hiralal
08-03 11:15 PM
Although officially so far, USCIS has not branded an I-485 status as "pre-adjudicated", if you haven't received any RFE and/or any other negative status about your 485, and if your case is outside the processing dates of the Service Center, then obviously dude your case is pre-adjudicated. I don't understand why most of the people are ignoring this simple fact. I think we need to stop consider USCIS a mystery box, and start treating it like an organization that processes the applications in a structured way.
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
I tend to believe that the offical status of being "pre-adjudicated" is coming soon. A few months back I read that USCIS is considering publishing another set of date known as "Qualifying Date" in their monthly visa bulletin. That date will define if you are "qualified" to file I-485. They will determine this date based on their workload. The idea behind is to avoid another July 2007 fiasco. They intend to process the 485's early rather than have you wait for your PD to become current. That way they will manage their workload efficiently and avoid visa wastage. They did indicate these applications to be pre-adjudicated then. I am guessing the official status of "pre-adjudicated" on your 485 application is coming soon.
well my view is that it is not that obvious !! say someone is in EB3-I with a priority date of 2004 or EB2-I with a PD of 2006 / 2007 - what would USCIS do ?
these are not the low hanging cases (as opposed to EB2 with PD of 2004 or EB3 with PD of 2001) ..or in other words - there is less chance that they will become current soon ..in that case, does USCIS close the case and put the file away or will they still pre-adjudicate ??
(I am not as informed -- since I have not read the article in detail ..and hence my post is more of a question ...)
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gceverywhere
03-19 03:15 PM
We could not even pool $10K for FOIA. For lobbying, one needs lots and lots of money in the range of 100K -200K. What can IV do? Can you explain what you mean by "something'? if all of us EB3's can pool 100K, then we can request IV to do "SOMETHING". Hope every one understands this.
I Agree but then again, we have to realize that this is a loop. Maybe it's a matter of IV proposing a campaign specifically for EB3 I and then see what kind of money pours in for that campaign.
I have contributed in terms of time and money and do believe in what we do through IV. I also know that WE are IV. So don't take my message in the wrong way
I Agree but then again, we have to realize that this is a loop. Maybe it's a matter of IV proposing a campaign specifically for EB3 I and then see what kind of money pours in for that campaign.
I have contributed in terms of time and money and do believe in what we do through IV. I also know that WE are IV. So don't take my message in the wrong way
saileshdude
02-06 06:47 PM
Vinod,
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
Some more info that may help you. Once you the get exact reason for denial and if it is because of AC21 wrongful denial then file Form to Ombudsman and attach your employment letter with clear job description showing you work in same/similar classification, explaining that you fulfilled AC21 conditions and that your I-485 was wrongfully denied along with your MTR receipt (once you file MTR).
Please note this is from what I have read other posts on this board and not from my personal experience. Also IV would also be able to guide you in resolving this situation.
2011 Cosmic Apple
traveler07
09-25 09:11 PM
I fell into this website, just trying to get some information from people that have experience with immigration issues.
I run a small consulting business, and I have found an ideal candidate to work for me. He is a foreign national, and is currently in this country on an H1-B visa.
What requirements do I need to comply with to qualify to sponsor this person to work with my company?
I have tried to look up information on the government website, but it is frustrating. Am I asking the wrong questions?
thanks for any information you can help me with.
I run a small consulting business, and I have found an ideal candidate to work for me. He is a foreign national, and is currently in this country on an H1-B visa.
What requirements do I need to comply with to qualify to sponsor this person to work with my company?
I have tried to look up information on the government website, but it is frustrating. Am I asking the wrong questions?
thanks for any information you can help me with.
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snathan
04-02 02:15 PM
I am not sure abt Senator Grassley and others but someone in your home could answer your curiosity about my balls. lol...Take your shot man
You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..
You might need to check yourself if you have balls...before someone else have done with your family...you are not sure only about Senator Grassley or about your balls also. If so, make sure you dont have neighbour. otherwise things would go ugly for you...Take your shot now..
funny
09-26 04:31 PM
all i can say is that your situation sounds like an illegal situation... if you are simply going to provide offer letter without actually having a job... but thats between you and your company and you may be perfectly legal and fine... check with a lawyer dude
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
Why do you think that my situation looks like and illegal one....I would really like to get an analysis from you/anyone on why this situation is illegal.
is it not ok to start a company on EAD?
is it not ok to start a company on your spouse name and work throug it?
