Beta_mle
02-20 07:28 AM
^ ^ ^
Bump.
Anyone?
Bump.
Anyone?
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amsgc
12-11 12:50 AM
In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.
bluez25
07-26 02:45 PM
Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
Questions for friends around
1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
2.. If not can we get a PCC from the commisioner office?
Please give me some directions.
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WillIBLucky
12-08 08:21 AM
Are you saying that the bill is going to be voted today? And moreover if it even passes will it have to pass in house as well to become a law? from the excitement yesterday I got the feeling if it passes in senate we are good.
can someone clarify this for me?
can someone clarify this for me?
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iptel
02-14 01:17 PM
Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
covers great deal of importance of H1B and Green Card. May be we can consider it to be part of our presentation.
benbear
11-09 09:39 AM
Let me simplify the EB backlog equation:
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct
Do the simple math, we can get the following table:
Average time for FB approval EB backlog
5month 455K
6month 405K
7month 355K
8month 305K
9month 255K
10month 205K
It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.
So,from , EB receipt in Sept vs. receipt in Oct = 2:1
150k in Sept. include both EB(100K) and FB (50K).
(Note: assume received FB every month 50K. 50K is a reasonable assumption,
otherwise it's no way for USCIS to approve 800K AOS a year.)
Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.
Out of the 655k total, the key is lead time for FB approval, how many month?
This is the key! If we assume average FB approval takes 6 month,
then EB out of the 655k is 655K-50Kx6=355K.
Add the 50K EB in Oct. Total EB backlog is 405K.
Still the key is average FB approval time, any gurus has any idea.
I am sure the time is not 12 month. If it's 12 month,
then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!
more...
Appu
04-06 10:33 PM
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
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anilsal
10-27 10:09 AM
as the chapter leaders can appraise you of what is possible, what is the view of leaders towards skilled immigration etc.
Rather than vent your frustration on the forums, direct them constructively to some IV activity.
Rather than vent your frustration on the forums, direct them constructively to some IV activity.
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eb3_nepa
10-19 09:43 AM
So what is the rule? The salary should be exact or can it go up or down?
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cram
09-22 01:08 AM
I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.
I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?
>>>bumping>>>
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GCapplicant
10-12 04:17 PM
I am a June 25th filer, and i got my receipt for 485/131/765 on Sept 10th and haven't received any EAD or AP and no LUD as well forget about FP. I called TSC multiple time and was told first to wait till 90 days of filling ,then 30 days past receipt now 4 more weeks; since they are heavily backlogged busy in issuing receipts for 485 filer.
When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)
By the way my PD is March,2003
How come TSC is slow in yr case?Try giving a call to them if you get helpful IO its good.I was thinking guys who are in TSC are lucky.
infact mine is from Nebraska...my A # numbers are changed...First name Last name my lawyer has made a confusion thats also wrong interchanged.As I have EAD adjudicated I have to pay new fees for new EAD with corrected name accepting my mistake of filing with interchanged names. Thats what IO told me yesterday.
Most of my friends in NYC-applied in TSC July 2...They have got evertything by Aug end infact some of them have done FP too in sep.
I am waiting for FP so that I can request them for correction too.
Sorry for writing blah blah blah....
When i contacted my lawyer he told me the same he is still waiting for the receipts for some of his clients who filed in July/August and reassured me that if or when a receipt is issued he will also get a receipt notice, and will contact me ... so don't worry to much regarding FP misplacement and relax it will come... after all it is National security, if the US is not concerned regarding it then why should you .;)
By the way my PD is March,2003
How come TSC is slow in yr case?Try giving a call to them if you get helpful IO its good.I was thinking guys who are in TSC are lucky.
infact mine is from Nebraska...my A # numbers are changed...First name Last name my lawyer has made a confusion thats also wrong interchanged.As I have EAD adjudicated I have to pay new fees for new EAD with corrected name accepting my mistake of filing with interchanged names. Thats what IO told me yesterday.
Most of my friends in NYC-applied in TSC July 2...They have got evertything by Aug end infact some of them have done FP too in sep.
I am waiting for FP so that I can request them for correction too.
Sorry for writing blah blah blah....
