mpadapa
06-12 12:46 PM
Most of the folks are missing the point about the prior years approval numbers. All the approvals from 2004 - 2008 are padded with huge visa number from FB spillover and the recapture provision of AC21. From this year onwards we have to live with the usual ~3K per country per category limit. This is the reason why Charles Oppenheim is predicting decade long wait for EB2 I/C and all EB3's. We continue to beat down Oppenheim claim with our own numbers, but he knows more about visa numbers than any one of us.
Let us dream about recapture being a panacea to the problem. There is only limited amount of visa's to be recaptured (~180K) even with that not all categories can become current. Also during that last recapture debates there where lots of suggestions to stagger the usage of recaptured visa over a long time frame like 5 yrs. Even with recapture, the date movement will not be rapid, but it will be remarkably better than what it is now.
As per replies to senator from USCIS
EB2 india has 50k and Eb3 india has 70k apps. See last 10 years with horizontal or vertical fall none get more than 15k in a given year.
If they do get same spill over then Eb2 india needs 3 years and Eb3 india needs 4 years after Eb2 get clear. OR USCIS stop receiving app from any one for next 1 and half year and then start accepting agian. ( Which is not possible as per law ).
So bottom line is
Either Recapture or removing counrty cap will end current backlog , both will end current as well future backlog and none will make situation worse if more demand from ROW.
Let us dream about recapture being a panacea to the problem. There is only limited amount of visa's to be recaptured (~180K) even with that not all categories can become current. Also during that last recapture debates there where lots of suggestions to stagger the usage of recaptured visa over a long time frame like 5 yrs. Even with recapture, the date movement will not be rapid, but it will be remarkably better than what it is now.
As per replies to senator from USCIS
EB2 india has 50k and Eb3 india has 70k apps. See last 10 years with horizontal or vertical fall none get more than 15k in a given year.
If they do get same spill over then Eb2 india needs 3 years and Eb3 india needs 4 years after Eb2 get clear. OR USCIS stop receiving app from any one for next 1 and half year and then start accepting agian. ( Which is not possible as per law ).
So bottom line is
Either Recapture or removing counrty cap will end current backlog , both will end current as well future backlog and none will make situation worse if more demand from ROW.
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cram
08-22 10:14 PM
Anybody???
gcseeker2002
12-06 12:46 PM
e-mail won't do it. Put it in writing or wait until 90 days passes from the receipt date
This is like the banana joke in an old tamil movie, it is over 157 days and the USCIS now wants to go by processing times which mention july 3rd processing date, which is still late, but then they will say it is just one day over your receipt date.
This is like the banana joke in an old tamil movie, it is over 157 days and the USCIS now wants to go by processing times which mention july 3rd processing date, which is still late, but then they will say it is just one day over your receipt date.
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sledge_hammer
04-15 10:32 AM
What a jerk your desi employer is. It makes me so angry that these scumbags are getting away doing these things.
First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.
Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
First things first - deliver the baby. Take some of the suggestions given here by other members regarding insurance.
Once all this is done sue the hell out of your desi employer. There really isn't anything (I guess) you can do about your client. But you can definitely take your desi employer to court for terminating your employment. These guys deserve to pay a hefty fine and lose their business license!
Yesterday, I was told by the client that my project is going to end by this month end i.e Apr 30. Actually it was supposed to go for the next 2 years. I am currently in the project working for the project. They said the lay off was becoz of budget issues. But I see I am the only one that is target in this lay-off. I am working with the same client for the past 3 years. The lay off news was really shocking and devastating.
I am currently 9 months pregnant. As the client did that to me, I thought that atleast I might have some options with my current employer. My employer is a desi consultancy. I never been on Bench for single day for the Past 6 years ( Day 1 that I entered into US to till now).
When I spoke to my employer today he gave me a termination letter stating that my project end date will be my last date with them. It was more shocking. I will be on maternity leave anytime in month of may depending on the delivery. I don't see any possible options that any client can take me into project when I am in 9th month of pregnancy.
As my husband is doing consulting, I filed the green card thru this employer, 485 is pending more than 180 days, 140 approved in EB2 category. We paid all the attorney fees and filing fees from our pocket. We spent nearly $10,000 for the GC process. My husband was on bench for the past 2 months. He got a job on EAD which is going to start next week.
1. I see that my employer is terminating me immediately because he can avoid maternity expenses. I told him that I will take 3 months FMLA for unpaid maternity leave from Apr 30th. And look for the Job immediately after delivery and get into the Job. But still he is telling he won't provide me that time. Maintaining the status is very important for me as me and my husband depends on the EAD.
