saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
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vkraman7
02-12 05:09 PM
First thing is that your employer most likely will not send you a legal notice, as it would cause significant time and money for his already depleted financial resources. Even if he does, if such a legal notice is in an email, just ignore it. DO NOT RESPOND.
If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.
May God be with (and only with) your good intentions.
If it is in your regular mail/UPS/FED EX/Certified mail (most likely), you should consult your new company's attorney and seek legal help. In any case, as long as you have all your eggs in order, you will be fine.
May God be with (and only with) your good intentions.
kondur_007
06-10 08:22 PM
The fact is republicans don’t like non whites to immigrate to US and the democrats are color blind to most extent but they are class conscious, they like illegals and poor people to immigrate to US because they can control them whereas they cannot control and herd the EB immigrants.
"reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.
We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
You echoed my feelings about CIR...
My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.
And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...
Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!
"reforming" the US immigration system by introducing a points based system where even existing applicants like the EB folks who have been in US for the last 10+ years have to re apply in points based nonsense system.
We will all have to fight for our cause but don’t have unrealistic expectations from CIR. Our best bet is a non cir piece meal bill visa recapture bill that addresses EB issues seperate from CIR, it is difficult to get such a bill passed but the chances for such a bill are better then Obama-durbin cir
You echoed my feelings about CIR...
My biggest fear is "choking up of the already inefficient system"...currently we at least can apply for something and expect it to be processed in few months (longer in some cases), get our EADs and APs renewed, call customer service with questions (although don't get needed info in most cases), get infopass....when they try to deal with "blue cards" and Z visas of 12 million plus illegals, none of this will be available.
And I do not want to start GC process from "scratch" in point bases system when I have spent so much time, money and energy in the current process...
Only and only Ron Gotcher can say "once CIR passes, everything will be current and stay current..." DREAM COME TRUE!
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help_please
07-13 10:06 PM
http://thomas.loc.gov/
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
Please visit this site and search for bill # s. 774. This bill does not specify that you must be illegal to qualify.
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nixstor
07-06 06:30 PM
Has the program aired on CST? It starts in minutes in EST. Let me know, if it has not been aired today.
Lisap
08-22 04:26 PM
I can guarantee that u r screwed for next 3+ years if it was EB2 and next 6+ years if it was EB3.
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?
Well, go ahead and cry in the bathroom now instead of actively supporting IV.
You don't have to be so nasty. I thought everyone on here is supposed to support one another for the cause?
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morchu
11-03 02:09 PM
I think most of EB3I and EB2I are missing one point.
EB3I didn't loose anything by the change in spillover policy few years back.
It is EB3-world who lost. Obviously EB2I and EB2C was on the gainers side.
EarlierSpillover EB1row->EB2row->EB3row->EB1I/C->EB2I/C->EB3I/C
CurrentSpillover EB1row->EB1I/C->EB2row->EB2I/C->EB3row->EB3I/C
(or to be more precise, it is currently EB1->EB2->EB3 since spill overs are not considering country based limitations)
Either way EB3I was last in the que. So nothing changed for EB3I or EB3C.
EB2I or EB2C on the other hand moved ahead of EB3row, that is very noticeable.
EB1I/C also moved ahead of EB2row, by this is not that noticeable, since all these categories were close to "current" either way.
In summary, you change the spillover whatever way.... EB3I is always going to be at the end of the line, least benefiting from any spill over.
-Morchu
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
EB3I didn't loose anything by the change in spillover policy few years back.
It is EB3-world who lost. Obviously EB2I and EB2C was on the gainers side.
EarlierSpillover EB1row->EB2row->EB3row->EB1I/C->EB2I/C->EB3I/C
CurrentSpillover EB1row->EB1I/C->EB2row->EB2I/C->EB3row->EB3I/C
(or to be more precise, it is currently EB1->EB2->EB3 since spill overs are not considering country based limitations)
Either way EB3I was last in the que. So nothing changed for EB3I or EB3C.
EB2I or EB2C on the other hand moved ahead of EB3row, that is very noticeable.
EB1I/C also moved ahead of EB2row, by this is not that noticeable, since all these categories were close to "current" either way.
In summary, you change the spillover whatever way.... EB3I is always going to be at the end of the line, least benefiting from any spill over.
-Morchu
I hope once DOS decides to change the spillover and give the extra visas to Eb3 (whoever ROW , India....). The ensuing discussions from from the self glorified EB2 crowd here would make for an entertaining reading. I would like to see how much they enjoy the predictions after that.
