greencard_fever
07-20 11:14 PM
I'm having less and less faith in the claims made by members that USCIS is inefficient and clueless. ok, they have been and continue to be in many areas:):). However, they have a game plan this time. In retrospect, we know they had a game plan in June 07 also.
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
There are several unknown variables (repeatedly and extensively discussed here)which make accurate prediction impossible for us. However, USCIS has the numbers of RIPE CASES. And they moved the dates based on the availability of remaining GC numbers for this fiscal AND the ripe cases.
They could have moved it to just Dec 2005, instead they moved it all the way to June 2006.
Best\ optimistic scenario- Most EB-2-I cases upto June 2006 will be adjudicated before Oct 1st.
Conservative scenario-Upto at least Dec 2005 PD all cases will be adjudicated , and a few CP cases into early 2006 will be adjudicated. With spillovers happening in each quarter, the PD should continue to move.
Hello Gurus,
I have red in many places that there is some cases which are "Low hanging fruits" or "Ripe cases" when they say this what exactly this means? my understand is that for USCIS every case which has all proper supporting documents then they will adjudicate that case no matter what if VISA number available, can some one help in understanding what is "Low hanging fruits" or "Ripe cases" :confused::confused:
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nousername
01-30 01:11 PM
Sorry to hear about your situation... I seriously hope and pray that your RFE is for a small issue like birth certificate or marriage document..
Good luck and keep us posted on the matter.
God Bless.
Good luck and keep us posted on the matter.
God Bless.
GCOP
07-11 01:26 PM
Thanks. Any input in this tough time is really appreciated. All I am trying to get is , any clue , any information to see the light at the end of this Long Dark Tunnel of EB-3.
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
The OFFICIAL answer to you question Is there any chance for similar movement for EB3 ??can only be available in the Oct Visa bulletin under EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY section....
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greencard_fever
03-15 06:13 PM
what i am saying is how and why is it that inspite of the PD having been current as I detailed in my original post for so long during 2000-2005 for EB 2 India, why are there applicants from way back in 2002 and 2003 still waiting?
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
like Name check delays and Backlog elimation of LC was done in last 2007 which might possible that quite a bit of LC with PD 2002 - 2004 was got approved and were not able to file 485 because EB2 was "U" after August-2007
Honestly, I thought they should have been already processed and gotten their Green cards by now.
All I am trying to figure out is how many applicants from 2004-2005 are still in the proverbial 'PIPELINE' waiting. Unless they are done, the PD is not gonna move.
If we can have it move conclusively to 2005-2006 regions relatively quickly, most problems are solved.
BTW, what are the chances that the PD may become "Current" again for EB2/EB3 India over the next 40 months?
Thanks
like Name check delays and Backlog elimation of LC was done in last 2007 which might possible that quite a bit of LC with PD 2002 - 2004 was got approved and were not able to file 485 because EB2 was "U" after August-2007
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bheemi
07-02 09:51 AM
mr/mrs himu73..
use your language properly..
use your language properly..
desi3933
01-31 05:51 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
desi3933
02-11 12:03 PM
The visa numbers reported as used for FY 2009 is 141,020 from http://www.travel.state.gov/pdf/FY09...ort_TableV.pdf
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
This was the response i got from Ron Gotcher.
"The employment based category is entitled to use the "unused" family based numbers from the previous year. Last year, the quota for EB was the base of 140,000, plus another 13,000 shifted over from FB. Unfortunately, the CIS failed once again to approve enough cases to use up the entire available quota."
If this is true, we have lost a lot of visas last year.
Now with aprox. 10,000 visas shifted from FB, we should hope they use about 150,000 (140,000 + 10,000) this year.
Is there a way to confirm this? We got to do something to resolve this problem
As per this link
http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf
Page 6, the total number of family based visas (that are subject to numerical limitations) is 226,105. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. So, family based visa numbers were fully used.
So where is 13,000 unused family numbers for FY2008 that should have been available for employment based visa numbers for FY2009?
__________________
Not a legal advice.
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sunty
11-11 12:33 PM
In addition to sending the letter, we may try this avenue as well (look at the page bottom)
How to Contact Us (http://travel.state.gov/about/info/info_308.html)
"For immigrant visa inquiries, call the National Visa Center at 603-334-0700 or
email: NVCINQUIRY@state.gov"
Any idea if these is the correct number to call ?
