shana04
02-26 03:27 PM
What are the steps and actions to initiate the case to be picked up when the priority date is current.
Please advice!
Thanks in advance
Please advice!
Thanks in advance
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Project_A
11-15 10:40 AM
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
ajay
06-06 10:44 AM
Which service center your case is in ?
It is in NSC.
It is in NSC.
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stuckinmuck
05-25 01:44 AM
The latest version of the CIR bill majorly messes up legal immigrants' lives.
My advice would be to get ready to pack your bags and go back home.
The H1B provisions will make it impossible for you to stay here for long.
I presume you are affected by GC retrogression.
My advice would be to get ready to pack your bags and go back home.
The H1B provisions will make it impossible for you to stay here for long.
I presume you are affected by GC retrogression.
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sdpkelkar
01-27 12:13 PM
They're all awesome IMO...but Perlin circles is primus inter pares for me :P
smisachu
07-23 03:35 PM
R.William on July 3rd.
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gc_chahiye
08-03 05:55 PM
With an I-140 approval a strict reading of the law does seem to imply to me also that an extension only if I-485 cannot be filed. However USCIS has been interpreting this to be I-485 cant be approved because of visa numbers. And that makes sense.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.
So once dates go U (like they have now), or you are no longer current, you can still get 3 year extensions. Thats what has happened to a couple of my friends.
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lazycis
12-05 12:14 PM
Unfortunately I-485 class action is more complicated (different types of immigrant visas, different statutes, etc.). The only one I know of, ImmigrationPortal.Com v Ridge (03-cv-02606, District of Columbia, was not certified as class. Also, ACLU have little interest in pushing I-485 lawsuit as there is no immediate benefit, GC holders cannot vote. This may be another action item for IV - Immigrationportal suit failed in part because there was no organization behind the suit. Right now the majority is concerned about EAD/AP, but if FBI name check does not change, the wait can be decades based on the volume of applications and current "efficiency" of the FBI NNCP.
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godbless
12-14 04:12 PM
Thanks all.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.
2. You can put some future date in there.
3. It will be multiple entry. You have to write some thing describing the need for this AP.
I hope it helps.
1) While filing AP online it asks if I want to add more filings. I want to add my wife's I-131 as well. Also my wife is a derivative beneficiary of my pending 485. So, my question is should my wife and my AP supporting documents be mailed in the same packet, even though I will
create 2 separate files in the same packet. Please advise. Else, how will they know that my wife's AP renewal is linked to mine.
2) There is a section which asks for the data of Intended departure. In paper based filing i would type unknown at present time. But in e-file, i cant type that in the date field. Can I leave this field and the length of stay blank ?
3) Part 7 Info for me asks only if my trip is for single entry or multiple entry. It does not ask for any supplemental Info. What is this supplemental info people talk about ?
__________________________________________________ _
1. Make 2 sets of documents and send them separately. They would know because you would send a copy of I 485 petition of your wife as well in her packet.
2. You can put some future date in there.
3. It will be multiple entry. You have to write some thing describing the need for this AP.
I hope it helps.
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frostrated
10-23 01:38 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.
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pappu
07-23 01:28 PM
How does it matter ? Getting the application delivered is important.
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oliTwist
01-16 06:14 PM
I see that Dream Act folks are trying to get > 60000 points, to showcase their support. We need to match for the posts like Legal Immigration in there. Currently the top posts for "legal immigration" are around 2000 points. Not many ppl are not taking interest.
Please vote up on our causes! Easy job..but please act!
Please vote up on our causes! Easy job..but please act!
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nhfirefighter13
January 17th, 2005, 06:45 AM
I like 2,3,and 4. Good job, Anders!
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gcgreen
07-22 02:31 AM
Quoting the AC21 memo:
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
"Adjudicators SHOULD NOT PRESUME ABSENCE OF SUCH INTENT and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So, per the memorandum, you MAY be in trouble ONLY if the adjudicating officer decides something is fishy. And the officer is to treat the I-140 and supporting docs (based on which your I-140 was already approved) as prima facie evidence of intent. So why are you worried? Has your I-140 been withdrawn by old employer?
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
more...
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mavrick
06-03 11:01 AM
That is disappointing. But I guess we don't have a choice.
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LostInGCProcess
10-24 12:56 PM
Unless your parents have SSN, you can't really claim exemption. .
This is not true.
I have claimed my parents as dependents when they visited me a year ago for about 5 months.
When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.
Thanks
This is not true.
I have claimed my parents as dependents when they visited me a year ago for about 5 months.
When you submit your tax returns to IRS, at that time they apply for ITIN (if they don't have one) for the parents. That what I did....however, I went thru a CPA.
Thanks
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willgetgc2005
03-22 07:36 PM
Numbers USA cares about total number of immigrants per year.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.
Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
We work hard in anticipation of GC
http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas
For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
it anymore. Seriously.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.
Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
We work hard in anticipation of GC
http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas
For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
it anymore. Seriously.
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India76
09-17 01:53 PM
On different note, I just realized that I have one red dot against my name... :-) I never posted anything to offend anybody.. How can see who gave me a red dot and for what reason?
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pmpforgc
10-31 02:49 PM
Hi
My sch-A appln. I-140 was approved on Oct-30.
I also got LUDs on I-485s of me and my family on Oct-31.
Does that suggest anything or it is just routine update after I-140 apporval?
Your experienced input will help.
My sch-A appln. I-140 was approved on Oct-30.
I also got LUDs on I-485s of me and my family on Oct-31.
Does that suggest anything or it is just routine update after I-140 apporval?
Your experienced input will help.
indyanguy
01-14 09:15 PM
Why dont we start an entrepreneur thread here on IV. I know it does not go in line with IV's goals, I can set up a forum real quick and we can get a group going there.
Sounds like a good idea to me. As far as I know, there are a lot of IV members showing interest in this topic.
Sounds like a good idea to me. As far as I know, there are a lot of IV members showing interest in this topic.
imm_check
11-06 06:34 PM
From what you have mentioned, the answer to your question lies in the notice that USCIS has sent to your attorney....The letter should have exactly the steps needed and the time to respond....Your best bet is to request the attorney to send you a copy of the letter....
Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....
All the best....
Do they send a 797 Notice of action?
Personally, I think USCIS would request the empoyer to sign the check or re-issue a new one and send it within 30 days....it is not a big deal....
All the best....
Do they send a 797 Notice of action?