2.My medical insurance is with my employer, If I get laid off in this critical situation, I won't be having insurance. We can't afford the delivery expenses without insurance.
3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages.
4. And also not sure that the insurance will be under the network of OBG/YN and the hospital I registered for delivery. His job is in different state but he will find out the options once he starts his job next week.
5. Does anyone think that my employer is discriminating the law? He is terminating me immediately becoz I am pregnant.
I am not sure whether he is doing the right thing but the situation I am in is the worst situation I ever expected of. Its lot of stress on me and my baby. We are unable to sleep for hour with all the tensions ahead. My husband's job is dependent on my valid status. If something screw up we both be in very bad situation. I really don't want any one in my situation.
Please help me, if any one know any options where I can maintain my status during the pregnancy and maternity leave, Please tell me.
more...
gg_ny
03-17 02:48 PM
I have listened to a couple of speaches by Bernake in NPR. Basically that guy is completely in the blank on how to handle the economy. He simply says, we are in this mess, because the lenders were very lenient. Fed measures such as interest rate cut and pumping money into the banking system is causing the dollar to fall thus further weakening the economy.
Let alone threatening him on buying homes and cure the economic woes in a jiffy, with this kind of intelligent appraisal of the much-respected Fed chief, someone from IV should also volunteer to replace him as Fed Chief if he feels the heat. Still if he does not oblige, then we should stop filling gas (thereby worsening the crisis).
I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
Let alone threatening him on buying homes and cure the economic woes in a jiffy, with this kind of intelligent appraisal of the much-respected Fed chief, someone from IV should also volunteer to replace him as Fed Chief if he feels the heat. Still if he does not oblige, then we should stop filling gas (thereby worsening the crisis).
I say, we all write to Bernake that some 10, 000 immigrants will buy homes if we all get a GC. 10, 000 may or may not buy a home, but let us just polish the numbers a little bit. 10,000 * 300,000 (average home price) = 1 million billion dollars . Actually the total figure is 3 billion $$; enough to give a massive jolt to the sagging economy. I think we should also write to Wall Street journal and all major news paper organizations about this.
In America, people gets recognized when they offers a solution for a problem faced by the country. Whiners are (who write to Bush or Senators) do not get noticed nor are respected.
bharol
08-18 11:49 PM
Purgan,
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
I respect your green dots which tells you are responsible IVean, however my suggestion is not to post NumbersUSA links.
Why give them free publicity on IV resources.
Just ignore them.
Many friends and foes read IV forums so just keep this for our discussions only.
more...
sxv7392
07-11 09:50 AM
Called USINPAC (General Inquiry 202-628-3451) talked to one Amit Patel. told him our efforts with regard to the flower campaign.
Robinder Schadeva who claims to be the coordinated of this campaign is in India right now and the guy I talked to does not have any clue about the flower campaign..............................
Robinder Schadeva who claims to be the coordinated of this campaign is in India right now and the guy I talked to does not have any clue about the flower campaign..............................
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gunabcd
06-28 03:57 PM
This is not good. My PERM labor is stuck in Atlanta, I was hoping to apply I-140 pp since my 6th year H1 is expiring Dec, 07. If I can get my I-140 approved then I'll have to leave.
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
1. If your labor was filed in Nov 06 or earlier then you can file for 7th year extension (based on rule that labor pending for more than 365 days)
2. I'm not 100% sure but i think when your labor is approved if PDs are current, you can file i-140, 485, EAD together and get EAD by before your visa expires and you would be fine.
3. Labor substitution will not be allowed after July 17th, and there are a lot approved labors whose beneficiaries have left the company. Employers are willing to use these labors for whatever they get (excuse me!). If you really want to stay in US, find an approved labor with PD older than Nov 06 and then file I140/485/EAD, if you don't get EAD by Dec 07 then file 7th year ext based on the GC pending more than 365 days. Hurry up for labor..
more...
sangmami
07-19 04:41 PM
eb2 ,reached uscis on july 2nd at 9.01am by fedex
thanks
thanks
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ashwin_27
04-20 11:56 PM
those who were at the advocacy day saw the amount of behind the scenes efforts IV core and coalition partners are putting in. We are lucky to have folks who have a deep understanding of the politics in DC as well as public policy. So I am sure that from a lobbying and advocacy viewpoint with lawmakers in DC...the best is being done.
It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
It is up to our members to meet with local lawmaker offices and push our/IV provisions so that the DC offices get pushed from the local offices as well and there is a more well rounded awareness/understanding of what we need.
It is not a question of whether lawmakers know what we need..it is a question of making enough noise and frequent noise so that our provisions are constantly on their mind.