Your explanations will be greatly appreciated.
more...
dummgelauft
07-01 11:11 AM
Do you really agree with multi-national managers(via L1A). This is the area wherein the interpretation is pretty loose. If you dissect EB1 data you would find that EB1C used bulk of it except for this year due to bad economy and tightening of screws. There should be some very clearly defined guidelines for EB1-C, somebody being an onsite coordinator or managing 5 people should not be eligible. This category should be reserved for those who are managing at least 100 people or control business in several millions. I agree that EB1 should be just for the exceptional.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
Exactly. There seems to be a mis-conception, which to a large extent has been fueled by some unethical companies, that being on L1A and having a gaggle of a few developers at client sites makes one "exceptional" and eligible for EB1.
If somebody feels they should qualify for EB-2 after X years of experience,well, reason it out with your employer and re-file. I went through this. Restarted the whole process..labor and the whole shebang...to file in EB2 just because I was unable to convince the HR manager at one of my previous employers. That is the reason my PD is Oct 2006 and not July 2003.
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Chris Rock
01-23 12:33 AM
Here is a post from Ron Gotcher's website which might be of interest to some of us trapped in EB3 I retrogression .
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?
I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?
Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.
Go figure!
http://www.immigration-information.com/forums/showthread.php?t=7065
He expects visa bulletin cut off for EB3 I to jump to 2004 in coming months. No reasoning behing this though..
There are only 35000 EB3 visas available. India quota is 2450. India is now in Oct 2001 and ROW is not current yet. How come India PD will move to 2004?
I have seen many such reports from Dec 2004. We all wait till the last quarter only to face disappointment. That happened last year. What is different in this year?
Also there are lots of Eb3_india gyus are waiting with PD being current. PD being current is not important. Getting GC is important.
Go figure!
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PD_Dec2002
06-28 04:09 PM
Once again. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.
Thanks,
Jayant
Thanks,
Jayant
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gk_2000
04-21 03:31 PM
And I thought I should give the forum website a visit in the afternoon during my tea break to see in what sort of disarray it in. Not surprised, I am not surprised. :(
It's all frustration... sometimes GC frustration, and sometimes sexual
It's all frustration... sometimes GC frustration, and sometimes sexual
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alterego
10-06 10:18 AM
Thanks everyone for writing to the editor
I got an e mail from customer service this morning stating they had forwarded my letter to upper management.
It(this issue) definitely got to their attention loud and clear, and hopefully it will have an impact of both sensitizing them to this separation in the future as well as prompting them to give our issue more coverage going forward. Perhaps I am being optimistic here, but one can only hope.
I got an e mail from customer service this morning stating they had forwarded my letter to upper management.
It(this issue) definitely got to their attention loud and clear, and hopefully it will have an impact of both sensitizing them to this separation in the future as well as prompting them to give our issue more coverage going forward. Perhaps I am being optimistic here, but one can only hope.
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pappu
01-22 11:07 AM
This Tracker facility we have in IV is good. Kudos to the Admin team who implemented this thing.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
We are going to clean up data further in the coming weeks. People who have missing fields may not be part of the tracker etc. The analysis will also be expanded to give more representation of the data from all angles. We are also working on some more features in the tracker that will make it really informative. At this time we are waiting for everyone to input their data or update their data and also get others who do not have a profile on IV to come here and input their data. Please help us in this task and bring everyone to IV tracker. Once we have more data that can help us represent a better % of the overall actual applications in USCIS data, the analysis will be much better. At a later stage we are thinking of bringing some statistics experts on board to create monthly analysis of the data and publish report for our members.
These are my observations. I could be grossly mistaken. Pardon me if I am wrong.
There are approximately 26,000 people who have put in their priority dates and other such data in the tracker. When I compared similar cases, I got some 265 who were EB3 India with a priority date in 2002. That is approximately 1 %, give or take.
Here I have ignored EB3 India 2001 guys. But that number would be very less I believe.
1% of 400k is 4000 which is what USCIS issues GC for EB3 India in a year.
Does that mean I could get my GC this year.
Hope these numbers are right.
