nomi
12-11 02:28 PM
Quote:
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
Originally Posted by god_bless_you
SO if USCIS wants to make a new rule of filing I485 for the one whose I 140 is cleared and priority date is not current, It CAN DO That RULE Right?
We do not need any Congress approval for that Right?
If so can we explore this option??
Yes, I was wondering the same thing.
The only plausible explanation for requiring congress' approval, that I am able to come up with, is that we bundled many requests along with the request for concurrent processing of 140/485, like additional visa numbers etc., which I think are not in the hands of USCIS.
We would need congress approval to increase visa numbers, etc. But for changing the rule to allow concurrent 140/485 processing is probably within the jurisdiction of the USCIS.
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seeker999
08-11 11:13 AM
Are we concluding that we will not have any support from IV for EB3?
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
Can we draft a letter to USCIS and push it through the founding fathers of IV?
I have an idea, can we connect to a lobbyist who can push the legal immigration. Immigration lawyers, construction companies, banks etc will be the ones benefiting in resolving EB issues. Can they sponsor. Please consider this as me just sharing my thoughts.
sc3
10-16 02:48 PM
I beg to disagree. If it was the visa bulletin, then why did they process newer applications first?. That shows some disorder out there. Even when Amazon breaks up, they set their operations right. Here we are being fed the same story over and over again.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
Coming to backlogs, they introduced perm before all the existing labor applications were processed and what happened after that?. All the existing applications were sent to the infamous backlog elimination centers. While those applications were waiting to be picked up, perm applications were being processed left, right and centre.
Firstly: If USCIS was reacting, they would not have approved the so called "newer" applications. USCIS had to use up the numbers so they took the path of least resistance -- not the right thing to do -- but it can't be branded as a "reaction" to the July 07 issue.
Second: When you say "approving" newer applications, are you saying approving older applications by PD or older applications by RD/ND (with older being 3-4 year older RD/PD)?? USCIS has never had to process applications by PD, only factor they have is RD/ND. PD just tells when someone can be approved (or apply), it doesn't get you any priority in the processing queue. I am sure you dont want the situation where you have your later PD, earlier RD, but someone who chose to delay his app to come with an ancient PD, but a fresh RD to get processed ahead of you (when both of you are current) do you?
I am bit out of touch, but isn't PERM/BEC a DoL operation not USCIS. Then again, those were the factors you have no control. Even when it was just the Labor Cert process, there had been disparities between various processing centers. Some people made use of provisions (sometimes fraudulently) to get their LCs through these "fast" process centers. I too have been affected by the Perm/LC situation, but I don't think USCIS is to take blame on that.
Am I defending USCIS: No, I am just saying if people want a Flower campaign, they should go ahead with it. No point putting FUD to stop people from doing what they want.
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humdesi
02-21 10:06 PM
Lord almighty people are getting really carried away. :) This cutoff setting guy hadn't even made up his mind as of Feb 13. Also read my entire post, he won't set the date till he sees the estimate from USCIS.
Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).
Most likely he'll see how much the demand really is and decide a cutoff at early 2002 or maybe even 2001. Remember EB-2 india vanished even after cutoff being at Jan 2000.
Btw, my PD is Jan 03 and my LUD is still back in November 07 (when my attorney changed).
Most likely he'll see how much the demand really is and decide a cutoff at early 2002 or maybe even 2001. Remember EB-2 india vanished even after cutoff being at Jan 2000.
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sri1309
03-09 01:10 PM
Anyone for May 09 predictions???
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
Lets start diong something. I'll start writing atleast one letter everyday to anyone who can help us. I'll start with Zoe Lofgren who was so supportive for us, and everyday I'll be writing to Obama on Change.gov.
I'll really appreciate comments on this bulletin from all of us disappointed once again, but would also like to see what action we can taKe.
We need action now.. this is too much. Next month or 2, the dates will become U, and then we start dreaming about Oct 1st.. Not good approach..
Anyone.. what will you be doing different today to fix our issues????
somegchuh
12-27 03:28 PM
I think the bottomline is not having a GC causes you so much general grief in life that even if you were in a perfect job on H1 and your spouse had a perfect job on H1, you would still want GC just to circumvent these issues with transit and financial institutions.
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
I know every time my wife or I fly anywhere, we are concerned about transit visas. Anytime you try to open an account, you are concerned. Different state DMV's act differently. Heck, even people in same DMV office in same city interpret rules differently when it comes to H1. I know ppl who have had trouble in CA getting a license because their H1 extension pending and I know ppl whose licenses were mailed to them with validity for another 5 years!
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i4u
04-26 10:25 AM
Hi,
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :
1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
4) How about if my current project completes before oct 1st and I have already applied for h1 ?
Kindly help me for above questions, would appreciate your help.
Thanks in advance.
Your current employer or new employer has to file the H1, and it will be subject to H1B cap; Processing times for COS petitions vary between 2-4 months.
Take advice from a lawyer for specific details. Check out the IV wikki pages
L1 Visa - Immigration Wiki (http://immigrationvoice.org/wiki/index.php/L1_Visa)
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godspeed
06-14 11:41 AM
Senator Saxby Chambliss has voted against the original Senate version of H.R. 4213
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downthedrain
02-02 07:09 PM
Here is the text under the attachment section
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
The record contains a letter from your prospective employer. The letter indicates that you have been employed by XXXXXX company as a Senior Software Engineer. However, the record does not contain any evidence which establishes the salary or compensation package being offered. Therefore you must submit a currently issued letter or other evidence from the prospective permanent employer indicating that the salary or compensation package being offered.
PD Mar 2002
485 RD SEP 2007
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jonty_11
07-09 06:36 PM
I came across this law about the departmental control of numerical limitations, and I'd appreciate it if you all could post your interpretations of the same.
