Macaca
08-14 11:40 AM
� If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
What does this mean? Thanks!
What does this mean? Thanks!
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kondur_007
09-29 11:05 AM
The way USCIS functions, I would rather see the movement of the dates back rather than forward...why?
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).
So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.
It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??
Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
TomPlate
07-09 01:35 PM
Is the flower campaign only for people who filed on July 1st and 2nd?
I have not filed yet can I be a part.
I have not filed yet can I be a part.
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technoboy
07-20 11:13 AM
Is there any thing to do with I-140approved/pending with I-485/ead/ap processing?
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singhsa3
08-13 06:59 PM
Please feel free to comment or correct any facts.
Fact Sheet: Who's Looking Out for You?
Green Card Visa Numbers Situation
� The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
� Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
� Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
� It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
� Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
� USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.
What do these jargons mean?
� Priority dates will remain retrogressed for several years.
� Those who could not file their I-485 now will now have to waitttttt�..
� Due to resource constraints, security checks may take years.
� Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
� Endless cycle of EAD renewals and Advance paroles.
� For any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
� You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
� EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
� Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
� So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Fact Sheet: Who's Looking Out for You?
Green Card Visa Numbers Situation
� The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
� Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
� Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
� It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
� Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
� USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.
What do these jargons mean?
� Priority dates will remain retrogressed for several years.
� Those who could not file their I-485 now will now have to waitttttt�..
� Due to resource constraints, security checks may take years.
� Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
� Endless cycle of EAD renewals and Advance paroles.
� For any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
� You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
� EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
� Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
� So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
abhikal
02-24 01:45 PM
First time contribution, but not last time. will keep pouring in time to time
good job guys and thanks a lot
good job guys and thanks a lot
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DSLStart
08-23 09:58 AM
^^ Please keep poll bumping for next few days ^^
A recent post asking about how many people have EB2-India PDs of 2003 or earlier had no responses, so I am curious about the potential spread of waiting people (atleast in the sample set of whoever responds to this poll).
RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.
(we can do separate polls for EB3-I, china, ROW etc)
A recent post asking about how many people have EB2-India PDs of 2003 or earlier had no responses, so I am curious about the potential spread of waiting people (atleast in the sample set of whoever responds to this poll).
RESPOND ONLY IF YOU ARE EB2 INDIA, HAVE FILED 485, AND ARE WAITING FOR APPROVAL.
(we can do separate polls for EB3-I, china, ROW etc)
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chanduv23
07-08 02:31 PM
One of my co-worker was in same boat. His desi employer revoked his I-140 when he took fulltime employement in 2005. He got his GC finally.
I am in same situation. As of yesterday, my previous employer would have revoked my 140.
I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.
Any ideas how to ensure that AC21 paperwork is getting into your file.
The answers I see on this forum is
(1) USCIS is overwhelmed with documents so mail can be trashed
(2) USCIS clerk does not know how to handle the paperwork
(3) USCIS certifying officer is not well educated about AC21
Any idea on how to ensure AC21 paperwork really goes into your file.
I am in same situation. As of yesterday, my previous employer would have revoked my 140.
I already sent the AC21 letter, there are no LUDs. My attorney says, chances that the letter may not go into the file are high and the reason we send AC21 paperwork is to keep a record that we sent. I took a screen shot of the DHL tracking info too.
Any ideas how to ensure that AC21 paperwork is getting into your file.
The answers I see on this forum is
(1) USCIS is overwhelmed with documents so mail can be trashed
(2) USCIS clerk does not know how to handle the paperwork
(3) USCIS certifying officer is not well educated about AC21
Any idea on how to ensure AC21 paperwork really goes into your file.
more...
Gravitation
09-14 12:02 AM
I bought my house before my labor was even filed.
PD: Dec 12th, 2003
House closing date: Dec 1st 2003
PD: Dec 12th, 2003
House closing date: Dec 1st 2003
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rimzhim
02-07 01:50 PM
I got EB2 140 approval (I have BS + 5 years of experience)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
This is becoming very hard now especially at Nebraska. just wanted those sending applications now to know that Nebraska has recently rejected hundreds of (i) EB2 cases with x yrs of experience + BS even when x is 10 and (ii) EB-1 cases even with Ph.Ds (this accding to my lawyer.)