Reading the article that a member posted a link for the other day...where there was mention of how thousands of FAIR and NumbersUSA members clogged DC lawmaker office phone lines against CIR when it was brought up in 2007, shows the reality of the situation and on the other hand how naive our EB community is.
I don't know if IV is already doing it...but we need to meet all these lawmakers who are considering immigration reform....get the details of the bills they are proposing....see what the common benefits are...and help them to converge toward a unified bill that will help all.
A difficult task ....but it needs to be done if we have to have any hope in passing some meaningful legislation.
more...
gcseeker2002
12-19 01:45 PM
You will also see "Approval notice sent". It means the card is on the way to your mailbox.
I feel for all of you whose EAD is not yet receive. When my EAD was pending for more than 90 days, I wrote an email to the Ombudsman. I don't know if it helped or not. I just got RFE notice 4 days after sending the email. After replying to the RFE (photos), I got my EAD with no problems.
When does the "Approval notice sent" status appear, it is about 7 days since I got the production ordered.
I feel for all of you whose EAD is not yet receive. When my EAD was pending for more than 90 days, I wrote an email to the Ombudsman. I don't know if it helped or not. I just got RFE notice 4 days after sending the email. After replying to the RFE (photos), I got my EAD with no problems.
When does the "Approval notice sent" status appear, it is about 7 days since I got the production ordered.
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amitjoey
11-08 04:32 PM
Hindus could be anywhere in the world, not just India. Being a Hindu does not automatically mean you are an Indian. You could be a citizen of any country. So it does not establish the notion that it is an India centric website.
Just like all Muslims are not from Saudi Arabia. They are in 100's of different countres and citizens of diverse nations from UK and Malaysia to Australia and Germany. Christians could be from Europe, Australia and India or the African continent or China and other parts of Asia. I personally know Hindus that are from Fiji, Trinidad, Singapore, Malaysia, Sweden, UK, Canada and they are not Indian citizens.
Moreover, Diwali is for everybody, Just like X'MAS is. You can be an American and be a Hindu. So There is no question of IV getting targetted as India-centric or Indian issues-specific website.
Just like all Muslims are not from Saudi Arabia. They are in 100's of different countres and citizens of diverse nations from UK and Malaysia to Australia and Germany. Christians could be from Europe, Australia and India or the African continent or China and other parts of Asia. I personally know Hindus that are from Fiji, Trinidad, Singapore, Malaysia, Sweden, UK, Canada and they are not Indian citizens.
Moreover, Diwali is for everybody, Just like X'MAS is. You can be an American and be a Hindu. So There is no question of IV getting targetted as India-centric or Indian issues-specific website.
more...
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sayantan76
04-07 09:32 AM
If I could hire IV by paying some money and then forget about it, i would do that. However, as far as I know, IV core is composed of regular folks who are also on visas and therefore can only work during their spare time/vaccation time. I know every one of us is impatient with this EB process, but the reality is our movment is not big/strong enough. Most of us once we get hold of the Green card (is it really green color??) completely forget that we were once part of an everlasting que with so many desperate people.
This is the main difference between EB community and the ilegals. Ilegals are united by a lot of factors and even their legal relatives dont think twice before struggling/fighting for them. How many of our dear Indian/chinese friends (who are citizens of this nation) will stand up for us??? Even though many came here and strugled to obtain the EB green card, now we are alien to them!!!
Consider the ilegal people:-
theoratically, they are not supposed to have any voice in this nation simply because they are ilegals and hiding from the law. How come then that they are able to have such a huge protest march?? because most of the people who protested for them and stand up for them are legals
We will be 100 times more successful if the major indian associations/chinese associations or other country associations raise the voice for us. They should "BECOME HUMAN BEINGS ONCE AGAIN" and feel for us. We should remind them once again of the strange and long path many of them went through to get the GC.
HOW COME THEY IGNORE US???? IF THEY IGNORE US, WHO WILL CONSIDER US???
IV??? my friends IV core member is a person of leadership quality for sure, but he/she is just in the same unstable boat as me and you.
WE DESPERATELY NEED FOLKS IN THE MAIN LAND TO REACH OUT TO US.
you have answered your own question.......the way the demographics are today - there are many families which are part legal and part illegal in terms of their immigration status - the motivation there is to bring close relatives (and even immediate family members) over to the legal side.......
in case of EB - typically (barring some technical exceptions) the immediate family gets the GC at the same time - so the immediate family situation is not critical. If these people want to bring in their families - then thats FB immigration and not EB.