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gc28262
07-29 02:07 PM
Probably you are right. But the issue is not the country limit!!!!!!!!
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
You are saying that because you are from ROW.
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.
Some of them has aging out kids who will lose their eligibility because of this long wait.
Take example EB3, how you think will look like EB3 on the next visa bulletin without country limits. EB-3 probably will be June 2002.:eek:
You are saying that because you are from ROW.
I would be delighted since I am from EB3-I. That is what is unfair about this country cap. You probably filed your GC in 2009 and is already impatient. Think about people who came to this country in 2000 or before still waiting for their GCs.
Some of them has aging out kids who will lose their eligibility because of this long wait.
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neverbefore
07-14 02:57 AM
There were times when I was really depressed, specially when I got delayed in New Delhi with "Name clearance" for H-1 renew. However, I believed in higher power and never lost hope. My parents (mother US citizen,father GC) always kept my spirits high. I also got a lot of support at my job (when I got stuck in India, my chief pulled all strings possible to get me cleared).
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
I also had a backup plan, where I could go to Canada or worst, can go back to India where I have an established practice.
Botomline, do not loose hope and work hard.
Congratulations Dinesh! I feel very happy for you.
Could you take some time out and let us know about your H1B delay in India?
Thanks
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OLDMONK
06-26 03:17 PM
My experience with Picture People was ok - fair, I guess those are fine pictures as per USCIS specifications, but nothing out of the ordinary. 14.99 for a set of 4 pictures. Set me back about $80 for 3 sets of 8 pictures.
But my own pictures came out better and are as per specifications. The question is whether to take a chance in case i missed anything or to go with Ok-Fair pictures from Picture People. decisions.. decisions... damn.. retrogression
and of course most portrait studios would guarantee acceptance else will give you a refund or take pictures again for free in case of an RFE.
But my own pictures came out better and are as per specifications. The question is whether to take a chance in case i missed anything or to go with Ok-Fair pictures from Picture People. decisions.. decisions... damn.. retrogression
and of course most portrait studios would guarantee acceptance else will give you a refund or take pictures again for free in case of an RFE.
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anilsal
11-16 10:48 PM
I am planning to move India permanently this year end,
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
Krishna, Can you say "not live *here* anymore" and not "live anymore"?
There is the thread on 401K which is quite useful.
Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:
Have you looked at Canada? Anyway, Home is the best!
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
Krishna, Can you say "not live *here* anymore" and not "live anymore"?
There is the thread on 401K which is quite useful.
Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:
Have you looked at Canada? Anyway, Home is the best!
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snhn
12-28 06:40 PM
so is it the notice date or recipt date that counts.. If someone filed on July 2nd, but the notice date is August 15, where do I coutn 180 days from.
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swamy
04-01 10:47 PM
Ramba and others
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
oh boy - pls tell me its not fragomen!
Thanks for all your responses, It is clearly the attorneys fault.
- I have a letter I wrote to the attorney asking them to withdraw the representation. and the letter clearly states that.
- I have a copy of the letter the attorney sent to USCIS and this letter is clearly asking USCIS to withdraw the case.
The error is with the Attorney and it is one of the big immigration firms.
What really bothers me is that the error is not on USCIS's part but the error is of the Attorney so I am afraid that USCIS may not be too inclined to reinstate the case.
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Does any one know if the client has any legal protection from errors and mistakes made by the attorneys
Please help.
oh boy - pls tell me its not fragomen!
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andrei
07-10 08:15 AM
Attacking Lou Dobbs will help those who purposefully blur the distinction between legal and illegal immigrants. While Dobbs sometimes talks about H1Bs, his main focus is on illegal immigration and he's mostly sympathetic to legal immigration, in my opinion.
more...
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diptam
11-06 12:57 PM
This "AP already approved" so no interimAP(even for emergency) audiotape started since Middle of OCT from NSC IO and local IO's. My AP got LUD on Oct 11th and they said that your AP approved so dont bug us for a duplicate. Wait ... Wait .. Wait ... But how long ??
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
What do i do now ? I cant travel without this piece of sheet ( i mean paper)
Arent you concerned that if its approved on Oct 1, and you didnt get it, then where is it? Did you ask them as to why you havent gotten it in mail even though it has been approved a month ago? Also, did you check with your lawyer if he got anything?
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miguy
06-19 03:53 PM
"PD- Dec 2002, I485-RD- Dec 2003."
