morpheus
07-24 10:21 AM
I believe you are overlooking three very important facts.
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
1. The USCIS main priority at the moment is to reduce backlogs. Unfortunately retrogression works in their favor because it reduces the processing they have to do. Your proposal would increase the processing by forcing them to accept 485 filings and building up a backlog.
2. The USCIS administrator would not be allowed to make a decision like this without input from Congress. It's radically different from concurrent processing, which is a minor administrative change. With AC21, filing 485 without a visa number would allow people to change jobs etc, so it is in the realm of political decisions, not administrative.
3. The USCIS can't even manage to get premium I140 processing (planned since 2002), multi-year EAD's (overdue for years now) or issue regulations on AC21 (due since 2000). Even Congress can barely get them to act!
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pappu
12-26 08:37 AM
Good idea.it would help if members can also list such sites and forums on the thread so that everyone can go and post. I like the idea of 'Waiting for your Green Card ? Read this .. Free Immigration Consultation!!! (no strings)' as the headline. People get attracted to such headlines.
I did a quick google search for 'desi forums' and found several http://www.google.com/search?hl=en&q=desi+forums&btnG=Google+Search
I am sure there must be several for other nationalities and several local sites like http://kcdesi.com/ all over the web.
it will only require a contribution of 15 minutes of your time to help in this effort.
I did a quick google search for 'desi forums' and found several http://www.google.com/search?hl=en&q=desi+forums&btnG=Google+Search
I am sure there must be several for other nationalities and several local sites like http://kcdesi.com/ all over the web.
it will only require a contribution of 15 minutes of your time to help in this effort.
sdrblr
08-21 11:32 AM
I just want to add that "Ignorance of a law is not an excuse" and no court or USCIS will buy that argument.
2011 images Selena Gomez Justin
JunRN
09-10 08:25 PM
Hammond Law Group said it was postponed due to lack of quorum. Which one is true? ILW or Hammond Law?
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dummgelauft
05-27 12:35 PM
Hi All, This could happen in a border state. Look, there is no need to get hyped up about this. It is my 12 year of living in a border state ( the northern border). First lived 12 miles frin the border, now about 75 miles. We have never faced this problem, neither has any one of at-least a few dozen people that I know.
Maybe the CBP had some specific information about a vehicle carrying some person(s) of interest to the US government or CBP, or some vehicle carrying contraband.
Anyways, my point is, there is simple solution to this issue. Make clear (colored, if possible)) photocopies of your and your family's passport front page, Visa page and I-94 cards and keep those in each of your vehicle's glovebox. I am sure, these along with a Driver's License will be enough to convince all but the stupidest CBP officer.
For those, who have EAD, carry it with you That simple.
Maybe the CBP had some specific information about a vehicle carrying some person(s) of interest to the US government or CBP, or some vehicle carrying contraband.
Anyways, my point is, there is simple solution to this issue. Make clear (colored, if possible)) photocopies of your and your family's passport front page, Visa page and I-94 cards and keep those in each of your vehicle's glovebox. I am sure, these along with a Driver's License will be enough to convince all but the stupidest CBP officer.
For those, who have EAD, carry it with you That simple.
ComputeCompute
07-22 06:39 PM
Did Amendment 4319 not pass? So what happened?
:confused:
:confused:
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boreal
12-28 02:35 PM
I just got my I140 approved. Waiting for 485 visa number to become avaiable. Have an offer of a better paying job in a bigger company. Can I switch Company and still carry the PD from the LC/I140 of the previous employer?
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
If I can port the PD date then how much time am I losing in temrs of filing for new LC and I140?
Thanks for quick response. I need to let the new employer know of my decision.
Saeed:confused:
You can only carry the PD, provided that the current I140 is not revoked. (provided it is not cancelled either due to mis-representation). You would have to restart from scratch with the LC though. You would be losing the time that has already been spent on LC/140 obviously.
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andycool
07-15 11:02 AM
We got a call from USCIS person for verifying our address. She said our finger prints have been expired and will send new notices (which will reach us in about 3 weeks)
hmm.
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
hmm.
wow this interesting so they are looking at cases which are current for August ...:)...
did you change your address recently ??
When did you get The Call.
Thanks
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japan21
03-10 08:42 PM
To be able to use the AC21, should the I-140 be already approved for 180 days or more?
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imv116
04-02 03:13 PM
[quote=sweet_jungle]
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
What's wrong in getting trained as a fresher, and what's wrong in a consulting company trying to increase there business.
