35 (permalink)  
Old 04-27-2007, 10:06 AM
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Default

Anai,

I am seriously looking for a good and responsible Attorney in CA. I have had years of really bad attorney and am completley stressed out and want to change. I know you did not want to send PM. but please if you can PM or Post details about good attorneys. I need to fins an attorny quickly as time is running out.

And, I never considered Murthy. That is the reason I am looking.

Thanks


Quote:
Originally Posted by anai
Murthy's inputs are valuable for DOS? Yes, I can picture it now. The secretary of state calling Murthy (for which Murthy will charge $200 per 20 mins) for her opinion on which way the winds of immigration law blow.

Murthy and her minions charge something like $150-200 (or was it more? I don't remember) for a 20 min phone consult. Contrast this with others: David N (last name withheld, because I am not advertising for anyone) in NYC/NJ will talk at length with you, for free, to disucss your situation before you decide whether to hire him or not. And once you hire him, he will give you his cell number and will return calls on the same day. And he is not an exception. There are many others (Paull H of San Fran and Eoin R of Boston, being other examples), who are genuinely helpful and are good a what they do. And these folks have years of experience; not green young guys looking to get business. So all this drum-banging for Murthy seems very strange.

Don't send me a PM asking for the name/contact of these good lawyers. If a lawyer will not let you interview her/him for free before you hire her, then I'd stay away. You can always find a good one by first calling 4 or 5, describing your case and analyzing their response. It's your money; spend it wisely.
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  #36 (permalink)  
Old 04-27-2007, 10:31 AM
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Default Not praising Murthy

I am not praising Murthy. Whatever she is, she makes public appearances and comes on Radio and TV and talk shows. Her firm definitely has that "Marketing edge" and for that reason, she may influence the agencies.

By now we all know how things work here. Moving dates slowly in a timely manner is basically the ploy. It is like throwing some carrots at a bunch of hungry rabbits.

I do totally agree that she belongs to the greeedy and selfish category, but thats how people and things are here. This is capitalism.
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  #37 (permalink)  
Old 04-27-2007, 10:58 AM
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Default

Quote:
Originally Posted by chanduv23
I am not praising Murthy. Whatever she is, she makes public appearances and comes on Radio and TV and talk shows. Her firm definitely has that "Marketing edge" and for that reason, she may influence the agencies.

By now we all know how things work here. Moving dates slowly in a timely manner is basically the ploy. It is like throwing some carrots at a bunch of hungry rabbits.

I do totally agree that she belongs to the greeedy and selfish category, but thats how people and things are here. This is capitalism.
dude when retrogression first hit she celebrated the news by telling EB3 India guys go for bride searching and getting married, she only cares about herself,

now about being good attorney, I really don't think she is the best there are lot of other attorneys out there who are far better then Murthy, she only takes straight forwared cases (most of desi cases are pretty straight forward), I have never seen any complicated cases successfully handled by her
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  #38 (permalink)  
Old 04-27-2007, 11:00 AM
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sumanitha can only hope to improve
Default Our Needs than to compare Lawyers..

Guys,

I think we are diverging from our original point..

Whether Murthy does it or Rajiv does it is not our problem.. If we can achieve it that will be great...

We will come to know in the coming months if Murthy is really speaking the truth or not?

Let us wait patiently as we have done every time...

Good luck..
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  #39 (permalink)  
Old 04-27-2007, 11:16 AM
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Default

Come on guys, take the positives out of this update. In fact, she mentions that Mr.Oppenheim reviewed this update before it was published. There's got to be truth in that. I don't think she is doing this to win business, I guess she is way beyond that. And, I don't think the DOS consulted them about this, their firm proactively presented their theories and I commend them for that. We all know that all the approvals form DOL are not flowing into USCIS system, so the numbers are just being wasted.

FYI, Ms.Murthy is not my attorney and I'm no way affiliated with their firm.



Quote:
Originally Posted by janakp
I agree. Is this the only lawfirm DOS will consult and seek their 'valueable' advice. I am sure Patton Boggs and Immigration voice will have direct access to DOS. But they don't advertise about it.
You are right about lawyers.
There are some that give you their phone numbers and direct emails. I have come across good lawyers that have answered my phone calls and returned my emails the same day. And I totally believe in interviewing a lawyer before hiring. I did that for my own lawyer when I filed my application. And he did not charge me any money for this initial consultation.

Even after hiring, I can ask my lawyer any kind of immigration questions and he answers me without charge. It is so, just because I am his client and he cares for his clients. Some immigration lawyers are after money and scare the clients on immigration matters so that they think this lawyer is good. My sincere advice to them is to look around first before you jump in. Do not make your judgement based on a nice looking website. Get information from everywhere and then decide.
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  #40 (permalink)  
Old 04-27-2007, 11:23 AM
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Default

Quote:
Originally Posted by vikki76
We lost 11,000 visas.Cool!.
Nobody is holding USCIS accountable.11,000 means approx 5200 people could have filed their 485's.
Of course, USCIS doesn't care about these 5200 people.I have met only one person who is waiting for his labor to come since 2001.Rest all are from 2004 onwards.
It's obviously a terrible wastage from our point of view. But -like it or not- USCIS is on solid turf here.

The 140,000 visa numbers are the upper limit. The total visas issued cannot exceed this. They are under no obligation to issue that many visa #'s.

Many people refer to these limits as "quota". This is incorrect. Quota implies that these many visas are guaranteed. That's not the case. Even the per country limit in each category (such as 2800 for EB3) is the upper limit, not a quota. Which means if USCIS doesn't issues merely 100 visa #'s for India in EB3 category, it's doing just fine! It may decide not to issue even a single visa and spend that on RoW... no problem (for USCIS).
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  #41 (permalink)  
Old 04-27-2007, 11:38 AM
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Default Dos

think about it.

