franklin
08-22 03:09 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).
I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.
Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...
Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.
So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.
I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.
And that is why I'm here, telling everyone to stand up and go to DC.
Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)
Does anyone know what the legislation is?
It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).
I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.
Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...
Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.
So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.
I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.
And that is why I'm here, telling everyone to stand up and go to DC.
Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)
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Immi_Chant
08-04 03:36 AM
Dude I think you are thinking too much of it. USCIS is an organization that goes by a process. If they have a pending application, they have to process it. they decided in the summer of 2007 that they will hire additional contractors and process all the pending applications so that they reach their goal of 4 months processing times of 485.
Why will they waste their resources on your $325 dollars again dude? Is the amount that high that they will reopen the case at the time of finally alloting a visa number, and spend the money/resources on reviewing the case again?
Whatever be the PD, USCIS is all set for a month processing time of 485 by Sept 2009. All cases filed before Jun of this year should have been either pre-adjudicated or denied by that date.
I don't want to drastically oppose anybody's view or perceptions... But still I don't think that USCIS is an organization which goes with all the so called process models and they will stick with processing of the cases with priority basis - Yes, including all their country, category, etc quota fandas...
Otherwise we would not have seen people who are all with 2006 PD getting approvals where those who have better priority dates (with out tied up with any name check or other hassles) in the same cateogory and country are still waiting... Who knows whether they have some other agenda by getting 1000's of $325 from each applicant upfront, even they very well know that they would not able to do anything for those people in the near future? So why do they worry to take a few contractors for the time being and say bye bye after some time to them. By those uneducated contractors we have suffered a lot of back and forth mailing of the applications during 2007 July, there by making good business for Fedex and USPS. Anyways by that most of us got EAD... Thanks to such an act by the so called organization run by process model :D
Needless to say the small efforts as preadjudication or so will hopefully shed some light for our endless wait. I appreciate it... Better late than never. Atleast if they stop kicking the processing dates back and forth, just what we have seen in the last couple of months and offcourse in the past also, I would say "God Bless USCIS" for not making us fools again and agian.
my 2 cents...
-Immi_Chant
Why will they waste their resources on your $325 dollars again dude? Is the amount that high that they will reopen the case at the time of finally alloting a visa number, and spend the money/resources on reviewing the case again?
Whatever be the PD, USCIS is all set for a month processing time of 485 by Sept 2009. All cases filed before Jun of this year should have been either pre-adjudicated or denied by that date.
I don't want to drastically oppose anybody's view or perceptions... But still I don't think that USCIS is an organization which goes with all the so called process models and they will stick with processing of the cases with priority basis - Yes, including all their country, category, etc quota fandas...
Otherwise we would not have seen people who are all with 2006 PD getting approvals where those who have better priority dates (with out tied up with any name check or other hassles) in the same cateogory and country are still waiting... Who knows whether they have some other agenda by getting 1000's of $325 from each applicant upfront, even they very well know that they would not able to do anything for those people in the near future? So why do they worry to take a few contractors for the time being and say bye bye after some time to them. By those uneducated contractors we have suffered a lot of back and forth mailing of the applications during 2007 July, there by making good business for Fedex and USPS. Anyways by that most of us got EAD... Thanks to such an act by the so called organization run by process model :D
Needless to say the small efforts as preadjudication or so will hopefully shed some light for our endless wait. I appreciate it... Better late than never. Atleast if they stop kicking the processing dates back and forth, just what we have seen in the last couple of months and offcourse in the past also, I would say "God Bless USCIS" for not making us fools again and agian.
my 2 cents...
-Immi_Chant
indianindian2006
09-22 06:38 PM
Call Call Call.......Please call.
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s416504
02-11 09:35 AM
Thanks for prompt reply.
I mean Did you earned your MS after 3 year degree from India? In short Does ISU offer MS for 30 credits for person having 3 year degree from India?
I think If any Univercity needs total X credits to finish US MS then that univercity counts How many credits (Y) one has earned from his past education. So X-Y gives how many more need to earned to finish MS.
ISU - Iowa State University; Not from India. Yes, $15K for a total of 30 credits. Aprx 3 credits per subject => total 10 subjects. One of them must be a project, so total of 9 subjects ( with 3 credits each).
I mean Did you earned your MS after 3 year degree from India? In short Does ISU offer MS for 30 credits for person having 3 year degree from India?
I think If any Univercity needs total X credits to finish US MS then that univercity counts How many credits (Y) one has earned from his past education. So X-Y gives how many more need to earned to finish MS.
ISU - Iowa State University; Not from India. Yes, $15K for a total of 30 credits. Aprx 3 credits per subject => total 10 subjects. One of them must be a project, so total of 9 subjects ( with 3 credits each).
more...
a1b2c3
11-01 07:12 PM
I am EB2-I with PD of Aug 02, still waiting for approval of 485. July07 concurrent filer. 140 was approved in Sept08.
And this is the interesting part. The online status still shows 140 as pending. No email either, just a soft LUD on the online status. USCIS is being truly erratic. A maverick?
You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.
Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.
And this is the interesting part. The online status still shows 140 as pending. No email either, just a soft LUD on the online status. USCIS is being truly erratic. A maverick?
You should fill out a form with the Ombudsman. Just google for it. They should help you with your case.
Is your NC cleared? Have you taken an infopass to confirm your biometrics and NC is all clear? There have been cases where fingerprinting was done but it wasn't reflected in the case status.
bkarnik
06-13 03:15 PM
More shocking information: (pg. 51 of the PDF document)
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers. As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
"For example, when employment-based visas are not used during the year they are authorized, they are lost and are not available for future use without special legislation. In FY 06, over 10,000 employment-based visas were lost, even though USCIS had an estimated 100,000 to 150,000 pending applications for employment-based green cards. Based on USCIS use of visa numbers as of May 2007, at present consumption rates approximately 40,000 visas will be lost in FY 07 without a dramatic increase in USCIS requests of visa numbers. As illustrated below, since 1994 there have been over 218,000 un-recaptured employment-based visas lost due to underutilization of the employment-based visas."
more...
krishnam70
08-16 12:33 PM
[QUOTE=morchu;147959]When you use AC21, you mention a new employer, and that is the employer you "intent" to be employed for an infinite period of time, after getting your GC.
are you aware that its not mandatory to file AC21 with USCIS? ( did i miss something here?) I can join the new company and choose to work for them and file AC21 at convenience. If by chance the GC comes through before you file AC21 what happens?
Its all in the interpretation of the law , there is no hard fast rule that you need to stay with the sponsoring company but just an implication to play it safe.
my thoughts
cheers
are you aware that its not mandatory to file AC21 with USCIS? ( did i miss something here?) I can join the new company and choose to work for them and file AC21 at convenience. If by chance the GC comes through before you file AC21 what happens?
Its all in the interpretation of the law , there is no hard fast rule that you need to stay with the sponsoring company but just an implication to play it safe.
my thoughts
cheers
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chaks7
07-23 03:39 PM
All NVC documents take 3-4 weeks before you get them. NVC sent Biographic forms data to my lawyer's office on July 2nd and they reached my lawyer's office last Friday. So it was approx. 3 weeks.
Hope this helps you!
Hope this helps you!
more...
Macaca
04-16 01:52 PM
1 para from Big money creates a new capital city (http://blog.washingtonpost.com/citizen-k-street/chapters/conclusion/index.html?hpid=topnews)
So the rich have gotten richer, the weak weaker? "I refuse to argue the obvious. ... It's just true, largely because they have less representation. You look at the movements out there, there is no anti-hunger movement, there is no committee on the Hill looking into poverty."
So the rich have gotten richer, the weak weaker? "I refuse to argue the obvious. ... It's just true, largely because they have less representation. You look at the movements out there, there is no anti-hunger movement, there is no committee on the Hill looking into poverty."
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saileshdude
07-04 12:22 PM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
I am in a similar situation , though not exactly the same. In my case I was laid off and my company is going to revoke the I-140 because the position is not there any more. I pleaded them not revoke the I-140 but they said they have to withdraw it as they do not want any liability. My company has about 30,000 employees. I also have the same question as to how I should avoid NOID or denial.
I have seen lot of people switch using AC21 but most of their employers do not revoke I-140. I have yet to see cases where a person's I-140 was actually revoked after 180 days and they were still safe and got their GC approved.
more...
walking_dude
08-14 10:58 AM
EADs include special security measures to prevent counterfeiting and forgery. Only certain centers have the machinery needed to produce these cards. Since EADs are used as REAL ID for travel and DL etc., USCIS decided to stop issuing Interim EADs at Field Offices.
So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!
You can find your Senators/Congressmen here
Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)
Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp
So despite what USCIS memo says I am concerned that Interim EADs are unlikely to be issued (this point in the memo might be an oversight by the officer who issued it). AFAIK Field Offices can only make a request to expedite the case. I would like to know if anyone has got Interim EAD recently. If so let us know!
You can find your Senators/Congressmen here
Senate - http://www.senate.gov/general/contact_information/senators_cfm.cfm ( Choose your State in the dropdown)
Representative - http://www.house.gov/htbin/zipfind. Full ZIP Code + 4 may be needed to find the Rep. You can get your Zip Code + 4 here - http://zip4.usps.com/zip4/welcome.jsp
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Green.Tech
10-01 08:48 PM
Here is what the Houston Consulate's web site has to say:
](Note: Minors (below 18 years) whose both parents are indian nationals are not eligible for registration as OCI. Atleast one parent of the minor should be a PIO having foreign citizenship to become eligible for the OCI scheme.) [/B]
](Note: Minors (below 18 years) whose both parents are indian nationals are not eligible for registration as OCI. Atleast one parent of the minor should be a PIO having foreign citizenship to become eligible for the OCI scheme.) [/B]
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vinodp1978
06-28 01:11 PM
does this mean that i cannot get a 3 yr extension based on approved I-140 pp? My labor is not pending for 365 days and so I am solely depending on I-140 approval for a 3 yr extension. I am filing i-140 and i-485 concurrently before July 5...will this give me an EAD option even if 140 takes longer to get approved?