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
DOS Reg 22 CFR �42.51:
(a) Centralized control. Centralized control of the numerical limitations on immigration specified in INA 201, 202, and 203 is established in the Department. The Department shall limit the number of immigrant visas that may be issued and the number of adjustments of status that may be granted to aliens subject to these numerical limitations to a number:
(1) Not to exceed 27 percent of the world-wide total made available under INA 203(a), (b) and (c) in any of the first three quarters of any fiscal year; and
(2) Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203(a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
Source: http://edocket.access.gpo.gov/cfr_2004/aprqtr/pdf/22cfr42.33.pdf
Assuming that USCIS approved (based on which it supposedly requested visa numbers from DOS) 60,000+ I-485 applications between June 13 and July 2, would it or would it not be in violation of the clause in bold ?
Specifically, can anyone come up with a proper explanation of the words "plus any balance remaining from authorizations for preceding months in the same fiscal year" and why, if so is the case, USCIS may not have violated the law?
PS:People seem to be focusing on the eligibility to file the I-485 application when immigrant visa numbers are/aren't available in this thread. I am quite new to the procedures involved in processing green card applications and also to IV. If this question is out of place or silly, please pardon my naivette. I'd really appreciate it if a senior member could nevertheless answer the question.:)
Note: The information in this post is the personal opinion of the author and is not to be construed as legal advice.
text in bold has a GREY area....'plus remaining balance from previous months.'
They can always say the additional approvals were left over from previous months...
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amsgc
03-16 05:40 PM
Well, the fuss is not just about the wait - it about the seemingly interminable wait. Why should there be a wait of 5-6 years to get a green card, when you can get EAD in less than 3 months, or a visa to work in less than 2 weeks?
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
If the US govt. can decide that you have the qualifications to do a job (H1B premium), in 2 weeks flat, then why should a green card based on the same employment take 5-6 years?
Why should the wait for an Indian or Chinese be 5-6 years, but others be less than a year? At the moment, a cook from bangladesh is getting the GC before a doctor from India. Was this the intent of those who designed the EB "preference" system?
If you have infinite patience for GC, then that is good for you. But just waiting and scratching is not in my character, nor is it in 99% of fellow IVians.
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
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mhathi
03-03 04:51 PM
You need an option: My home buying decision is independent of green card process.
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vdlrao
07-18 11:35 PM
vdlrao,
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
I disagree with you. Per my calculation USCIS should have at-least 158k application with PD 2002 and 2003 (all chargeability, all cat). And yes I have arrived at this number after deducting already approved EB2 and EB3 numbers.
If you do INDIA:CHINA:MEXICO :: 40:30:30 ratio.
The break up of outstanding I485 looks like this
India :- 64k
China :- 47K
Mexico:- 47K
As per my calculation Eb3 India do not have good outlook.
you are right if theres no immigration reform in the next two years. But i strongly presume there would be immigration reform in the next two years.
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xela
03-12 07:56 AM
As far as dates for India goes, its out. Bulletin on USCIS website will have details for all other countries as well which doesn't matter much to us...
How sweet of you, but guess what it does matter to some people, like me.
What I do not understand is how EB3 row only moves so little because there isnt a lot of people left before 2005. Anyone have an answer for that?
But I hope things will eventually improve for all of us!
How sweet of you, but guess what it does matter to some people, like me.
What I do not understand is how EB3 row only moves so little because there isnt a lot of people left before 2005. Anyone have an answer for that?
But I hope things will eventually improve for all of us!
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Suva
07-18 09:03 AM
My packet was delivered at 9.01 AM on July 2nd.
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apb
08-16 01:04 PM
Provided there is a separate check associated with that. If 485 is not filed your EAD/AP application will be rejected. Once your date becomes current CHANGE your lawyer because from my understanding of your situation either your lawyer is ignorant or he/she has pathetic attitude towards your case.
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conundrum
11-10 02:05 PM
Bump
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imh1b
03-16 02:47 PM
There is no wastage. Just because people are not getting green cards does not mean wastage. Show me where in the bulletin or official document you can see wastage.
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jsb
01-22 11:47 AM
Nice definition for happiness for American, Japenese , So what about definition of happiness for Indian , Is it GC ? :):)
No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.
Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.
We always pay in some form for any happiness we seek.
No, people with all personalities exist every where. I just took two typical cases. Does Warren Buffet care about car or home he has? His happiness lies in multiplying his wealth (bank account), not in expensive cars/homes. Wealth, big homes, GC, etc. have nothing to do with peace of mind. The moment we get our GC, our happiness level will go up momentarily, and then after a while we'll find things to be unhappy again.
Case in question above, where a GC seeker gets up at 5am in a nicely furnished home, and gets to work, is entirely his choosing for happiness with material things. He knowingly choose to sacrifice his peace of mind for more material wealth.
We always pay in some form for any happiness we seek.
alterego
03-16 12:44 AM
A few things.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
Ignoring folks who are full of themselves is the best way to make them go away.
There are many reasons why people with priority dates before 2004 are stuck in queue. Some I can think of are:
1) Backlog labors that were completed as recently as late last year.
2) Background check stuck applications.
3) Labor Subs which were allowed as recently as last summer.
4) EB3-EB2 cases, where PDs are transferred.
5) Other applications that cannot be approved due to time specific requirements such as physician NIW cases.
6) Some cases that just slipped through the cracks of USCIS inefficiency.
Many of the above causes are being/have been addressed, however their impact will be with us for some time yet, unless there is a visa recapture legislation to make up for the unused visas.
WeldonSprings
10-17 11:58 AM
USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
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