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Alabaman
07-21 03:10 PM
thanks y'ba for pointing that out. Not everybody is IT. I always read of Oil boom in Calgary and I am thinking of moving there. I am a Process Engr.
can we at least get the facts please before the naysayers votes us down? significant % of us are not IT folks
can we at least get the facts please before the naysayers votes us down? significant % of us are not IT folks
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srt57
02-09 07:32 PM
The requirements for the position shouldn't exceed SVP time levels for the job zone to which the position code belongs - that's all I know. If the position code falls under zone IV or V you can require MS.
I still don't understand how BS+5 qualifies for EB2. If the position code falls is in zone V, BS+5 (7 years of SVP) would be a "normal" requirement, but isn't EB2 only for people with advanced degrees AND positions that require the advanced degree?
I agree with your reasoning. BS+5 seems excessive for EB2 purposes. However, my lawyer also said it is acceptable if the position was a senior level one, eg. Sr Software Engineer. I don't quite understand how she arrived to that conclusion, that's why I'm asking on this forum in the hope that some of the folks on here who have had their PERM labor certification approved under EB2 even though their occupations were Jobzone 4 or SVP 7 <8 would share their experience and stories.
I still don't understand how BS+5 qualifies for EB2. If the position code falls is in zone V, BS+5 (7 years of SVP) would be a "normal" requirement, but isn't EB2 only for people with advanced degrees AND positions that require the advanced degree?
I agree with your reasoning. BS+5 seems excessive for EB2 purposes. However, my lawyer also said it is acceptable if the position was a senior level one, eg. Sr Software Engineer. I don't quite understand how she arrived to that conclusion, that's why I'm asking on this forum in the hope that some of the folks on here who have had their PERM labor certification approved under EB2 even though their occupations were Jobzone 4 or SVP 7 <8 would share their experience and stories.
more...
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sanjeev_2004
08-22 11:14 PM
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
- satish
TSC approving old PD I140 first and that is suffient for demand supply ratio. no approval possible with PD'2005 EB2 cases for contries like India.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
- satish
TSC approving old PD I140 first and that is suffient for demand supply ratio. no approval possible with PD'2005 EB2 cases for contries like India.
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mpadapa
10-09 09:24 PM
Hope there are at least 50 people for the meet:D
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ivdude
10-02 02:34 PM
You are correct. The rules must have changed recently. I wonder what made them make that change, Now children of US citizens (who were once Indian citizens) have an advantage over children who has both parents as Indian citizens. Weird.. isn't it?
Damn..even our own Indian govt discriminates :( . Kids of parents with Indian passport are suspicious..
Damn..even our own Indian govt discriminates :( . Kids of parents with Indian passport are suspicious..
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gcseeker2002
12-06 09:30 PM
You do not need a lawyer, I can guide you thru the process :) Yes, I know a few cases where plaintiff requested court to force the USCIS to issue EAD. Some people were waiting more than a year! Those cases were usually bundled with I-485 WoM. One case is well-known class action lawsuit Ngwanyia v.Ashcroft, No.02-CV-502 (D.Minn.). Government promised to issue EAD within 100 days for the class.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
I have already waited 90 days, my RD is July 02, ND is July 27.
http://www.ailf.org/lac/lac_020905.pdf
However I think you better of waiting 90 days from the receipt date and then requesting EAD on infopass. Lawsuit is not a speedy process, the government has 60 days to respond to your complaint and that's not the end of it.
I have already waited 90 days, my RD is July 02, ND is July 27.
more...
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rsn75
07-12 09:49 PM
All,
You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).
In G-639 form, Fill out the following information
I) Type of request
-> Freedom of information Act (FOIA)
2) Requester Information
--> Your Communication address
3) Consent to release information
--> Please choose "A portion of my records" box
4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).
5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record
8) Notary
-> Please Notarized the G-639 form
Send the filled form to the following address
National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010
You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD
I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).
Please let me know if you need any more information on this regard.
You can request a copy of I-140 approval from USCIS using G-639 form (download from www.uscis.gov).
In G-639 form, Fill out the following information
I) Type of request
-> Freedom of information Act (FOIA)
2) Requester Information
--> Your Communication address
3) Consent to release information
--> Please choose "A portion of my records" box
4) Information needed to search for record
--> Please specify only "ETA 9089" for PERM CASEs or ETA 750 PART A & B. ( I have asked for ETA 9089,)
--> You can also ask for I-140 approval copy(Since i have approval letter i didn't ask.)