How is it different from companies like TCS, Wipro, Satyam, Polaris etc that do a lot of campus recruiting, provide intensive training and place the candidates on projects and eventually coming here.
To let you know, there are more then 200K masters students coming every year to USA to pursue advanced degrees.
-the116
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stucklabor
07-24 01:52 PM
The law 245 (c) clearly states that the status of the applicant may be adjusted to that of permanent resident only if the visa number is available.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
Nowhere does it state that the application for adjustment of status can be accepted only if visa number is available.
What part of "an immigrant visa is immediately available to him at the time his application is filed" do you not understand?
And my comments about "The law is the law" and "There is no room for interpretation" refers only to this situation. It is clear as lagoon water that an immigrant visa needs to be available to the applicant at the time that the application is filed. As I said, any attempt to convince USCIS otherwise is a waste of time.
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andy garcia
09-10 01:58 PM
This holds true for even your spouse not being eligible for in-state tuition. WHY???? Because you are a legal dependent(spouse/children) immigrant?
But the children/spouses of the illegal aliens are eligible for the same!!!!!
Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.
this is copied from the catalog of the school:
The following categories will be considered as Florida residents for tuition purposes:
Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
Full-time instructional and administrative personnel employed by a public educational institution and their dependents
Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
Others as permitted by state statute or rule
But the children/spouses of the illegal aliens are eligible for the same!!!!!
Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.
this is copied from the catalog of the school:
The following categories will be considered as Florida residents for tuition purposes:
Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
Full-time instructional and administrative personnel employed by a public educational institution and their dependents
Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
Others as permitted by state statute or rule
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jthomas
10-16 05:41 PM
I would think better than doing one day off from work let all the state chapters do a mela for diwali, distrubute flyers, educate american citizens about legal immigration, get contributions and then pass on to IV.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
Lets check which state chapter can get max contributions
Rather than a flower campaign, I'd rather have no EB legal immigrants at work day where every single legal immigrant and should not go to work.
If you have or want citizenship via EB Immigration, you don't go to work for one day, say Jan 02 2009. Then people will realize that we are important to them. A lot more than Gmail (http://tech.slashdot.org/article.pl?sid=08/10/16/194244) will be down.
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americandesi
12-20 04:30 PM
Your PD is Dec, 2004. Why you think you'll get RFE for not working during 2001?
Are you sure about this? Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
Are you sure about this? Refer the following thread
http://immigrationvoice.org/forum/showthread.php?t=6205
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WeldonSprings
08-27 11:16 AM
Anybody has numbers for No. of EB Visas processed for June ad July 08. Till May 08 total 113475 has been processed. So, total remaining would be 50000.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
Aug. 08 somewehere 6000 were processed.
I485 Receipt I485 Pending I485-processed FB I-485 EB I-485
Oct-07 237915 842231 50548 42500 8048
Nov-07 51773 845691 48313 42500 5813
Dec-07 35020 833141 47570 42500 5070
Jan-08 35771 813238 55674 42500 13174
Feb-08 38210 787516 63932 42500 21432
Mar-08 43548 762938 68126 42500 25626
Apr-08 50951 742597 71292 42500 28792
May-08 45357 739934 48020 42500 5520
* Data from USCIS months processing report
** Oct 07 Receipt number changed from 137915 to 237915 (just looked incorrect)
** FB is flat (730k-220k CP / 12 months)
We have 113475 EB I-485 processed until May 08 (in 8 months), if we take 80% acceptance rate the number of visa used will be 90780 and if we use 90% acceptance rate USCIS may have used 102127 visas.
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rennieallen
03-05 07:41 PM
My $0.02:
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
Add this option to the poll as well to get a realistic picture:
I will not buy a house tomorrow (even if I was promised a GC this evening) because we are in a recession and/or the real estate market is spiralling downwards.
Now is *exactly* the right time to buy a house (at least in California). The prices are not spiraling down (they've already hit bottom). The interest rates are low and prices are low.
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RNGC
09-20 07:49 PM
Whilst in general a name change does sound like a good idea, we have spent a lot of time and money making sure that Immigration Voice as an organization is known.
It makes no sense to through that away
I am in no way trying to argue....I understand that "ImmigrationVoice" is now known very well ....by changing it to "LegalImmigrationVoice" we are not doing a whole lot of change, just adding a "Legal" in front.....we should maintain the same logo, so our identity will not change!
Just imagine you have no idea what IV is, you just come across the word "ImmigrationVoice" - how does it sound to you ? For me it sounds like we are just a pro-immigration group......No way it sounds like a Legal Immigration group....