We are going to clean up data further in the coming weeks. People who have missing fields may not be part of the tracker etc. The analysis will also be expanded to give more representation of the data from all angles. We are also working on some more features in the tracker that will make it really informative. At this time we are waiting for everyone to input their data or update their data and also get others who do not have a profile on IV to come here and input their data. Please help us in this task and bring everyone to IV tracker. Once we have more data that can help us represent a better % of the overall actual applications in USCIS data, the analysis will be much better. At a later stage we are thinking of bringing some statistics experts on board to create monthly analysis of the data and publish report for our members.
more...
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Macaca
06-16 07:46 PM
In its Response to the Ombudsman’s 2006 Annual Report recommendation (AR 2006 – 01), USCIS agreed in principle to provide a breakdown of all incomplete cases by the number of months pending and application type.
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive.
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing.
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty.
Given the constraints of existing legacy case management systems, USCIS would today need to perform a cumbersome, labor intensive, recurring manual audit of all pending files in order to compile the suggested data. Such audits would be cost prohibitive.
USCIS has opted not to use its limited financial resources to extract data from current systems and prefers to spend it on prospective systems that are years in the planning. For example, USCIS has not made corrections to the CLAIMS 3 system to capture data on applicants’ priority date information, country of nationality, and the preference category under which the application is filed that USCIS must review before the application is accepted for green card processing.
Failing to correct the system annually results in hundreds, if not thousands, of wasted hours by all levels of USCIS leadership in trying to account for an often asked question by Congress, the Ombudsman, stakeholders, and others: “Exactly how many employment-based green card applications does the agency have pending?” USCIS still cannot answer that question today with certainty.
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javadeveloper
12-31 03:34 PM
How Simple is the Test ..for the existence of God...Why GC you can do some easy tests too like
Throw a glass Jar from 10th Floor of builing to the hard ground and if Glass JAR does not break then God exists other wise not
You can apply for job and don't appear for interview and if you still get a job then god exists otherwise not
I know/agree that my initial post is silly.but how about the later post
Throw a glass Jar from 10th Floor of builing to the hard ground and if Glass JAR does not break then God exists other wise not
You can apply for job and don't appear for interview and if you still get a job then god exists otherwise not
I know/agree that my initial post is silly.but how about the later post
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garybanz
11-29 05:11 PM
No need to fill another form.
Thank you!
Thank you!
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dagabaaj
12-17 02:57 PM
we have professional lobbyists. and they cost the erath.
and that is why we need contributions. as long people "don't believe" we don't succeed. it's up to you, it's your issue as much as mine. professionals cost a lot of money, and this thread is quibbling over 20 and 50 bucks. anyway who is the knight on the white horse coming to rescue us? it's just us buddy, and we have to do our best. i like your analytical thinking. we need you to join in and help. any number of volunteers is less imho...
.....if ppl want to contribute lesser amounts all they need to do is find some like minded friends pooling their resources and making it into a big one time contribution. I have tried to convince some of guys I know over here but to no avail....less said the better...also tried using the charm of a good bottle of scotch to do the job...no good.....but we need to keep trying......bickering will not lead us anywhere....
and that is why we need contributions. as long people "don't believe" we don't succeed. it's up to you, it's your issue as much as mine. professionals cost a lot of money, and this thread is quibbling over 20 and 50 bucks. anyway who is the knight on the white horse coming to rescue us? it's just us buddy, and we have to do our best. i like your analytical thinking. we need you to join in and help. any number of volunteers is less imho...
.....if ppl want to contribute lesser amounts all they need to do is find some like minded friends pooling their resources and making it into a big one time contribution. I have tried to convince some of guys I know over here but to no avail....less said the better...also tried using the charm of a good bottle of scotch to do the job...no good.....but we need to keep trying......bickering will not lead us anywhere....
more...
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gps001
06-30 04:42 PM
1. Is this true, if
a) your AP is valid, OR
b) if your H1-B has a valid visa stamp and you didn't use your AP
ie, basically if you have other valid documents to enter the country back, is the application deemed abandoned?
2. Which "application" is deemed abandoned? Application for obtaining the AP or the I-485?
Thanks.
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
a) your AP is valid, OR
b) if your H1-B has a valid visa stamp and you didn't use your AP
ie, basically if you have other valid documents to enter the country back, is the application deemed abandoned?
2. Which "application" is deemed abandoned? Application for obtaining the AP or the I-485?
Thanks.
Gentlemen,
We have several sprinkled threads on AP Renewals so this is an effort to create a thread which can capture all AP Renewal Questions & Concerns.