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solaris27
01-08 12:10 PM
no and current passport information
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Humhongekamyab
07-15 02:14 PM
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Congrats buddy.
What is your priority date?
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
Congrats buddy.
What is your priority date?
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immi2006
05-04 09:48 AM
Yesterday AC 360 interviewed Senator Corny, and others including Laura Bush, all of them mentioned how upset they were to see Mex Flags, Spanish version of national anthem, and more importantly, disrespecting US laws and waving foreign flag.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
THey mentioned that it may not before September any decsion on CIR is made, one of them said he is doubtful anything will pass this year at all on Immi reforms. Laura was highly sympatheitc for legal immigrants and their wait in line and she said legal immigrants will be the first preference.
I guess, the Immi Debate is basically divert people attention on IRAQ, Rising GAS Prices, Low Bush Ratings... and Democrats want to churn it to their advantage.
I am not sure if any of you are watching AC 360 at all... it was there last night around 9.30 Pacific time.
more...
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pateketu
08-17 10:22 AM
DesiGuy,
What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?
What difference did you find in work culture in UK vs US, I have heard racism and favoritism is very common when it comes to promotion and stuff, is that true?
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anilsal
08-21 02:04 PM
not only that you got GC but also you made a one time contribution to IV.
more...
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eb3_nepa
04-13 11:19 AM
I was reading this article.
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
http://www.usconstitution.net/consttop_law.html.
It's a great article and maybe we shud add it in our FAQ section.
If you scroll down to the heading "The Bill Becomes Law"
it says :
Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.
Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.
Check this out too.
http://thomas.loc.gov/home/lawsmade.bysec/presidential.html
"A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."
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gc_chahiye
10-31 03:25 AM
Please correct me if I am wrong i.e. I can continue working as I have already applied for my H1 extension and whatever the H1 extension response is based on that if it is approved I can stay on H1 else if extension denied for some reason then at that point I can move to EAD and file a new I-9 Form with my employer and continue my work.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
Thanks
yes you can continue working. Assuming that USCIS honors the original filing date (ie. they assume that your H1 extension was filed before the previous H1 ran out) and gives you a I-94 in the approval you are all set. Make sure your lawyer includes proof that you filed on time, but to the wrong center. IN the worst case if the extension is denied (or approved without an I-94) you can always move to EAD and continue working. The time you spent working past your original I-94 expiry would however then count as unauthorized.
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Maverick1
11-13 05:08 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
DallasBlue
08-01 11:53 PM
Is there a real need of seperate group other than IV.
Just curious.
we just want to group together locally to meet local lawmakers. Most importantly Senator Cornyn's office in near future and push for our goals.
And it is not any seperate group. join the yahoo group to find out who is doing what in their local cities in Texas.
Just curious.
we just want to group together locally to meet local lawmakers. Most importantly Senator Cornyn's office in near future and push for our goals.
And it is not any seperate group. join the yahoo group to find out who is doing what in their local cities in Texas.
newuser
08-17 09:58 AM
PA dmv sucks..dont worry ...try next day or evening in the same time form diffrent officer...they are some time stupid and they don't know what they are talking..
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
I agree with what gcganapati said. Some of folks in these centre's have no idea about these docments. I had mine renewed twice before. First time, I did renew online and they sent a receipt that I took to the DMV center, no problem at all.
Second time, as we want to change the address, they started asking all the documents like 485 receipt notice, EAD, proof of address. It took half hour for them to check in their system (God knows what they are checking) and issued the license.
If its very urgent, try other DMV center's or pay the fee online and take the receipt and get the license renewed at the DMV center.
Take all necessary documents try more times..some officers gives some dont..becuase some of my friend has same issue..they got it...from diffrent officers...dont worry
I agree with what gcganapati said. Some of folks in these centre's have no idea about these docments. I had mine renewed twice before. First time, I did renew online and they sent a receipt that I took to the DMV center, no problem at all.
Second time, as we want to change the address, they started asking all the documents like 485 receipt notice, EAD, proof of address. It took half hour for them to check in their system (God knows what they are checking) and issued the license.
If its very urgent, try other DMV center's or pay the fee online and take the receipt and get the license renewed at the DMV center.
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