*Note: If you specify portion of record in application, then it will be processed in Track one otherwise it is going to be in complex track(Track Two).
5) Data needed on subject of record,
--> Please give A#, Receipt number, DOB, I-94 Admission # and your name etc.,
6) Verification of subject identity
--> Notarized affidavity of identity
7) Signature of subject of record
8) Notary
-> Please Notarized the G-639 form
Send the filled form to the following address
National Records Center - FOIA Division
P.O Box 64801
Lees Summit, MO 64064-8010
You will get receipt notice with NRCxxxxxxxxxx which can be trackable through the following link.
http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD
I have applied it, it is in the process, i believe it is going to take minimum 3 to 5 months since my case is assigned to Track One. Every month they are processing atleast 1000 Applications. It may take morethan 6 months if the case is assigned in complex track. If you ask for full package then difinitely they will put into complex track(ie Track Two).
Please let me know if you need any more information on this regard.
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pal351
06-23 04:02 PM
You are absolutely correct, u did not miss anything.
- fill the complete i765 form, dont forget to sign
- copy of 485 receipt
- front and back of current EAD card
- 2 photos (make sure to write A# and name at the back using a pencil)
- check payable to US department of homeland security
- file it correctly to the right service center (dont worry if the address is different than what u filed last time)
- nothing else (since its a adjustment of status case, there is even NO need of i94)
- Just make sure A numbers are written properly everywhere.
Hi Dilip,
One Last time please
I am filling the I765 Form.
I have couple of questions.
1) in 11th column. Which USCIS Office( Am I write Nebraska or Nebraska Service Center) and What about Date? which date .... EAD Applied Date or EAD Approved Date?
2)I Enetred in to US Using AP but I am on H1B only so what is my Current immigration Status and Manner of Last Entry
Please Input your experiences.
- fill the complete i765 form, dont forget to sign
- copy of 485 receipt
- front and back of current EAD card
- 2 photos (make sure to write A# and name at the back using a pencil)
- check payable to US department of homeland security
- file it correctly to the right service center (dont worry if the address is different than what u filed last time)
- nothing else (since its a adjustment of status case, there is even NO need of i94)
- Just make sure A numbers are written properly everywhere.
Hi Dilip,
One Last time please
I am filling the I765 Form.
I have couple of questions.
1) in 11th column. Which USCIS Office( Am I write Nebraska or Nebraska Service Center) and What about Date? which date .... EAD Applied Date or EAD Approved Date?
2)I Enetred in to US Using AP but I am on H1B only so what is my Current immigration Status and Manner of Last Entry
Please Input your experiences.
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rangaswamy
08-11 01:15 PM
Thanks for the info. I went and pulled up the 9089 filing and just saw that the filing date was 15th may 2006, the expiry date was 3/31/2008 and hence i might have incorrectly assumed that the filing date was 2 years before that.
Sucks! i missed the cutoff by a week
Sucks! i missed the cutoff by a week
ivslave
09-11 10:45 PM
It is a personal choice plus the level of risk you take, I bought my house before my GC was approved and here I am now. Setting aside GC concern, the only problem you might face is securing a loan with good rate, all lowest rate that you notice in internet banner or Bank flyer is not applicable to you, simple reason H1b Visa is considered as temporary Visa, once your loan application is taken by a banker, one of the question in loan app. pertain to Citizenship, if you're US citizen or GC holder then chances of getting loan with lower rate is higher(though many factors contribute to lower rate and loan approval), but if a person on H1B visa approach for a home loan, then Under writers perceive you as high risk borrower, some bank may deny loan if you claim as H1B visa holder, but some banks will approve loan but on higher rate.
In my case I was on EAD when my loan was approved, it was a hell lot of problem in convincing UW to approve loan, I approached my lawyer to get a letter stating that a person on EAD is one step closer to GC to get final approval, still I ended up taking 0.25 % more rate.
Good Luck
HTH
kris
for reply.... as I said I am on EAD.....
In my case I was on EAD when my loan was approved, it was a hell lot of problem in convincing UW to approve loan, I approached my lawyer to get a letter stating that a person on EAD is one step closer to GC to get final approval, still I ended up taking 0.25 % more rate.
Good Luck
HTH
kris
for reply.... as I said I am on EAD.....
pansworld
12-11 10:41 PM
I would support a day of fasting as a mark of protest to draw attention towards the broken immigration system.
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