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franklin
10-24 03:35 AM
he is EB3
everyone is retrogressed, badly i may add
there is no method to this madness.
congratulations bud! glad you made it out :D
First off - Congratulations to the OP. Isn't it a massive relief?!
Secondly, I have to reiterate what Paskal mentions.
All countries are retrogressed.
It bears repeating again, and this time in red. All countries are retrogressed
Cases like this highlight the complete unpredictability in the system. Part of the problem we, as an organization, are working to solve.
EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
It goes to show that Name Check can happen speedily (and refer to other postings for recent updates on this front)
everyone is retrogressed, badly i may add
there is no method to this madness.
congratulations bud! glad you made it out :D
First off - Congratulations to the OP. Isn't it a massive relief?!
Secondly, I have to reiterate what Paskal mentions.
All countries are retrogressed.
It bears repeating again, and this time in red. All countries are retrogressed
Cases like this highlight the complete unpredictability in the system. Part of the problem we, as an organization, are working to solve.
EB3 ROW PD is back to 2002, as mentioned in this thread, however this case (like my own) highlights that you don't have to have PD current at time of GC approval. What makes this extra surprising is that this is a JULY filer (I was June).
It goes to show that Name Check can happen speedily (and refer to other postings for recent updates on this front)
more...
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alterego
10-12 06:40 AM
Is there anyone here that truly believes that the legislators will not pass something before the end of the year to recapture the remaining 50K visas left for recapture for schedule A? If yes then this whole argument is kind of null and void. They are not going to leave nurses and PTs high and dry, not with the kind of shortages looming.
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dilipb
06-23 04:00 PM
forgot one thing.
NO short forms.
On the check write US department of homeland security
NO dept.
NO USCIS
DONT forget "US"
NO short forms.
On the check write US department of homeland security
NO dept.
NO USCIS
DONT forget "US"
more...
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srinivas_o
07-08 02:05 PM
Thank You, WeShallOvercome. Your words really made me relaxed.
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indian111
08-14 11:04 AM
E-filed on May 22 ,
Fp done June 17,
LUD on 07/22
No updates so far .
My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
Did anyone try writing to senators or congreesmen for EAD approval delay ??
Fp done June 17,
LUD on 07/22
No updates so far .
My current EAD expires on sep 17 and I already received a letter from my employe abt the new EAD card submisison to continue employmnet .
Did anyone try writing to senators or congreesmen for EAD approval delay ??
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shimul99
10-23 09:17 PM
whats ur pd? eb3 or eb2? which country? ??????
Bangladesh ---EB3
Bangladesh ---EB3
sri1309
08-21 07:47 AM
Guys,
I have once again sent 6 letters by mail to 6 members, but I would like to send to more by email. Can somebody please direct me to how to get those or if you have, please paste it here so that we can start sending emails also.
We must bump up our efforts as much as we can before the Oct bulletin comes out, but EB3 needs to do better. There is not much difference between the two categories when it comes to skill EB2 or EB3. As all of you know, the system is broken. There are Masters degree holders in both categories and experienced categores in both. Not long back we saw Eb3 doing better. This is not right guys,. Lets work together.
EB2 guys( those who do not want to support EB3)::
What will you do, in EB3 shoes, if the numbers are not moving in 2-3 months. You got it. MOst of them will change to EB2, right. I will too. I am sure you can imagine the scene then. I know 8 of my 15 friends have already jumped to EB2. And I am sure they have much higher priority date than most of EB2s there. So you know what to expect. Lets ALL support for the common cause.
Sri.
I have once again sent 6 letters by mail to 6 members, but I would like to send to more by email. Can somebody please direct me to how to get those or if you have, please paste it here so that we can start sending emails also.
We must bump up our efforts as much as we can before the Oct bulletin comes out, but EB3 needs to do better. There is not much difference between the two categories when it comes to skill EB2 or EB3. As all of you know, the system is broken. There are Masters degree holders in both categories and experienced categores in both. Not long back we saw Eb3 doing better. This is not right guys,. Lets work together.
EB2 guys( those who do not want to support EB3)::
What will you do, in EB3 shoes, if the numbers are not moving in 2-3 months. You got it. MOst of them will change to EB2, right. I will too. I am sure you can imagine the scene then. I know 8 of my 15 friends have already jumped to EB2. And I am sure they have much higher priority date than most of EB2s there. So you know what to expect. Lets ALL support for the common cause.
Sri.
yadav
11-07 02:11 PM
If someone enter USA they can bring in 10K$ with them in any form, ask you parents to go to any center in india private broker or anyone and buy $$ (thye charge some amount and that is in paise if they buy $ from you at 39 then they will sell it at 39.50 or so)
You can buy as much as you want 100K$ or more. then when someone from india is coming then they can hand it to him and he can give it to you here.
You can buy as much as you want 100K$ or more. then when someone from india is coming then they can hand it to him and he can give it to you here.
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