Besides, FB immigration and to a large extent "illegal to legal" (whenever that happens) is a template driven process (if you meeting certain basic guidelines and do not have any criminal background etc - you are in - it is not upto the discretion of an immigration officer to reject a citizen's wife or father or mother on a case by case basis) - whereas EB is a fairly case by case evaluation process........hence its simpler to coin a message that resonates with the vast majority of the interested population on the non-EB side vs on the EB side (whats good for Indians may not be good for RoW and whats good for EB2 may not be good for EB3, direct employees vs consultants, 3 year degrees vs 4 year degrees, foreign degrees vs US degreess, STEM vs non STEM etc)........
You tend to think like a group and root for the group when you suffer as a group........as much as many people on this forum would like to highlight otherwise - i think every EB story is different, every situation is different, even the extent of suffering and inconvenience is different and hence there is no "group feeling" - we are not a "herd" and hence do not act like an "herd".......
To be brutally honest, I have had my GC for two years now, have not really had to wait for a long time either nor is the IV agenda really relevant for me (IV does not really focus on EB1) - i continue to visit the site to keep myself updated because I am concerned (as a well wisher not as an activist) and would like my friends to get their GCs asap! But, among the 100 other "human being like activies" that keep me busy (keeping my job, paying my bills, cleaning the house on weekends, not gaining any more weight with middle age approaching etc.) - do i have time to actually do something (beyond the faxes etc that we sometimes send to senators) - NOT REALLY.
If you poll most people with GCs and new Citizens who came through the EB route - i have a feeling that a large number would give the above answer in their truthful moments.
This is the main difference between EB community and the ilegals. Ilegals are united by a lot of factors and even their legal relatives dont think twice before struggling/fighting for them. How many of our dear Indian/chinese friends (who are citizens of this nation) will stand up for us??? Even though many came here and strugled to obtain the EB green card, now we are alien to them!!!
Consider the ilegal people:-
theoratically, they are not supposed to have any voice in this nation simply because they are ilegals and hiding from the law. How come then that they are able to have such a huge protest march?? because most of the people who protested for them and stand up for them are legals
We will be 100 times more successful if the major indian associations/chinese associations or other country associations raise the voice for us. They should "BECOME HUMAN BEINGS ONCE AGAIN" and feel for us. We should remind them once again of the strange and long path many of them went through to get the GC.
HOW COME THEY IGNORE US???? IF THEY IGNORE US, WHO WILL CONSIDER US???
IV??? my friends IV core member is a person of leadership quality for sure, but he/she is just in the same unstable boat as me and you.
WE DESPERATELY NEED FOLKS IN THE MAIN LAND TO REACH OUT TO US.
you have answered your own question.......the way the demographics are today - there are many families which are part legal and part illegal in terms of their immigration status - the motivation there is to bring close relatives (and even immediate family members) over to the legal side.......
in case of EB - typically (barring some technical exceptions) the immediate family gets the GC at the same time - so the immediate family situation is not critical. If these people want to bring in their families - then thats FB immigration and not EB.
Besides, FB immigration and to a large extent "illegal to legal" (whenever that happens) is a template driven process (if you meeting certain basic guidelines and do not have any criminal background etc - you are in - it is not upto the discretion of an immigration officer to reject a citizen's wife or father or mother on a case by case basis) - whereas EB is a fairly case by case evaluation process........hence its simpler to coin a message that resonates with the vast majority of the interested population on the non-EB side vs on the EB side (whats good for Indians may not be good for RoW and whats good for EB2 may not be good for EB3, direct employees vs consultants, 3 year degrees vs 4 year degrees, foreign degrees vs US degreess, STEM vs non STEM etc)........
You tend to think like a group and root for the group when you suffer as a group........as much as many people on this forum would like to highlight otherwise - i think every EB story is different, every situation is different, even the extent of suffering and inconvenience is different and hence there is no "group feeling" - we are not a "herd" and hence do not act like an "herd".......
To be brutally honest, I have had my GC for two years now, have not really had to wait for a long time either nor is the IV agenda really relevant for me (IV does not really focus on EB1) - i continue to visit the site to keep myself updated because I am concerned (as a well wisher not as an activist) and would like my friends to get their GCs asap! But, among the 100 other "human being like activies" that keep me busy (keeping my job, paying my bills, cleaning the house on weekends, not gaining any more weight with middle age approaching etc.) - do i have time to actually do something (beyond the faxes etc that we sometimes send to senators) - NOT REALLY.
If you poll most people with GCs and new Citizens who came through the EB route - i have a feeling that a large number would give the above answer in their truthful moments.
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bugsbunny
04-21 02:20 PM
also if one spouse's parents are here...its not easy to move back purely for the other spouse's parents
more...