I think we are loosing sight of DOS tactics here.
------------------------------------------------
read between the lines whats ...up and everything's alright.
-Greenday
------------------------------------------------

they move dates in summer and then retrogress in fall.

whats the average time to process 485 application?
6 months

how long is summer?
3 months

so if one files for 485 in summer he most certainly wont get 485 cleared, but will however pay all the fees to DOS.

questions you need to ask.
Q1.why are the dates stagnant?
Q2.why move the dates now?
Q3.why would they move dates by 1yr?


DOS answers
A1. because they expect lot of cases to be cleared by BEC's
A2. because if they don't move dates now, they risk leaving visa numbers unused.
A3. because they think BEC and USCIS wont have not cleared as many cases as they expected

I think the Real answers are
A1. because they expect lot of cases to be cleared by BEC's, and they don't want to look stupid by making dates unavailable before June.
A2. because if they move dates now nobody is going to get GC in 6 months and they can easily collect INCREASED fees from applicants.
A3. the more number of ppl they can get to file the more fees they can collect.

before you start defending them, think about guys who have PD of Jan 9th 2003 for EB2 India.
let me tell you there are ppl who have PD weeks away from being current.
tell me that DOS can move dates ahead by 1yr in June, but couldn't move 1 day in past 8 months?

Last edited by bostonqa; 04-27-2007 at 03:05 PM.
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  #42 (permalink)  
Old 04-27-2007, 11:43 AM
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Quote:
Originally Posted by Gravitation
It's obviously a terrible wastage from our point of view. But -like it or not- USCIS is on solid turf here.

The 140,000 visa numbers are the upper limit. The total visas issued cannot exceed this. They are under no obligation to issue that many visa #'s.

Many people refer to these limits as "quota". This is incorrect. Quota implies that these many visas are guaranteed. That's not the case. Even the per country limit in each category (such as 2800 for EB3) is the upper limit, not a quota. Which means if USCIS doesn't issues merely 100 visa #'s for India in EB3 category, it's doing just fine! It may decide not to issue even a single visa and spend that on RoW... no problem (for USCIS).
Good Point. However, there is a phenominon called "customer service". One can not collect the fee and deny the service on time.
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  #43 (permalink)  
Old 04-27-2007, 11:53 AM
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Default Hah...!!!

Quote:
Originally Posted by Ramba
Good Point. However, there is a phenominon called "customer service". One can not collect the fee and deny the service on time.
Hah! I'll say that again - Hah!

What you say, is how it should be in an ideal world. Reality is something entirely different.
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  #44 (permalink)  
Old 04-27-2007, 12:11 PM
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Quote:
Originally Posted by bostonqa
think about it.

I think we are loosing sight of DOS tactics here.
------------------------------------------------
read between the lines whats ...up and everything's alright.
-Greenday
------------------------------------------------

they move dates in summer and then retrogress in fall.

whats the average time to process 485 application?
6 months

how long is summer?
3 months

so if one files for 485 in summer he most certainly wont get 485 cleared, but will however pay all the fees to DOS.

questions you need to ask.
Q1.why are the dates stagnant?
Q2.why move the dates now?
Q3.why would they move dates by 1yr?


DOS answers
A1. because they expect lot of cases to be cleared by BEC's
A2. because if they don't move dates now, they risk leaving visa numbers unused.
A3. because they think BEC and USCIS wont have not cleared as many cases as they expected

Real answers
A1. because they expect lot of cases to be cleared by BEC's, and they don't want to look stupid by making dates unavailable before June.
A2. because if they move dates now nobody is going to get GC in 6 months and they can easily collect INCREASED fees from applicants.
A3. the more number of ppl they can get to file the more fees they can collect.

before you start defending them, think about guys who have PD of Jan 9th 2003 for EB2 India.
let me tell you there are ppl who have PD weeks away from being current.
tell me that DOS can move dates ahead by 1yr in June, but couldn't move 1 day in past 8 months?
This is what I mean by throwing carrots. Most immigrants have the habit of blaming lawyers for their practices, blaming employers for exploiting, blaming fellow immigrants for breaking law etc.. but when we see DOS playing this game, we do not acknowledge it. We get angry with the "Messsenger". Our anger is directed towards Murthy rather than DOS just because she was a messenger.

Yes, caps are just upper limits, there is no hard and fast rule. Our issues and plight are known. They are using a "throw some carrrots in equal intervals mechanism" , I am sure they also know how many applications from India and China are pending. Like I already said earlier, retrogression is being used to do cleanups in system and tighten the system. Retrogression is basically to make the lives harder and to clean up mess.

I now have a feeling that the number of applications that can be processed from China and India is not in 300 K or so, but well within 100k, because not all H1bs apply for GCs. Something DOS knows and will slow drag the process.
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  #45 (permalink)  
Old 04-27-2007, 01:09 PM
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Default Please refrain from frustrated comments

I observe - of late janakp has been consistently posting totally negative commnest on every thing. I agree all of us are frustrated by this PD monster and the blackhole called 485 - but that is no reason to go totally negative.

Pleasse brothers - all you keep the cheer up and desist or minimize negative and whining posts....plzzzzzzzzzzzzzzzzzzzz

I CONTRIBUTED A ONE TIME $50 AND NOW AM DOING A MONTHLY CONTRIBUTION OF $20 FROM dEC 2006.
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