Here in US large companies change names...so its not too late......adding a word "Legal", "Highly skilled" etc will go a long way for our future generations......
Just my $0.02
It makes no sense to through that away
I am in no way trying to argue....I understand that "ImmigrationVoice" is now known very well ....by changing it to "LegalImmigrationVoice" we are not doing a whole lot of change, just adding a "Legal" in front.....we should maintain the same logo, so our identity will not change!
Just imagine you have no idea what IV is, you just come across the word "ImmigrationVoice" - how does it sound to you ? For me it sounds like we are just a pro-immigration group......No way it sounds like a Legal Immigration group....
Here in US large companies change names...so its not too late......adding a word "Legal", "Highly skilled" etc will go a long way for our future generations......
Just my $0.02
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alisa
01-21 02:13 AM
Anyone??
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
This is all for EB-3.
I think this is the best case scenario.
Pardon my ignorance, but I am assuming that EB-2 eats up from EB-3's numbers, and so EB-2 wait times will be better than what is estimated here for EB-3, at the expense of the EB-3 waiting times ofcourse.
For India:
Depletion_rate = 10500/year
Accumulation_rate = 19500/year
For ROW:
Depletion_rate = 25000/year (Kinda curves-fits to retire all 2001 backlog by 2006, and 2002 backlog by 2008)
Accumulation_rate = 19500/year (Estimated to be the same as that of India)
All numbers rounded off. No
For 2001: Year_current = 2001 + (123194/Depletion_rate)
For 2002: Year_current = 2002 + (160274/Depletion_rate)
For 2003 and later
Year_current = Year_applied + ( (Year_applied-2002)*(Accumulation_rate-Depletion_rate) + 160274) / Depletion_rate
Here are the results. YA is year applied. YC is Year your PD will be current.
No processing delay assumed.
...........India.. ROW
D_rate 10000 25000
A_rate 19500 19500
YA YC YC
2001 2013 2006
2002 2018 2008
2003 2020 2009
2004 2022 2010
2005 2024 2011
2006 2026 2012
2007 2028 2012
2008 2030 2013
2009 2032 2014
2010 2034 2015
I am open to suggestions on how this model can be improved.
If this model, and these estimates are reasonably accurate, lets come out with our own visa bulletin.
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srmeka
07-12 09:04 PM
Yup in the same boat :D, hopefully we will cross the gate this time
I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.
I am also in the same boat. Current after 2 years. My buddies with similar PD got lucky in 2008. Will have to wait till August to test mine. Congrats to all those got current and good luck to all those waiting. Hopefully dates will move forward in some reasonable order from now on. Thanks.
deepimpact
09-11 01:39 PM
And one thing that has not got enough press here is , how the EB3-ROW has got significant overflow in the last two months though EB2- I/C are no where near current. Per common understanding , they should not get a single overflow till EB2 is current .
Street Justice ??
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
Street Justice ??
EB3-ROW Pending per Aug 2009 I-485 Inventory ~ 63K
The EB3-ROW Demand for October 2010 ~ 45K.
So actually backlog reduction for EB3 ROW has just been 18 K (much less than the 30K they should get). I don't see where you are seeing the overflow.
The total Pending in Aug 2009 was
EB2 ALL- 75K. EB3 all -151K . So total ~ 225K
The demand data today is EB2 = 34K(this is only I/C, no ROW demand)
Demand for EB3 = 136K.
So even though reduction in backlog is significant (225K- 170K =55K). It is not going to all categories evenly.
And unless USCIS comes up with a smarter way to determine demand data other than counting pending I-485, once this demand goes to zero they will have to advance EB2 I/C dates. Now they can be smart and advance it by 6 months to not open up floodgates and test the post 2007 demand, or just follow the rule blindly that supply > demand and the category is current. Either way, the law prevents any spillover from a category unless it is current and EB2 I/C is not getting current in 2-3 years.
I also want to believe like you that the hidden demand post 2007 for EB2I/C + EB3 ROW is as low as possible. And we won't know about the exact number till USCIS does a better job of reporting approved I-140 by country.
gautamagg
04-23 04:46 PM
I came with 4 other people and NONE are IV members and nor did we approach any - infact the white shirt dude was surprised to know we were not part of IV and offended. As I said passive movements dont make a difference.
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.
technically you are an IV member because you have an ID, that you created on your own. You probably went to the meeting with the IV crowd then branched out..good for you. Wonder why the Stanfords and Harvards are dying to admit you:D
Obviously you seem to be in a very unique situation, and you are taking steps to solve your issues in your own way, nothing wrong with that. good luck, to each his own.