To begin with, i have posted the following question in one of the other AP-threads but did not get much response. So lets beging with clarifying this issue - Gurus please give your 2 cents on this aspect.
Previoud Post begins here:
I just read this in the I-131 instructions, so if i hold a valid AP now and apply for renewal and go to India and enter back using the existing AP, does it mean my pending I-131 renewal will be abondoned? :eek:
http://www.uscis.gov/files/form/I-131instr.pdf (page 4)
If you travel before the advance parole document is issued, your application will be deemed abandoned if:
A) You depart from the United States; or
B) The person seeking advance parole attempts to enter the United States before a decision is made on the application.
Thanks.
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NWISE
05-27 04:28 PM
I agree with va_dude.
CIR will cater for a larger audience and as such it will most likely generate greater emotional response and debate. Also, given the current economic climate, "Employment Based" is not the most favorable buzz word for anyone on Capitol Hill.
We have to keep in mind that unemployment might still not improve until second quarter of next year and if the CIR is brought up this year, "Employment Based" bits in the bill are not going to get a lot of support.
In the end, the CIR may or may not even pass. So if we shoot for just one target and miss it, we lose our opportunity for this year.
If this "family bill" has been introduced which surely does not go all the way, but still indirectly goes a long, long way in alleviating the current EB problems, why not back it? This bill too may not go anywhere but the support it generates might help in the end so that some provisions might even get included in the CIR. Also, given that it is termed as a "family bill", it might generate less resistance and in the end we might have a better chance of seeing it through.
In the past both bills have been introduced and gone nowhere so it's better to try and shoot for both and hope that one hits or at least support for one has a favorable impact on the other.
I think fighting for little bites rather than for one big piece of pie might see us through or at least help bring relief to some, albeit slower than we would like but relief nonetheless.
I'm sure the IV Core knows more than I do and I just wish to point out that we should pick our fights wisely.
NWISE
CIR will cater for a larger audience and as such it will most likely generate greater emotional response and debate. Also, given the current economic climate, "Employment Based" is not the most favorable buzz word for anyone on Capitol Hill.
We have to keep in mind that unemployment might still not improve until second quarter of next year and if the CIR is brought up this year, "Employment Based" bits in the bill are not going to get a lot of support.
In the end, the CIR may or may not even pass. So if we shoot for just one target and miss it, we lose our opportunity for this year.
If this "family bill" has been introduced which surely does not go all the way, but still indirectly goes a long, long way in alleviating the current EB problems, why not back it? This bill too may not go anywhere but the support it generates might help in the end so that some provisions might even get included in the CIR. Also, given that it is termed as a "family bill", it might generate less resistance and in the end we might have a better chance of seeing it through.
In the past both bills have been introduced and gone nowhere so it's better to try and shoot for both and hope that one hits or at least support for one has a favorable impact on the other.
I think fighting for little bites rather than for one big piece of pie might see us through or at least help bring relief to some, albeit slower than we would like but relief nonetheless.
I'm sure the IV Core knows more than I do and I just wish to point out that we should pick our fights wisely.
NWISE
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GCBy3000
05-14 12:05 PM
I have seen lots of people posting more than 300+ in this forum and never contributed a dime. If you ask they shamelessly say it is not mandatory to contribute. Everyone knows it is not mandatory, but if you are not self centred and stingy, you will feel to contribute at least once if not recurring after spending months on IV forum.
I would request everyone to update their signature with the contribution. AGAIN IT IS A REQUEST and NOT AN ORDER.
Thanks a lot, YES. Apart from the media initiative, we need the funds to pay our lobbyist. We can make this happen. Today and tommorrow are big days. Please contribute especially if you have never contributed.
I would request everyone to update their signature with the contribution. AGAIN IT IS A REQUEST and NOT AN ORDER.
Thanks a lot, YES. Apart from the media initiative, we need the funds to pay our lobbyist. We can make this happen. Today and tommorrow are big days. Please contribute especially if you have never contributed.
r2i2009
05-01 07:10 PM
Folks...cannot wait...any options left....
Boring....india is better it looks....waiting for GC then Citizenship...is going to be a hell....inflation is high....
Anand
Boring....india is better it looks....waiting for GC then Citizenship...is going to be a hell....inflation is high....
Anand
pansworld
07-10 12:59 PM
12:09 Pm