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
This means he filed in Dec 03.
holy cow!!!!......its gonna take 4 years from here to get our green cards?
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tinku01
02-19 12:57 PM
rb3_napa you are absolutely right but as we all have been working together to resolve all these GC issues therefore it becomes necessary to consider everybodies problems in the group. As this goup was earlier started by all 485 filers then it's not a good sense to ask 485 releives although CP filers have also joined this group later.
Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....
Thanks
Anyway, now we also know that nothing could happen for CP filers in this campaign but for future efforts there should be some consideration involved for CP filers.....
Thanks
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bachelor
09-24 08:08 AM
Hi All
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I'm in the same situation as you are in.. Can you please let me know which option did you choose?..
Thanks in advance.
I just saw the USCIS GC approval email notice - EB2-I - Dec 20'th 2005 Priority Date
I have same issue as few others have. I'm not married yet. I have applied for GC and luckily the GC has been approved (when I really don't want it to be approved). ... Trust me I was praying god all the time.
My priority date is EB2-I Dec 20'th 2005 and god knows how they approved it much before every one else. When all others really want their GC's.
There are lots people who are in queue with Jan 2004 and later priority dates and whose cases are still pending... How could they approve my case so soon...
I have scheduled for a travel to India on August 15'th 2008 to get married. I wanted to marry and get my wife to USA. I 'm engaged with girl at India and all set for marriage this month (August 2008).
I believe my H1-B has been automatically canceled on immediate approval of GC.
How do I get my future wife to USA?. What are the options left out to me now?.
Please excuse me if this is a duplicate thread. I'm really in hurry and could not check all threads properly.
--Suresh
Hi Suresh,
I'm in the same situation as you are in.. Can you please let me know which option did you choose?..
Thanks in advance.
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amsgc
07-25 11:44 PM
I like the way you think.
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
I hate to say it but this is starting to sound very much like an Alcoholics anonymous support group session. LOL.
Let me jump right in!
Get a grip guys. Life is not so bad. What you guys are worrying about is relatively trivial. The odds are heavily stacked in your favor for you to get the green card eventually, most likely within 2 yrs. I can't fathom another 2 plus years with no legislative relief. In the mean time as long as you stick to AC21 rules, you should have the courage to move jobs. Heck, with EAD, you could even move into something part time and try it out before finally deciding to commit etc. My point is you have tremendous flexibility, enjoy that.
In the small chance things do not work out, then you have presumably had an opportunity to save enough to purchase a decent home in India(or wherever your home country may be), a car and your line of work(I'm referring to the predominantly IT folks here) is in such international demand that you will be able to earn a livable wage anywhere, including India.
And here is the real shocker to many of you. There are millions of Americans(probably well over half) who will trade their position in life with you in a heart beat given the privilege, family and social support system, education, world view and demand you are in. Sometimes it is hard to see how blessed you actually are in this world. That is why I have taken a very grim view of people who have compared their issue to slavery etc. That only speaks to their unawareness of that practice.
Now I know none of this is going to get you your green card tomorrow and improve your mistreatment in this needlessly ridiculous and tortuous green card journey. However I am hoping it atleast gives you some perspective.
sweet23guyin
02-12 04:59 PM
Hi all,
... did not inform him while leaving his company and joined another job...
No matter how bad an employer is, one should inform before quiting...atleast one day in advance!
Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2
Don't worry about losses and cases, it will cost him more if he gos to court.
... did not inform him while leaving his company and joined another job...
No matter how bad an employer is, one should inform before quiting...atleast one day in advance!
Bring IRS in to picture, let them deal these kind of cases...U should be OK in getting W2
Don't worry about losses and cases, it will cost him more if he gos to court.
palemguy
08-19 11:15 AM
PD: April 20, 2004
service center:NSC
I -140 approval date: Jan 8, 2007
I-485 RD: July 3, 2007
LUD on 140: 4/9/2008
LUD on AP: 8/8/2008
I-485 Approval: Hope to see it very soon
I have opened an SR as my case is out side the normal processing time. I have infopass appointment on Aug 27, 2008.
I will post my experience once I am done with my infopass or if I hear anything from NSC.
service center:NSC
I -140 approval date: Jan 8, 2007
I-485 RD: July 3, 2007
LUD on 140: 4/9/2008
LUD on AP: 8/8/2008
I-485 Approval: Hope to see it very soon
I have opened an SR as my case is out side the normal processing time. I have infopass appointment on Aug 27, 2008.
I will post my experience once I am done with my infopass or if I hear anything from NSC.
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