Maybe inundating them with calls might help us reach Mr. Charles Oppenheim office and get some explaination about the visa allocation process.
I tried calling, but today is a Federal Holiday. Will try again tomorrow.
How to Contact Us (http://travel.state.gov/about/info/info_308.html)
"For immigrant visa inquiries, call the National Visa Center at 603-334-0700 or
email: NVCINQUIRY@state.gov"
Any idea if these is the correct number to call ?
Maybe inundating them with calls might help us reach Mr. Charles Oppenheim office and get some explaination about the visa allocation process.
I tried calling, but today is a Federal Holiday. Will try again tomorrow.
more...
anilsal
12-11 04:04 PM
USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
INA should be changed which should be done through a legislative process, not through any rule making.
I think the act says that the alien should have filed an application, only after which does the question of available visa comes into picture.
http://www.americanlaw.com/aos.html
I think this act is not the applicable one.
So I think we are still green to discuss this. Do you interpret the same?
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maddipati1
01-30 01:39 PM
What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.
When did you file ur 485, i mean exact date? If you filed very early during July'07 fiasco, probably they started pre-adjudication process based on the receipt date.
more...
pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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Indirant
03-07 08:45 PM
Varsha,
I have not heard any reply. waiting for repsonse to Ajay's request.
Thanks
Sekar
I have not heard any reply. waiting for repsonse to Ajay's request.
Thanks
Sekar
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vamseedhard
06-03 12:17 AM
I stayed in US for full 5 years on L1-B visa and left US on 6-Jan-07
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
2) Is it OK to go for VISA staming before 6-Jan-08?
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
This year I applied for H1-B and my application got selected in lottery
Need your help in clearing my below doubts..
1) I need to maintain 1 year gap between the day I left US ( 6-Jan-07 ) and the day I'm going to enter US so that I can stay in US for another 6 years on H1-B. Is my understanding correct?
2) Is it OK to go for VISA staming before 6-Jan-08?
3) Do I need to consider any other facts than 1 year gap so that I can stay in US for another 6 years?
more...
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gc_lover
07-18 08:00 AM
Hi Guys,
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
Please post any July 2nd cases on this thread so that we all know if there really are any rejections. All I heard in the past few days was "A friend of mine got rejected on 2nd... My friend's friend got his rejected..Somebody got rejected..."
I didn't see a single post from anyone who got their OWN 485 REJECTED when they filed on July 2nd.
So please post your information as to when your app is received at USCIS.
Mine reached USCIS on July 2, 2007 @ 10AM via FEDEX.
Thanks.
Mine reached on July 2nd 9:01 AM. I don't think they must have rejected any application. I think, if someone is saying "rejected" means USCIS refused to accept the fedex, in which case package should be returned back to lawyers in 3/4 days.
If your package was accepeted by USCIS then it would be on hold and based on yesterday's news, now it should be ready for processing. I am checking this with couple of lawyers and I will update this thread with anything I find out.
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gk_2000
08-10 08:56 PM
so what you are basically asking is give gc to everybody who wants. country quota is meaningless (we know that!). qualifications are worthless. nobel prize or manual laborer (all are humans!). illegals also should be given gc without any reservations!
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
so when we start a campaign try to be reasonable. don't just 'focus' on our 'wishes'. think creatively how to solve the problem we are all facing, by understanding the basics of the whole process.
If you are trying to open philosophical topic I suggest we do it in a separate thread, because that debate will be a very long one.
BTW do you know the deal with the bees? Bees are just insects, right? But did you know that you are living here on this earth because of them? If the country is filled with geniuses then what is the worth of genius? Therefore dont compare humans in this way
For the record, illegals do end up with green cards. One should have faith, like they do
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newuser
05-06 03:28 PM
I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant. Processing time will be around 15 months and that they have got their answer on priority date.
what are the next steps?
15 MONTHS.....:mad:
what are the next steps?
15 MONTHS.....:mad:
pv2715
03-16 01:56 PM
It is the system which needs to be modified. I think the priority date should be decided based on one's first port of entry date. That will help eb-2 candidates a lot as most of us loose a minimum of 3 years(2 years in grad school and 1 on OPT).
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