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va_dude
02-23 09:21 AM
The way i see it, they've asked for past emp letter with tax forms and some w2s.
None of those would indicate that you were on the bench.
The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
None of those would indicate that you were on the bench.
The emp letter should basically just indicate your dates for employment - start/end date, designation, duties and perhaps salary. that's all.
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getgreened2010
09-27 10:38 AM
We applied at TSC (e-filed) 2 weeks earlier than your and got a decision last week. So you probably could get a decision soon in about 2 weeks.
Thanks for the reply.
I have another question: Were you applying AP for the first time or renewal ?
Thanks for the reply.
I have another question: Were you applying AP for the first time or renewal ?
more...
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Legal
06-12 02:00 PM
This is my thought process (also referred by Ron G):
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
"Law is an ass".
One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.
With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.
Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.
Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)
For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.
I feel like I just wrote a short story.:)
Members, feel free to comment.
July 2007 brought in approximately 500K 485 cases.
We do not know how many cases were pending as of June 2007.
Fiscal year 2007-2008 USCIS used over 140K EB VISA numbers (I think it was around 155K).
Fiscal year 2008-2009 USCIS will use atleast 140K EB VISA numbers
so, 500K - 300K = 200K.
Assuming USICS approval rate is 85%; 75K of 500K are denied.
200K - 75K = 125K EB cases pending from the July 2007 cases.
Additions: from all current categories - may be 25 K in 2 years?
So, 150 K plus whatever that was pending as of June 2007.
So next fiscal year, 2009 if USCIS uses the quota 140 K, most or all of the 2007 filings will be cleared. If not EB3 I, definitely EB2 I and C, EB3 ROW will be cleared.
Depending on new filings, EB3 I might retrogress but retrogression might come within 3-4 years instead of current 8 years.
I strongly believe, beginning Jan 2010, dates for EB2 (I and C) will move forward heaps and bounds followed by EB3 ROW.
"Law is an ass".
One potential loophole (I realize it could be wishful thinking on our part) is how the current law is interpreted. Let's say USCIS interprets the current law in such way that preadjudcated cases have to be approved before taking in new cases, then the country cap hurdle could be overcome without legislation.
With the current economic situation, tightening of PERM, etc new EB-2 row applications are likely to slow down further. At the most, new approvals will have to be delayed by 12 months or less.
Could it be legally challenged? Could someone bring a lawsuit to force USCIS to stop issuing GCs to people who have been waiting 10+ yrs or more? possible. I doubt anyone can force them to cancel the already issued GCs.
Then USCIS could say they have enough preadjudicated cases, and are not able to adjudicate until they clear the backlog.;)
For the politicians and USCIS this is a much better way to handle India EB backlog than to "issue several hudred thousands of foreign laborers immigrant visas when American citizens are losing jobs in millions" through recapture bill.
I feel like I just wrote a short story.:)
Members, feel free to comment.
girlfriend and had my two rad oys.
genscn
06-25 09:38 AM
I have a same question regarding travel on existing AP when AP renewal is pending. According to the statement on the form, we can't travel.
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.
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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saimrathi
07-19 02:19 PM
EB 2 LC Certified June 2007
Mar 2005 PD
Reached NSC on 7/2/07 at 7.33am
Filed I-140 & 485 concurrently
Checks not cashed yet.
Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline
Mar 2005 PD
Reached NSC on 7/2/07 at 7.33am
Filed I-140 & 485 concurrently
Checks not cashed yet.
Let us poll here only for Nebraska Service Center 02-July filers and find stats to estimate the timeline
lost_in_migration
05-14 08:21 PM
Thanks a lot folks. Please do update your signatures so as to inspire others for contribution
Contributed $200. I prefer one time against monthly simply coz I forget monthly bills.
Contributed $120 to date. Cheers!!
Contributed $200. I prefer one time against monthly simply coz I forget monthly bills.
Contributed $120 to date. Cheers!!
gvenkat
09-05 01:55 PM
Recently I returned after a one month trip to India. At DC airport the CBP secondary inspection officer grilled us rough. First he called my wife and asked why did we leave US. She told that since my parents are old and not in good health we visited them. Then he started asking for documents proving it. And told us that without documents he won't let us enter. He went on to say that AP is only on humanitarian basis and unless CBP officer is satisfied with proof they cannot allow AP holder to enter. Finally after convincing him for another 30 min he let us in.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Tough Luck for you. I entered thro AP yesterday in chicago. Guess what the officer did not even talk a single word. He saw the document stamped and let me in. all it took was 5 minutes.
This was a really shocking experience. Are employment based GC's AP supposed to be treated like humanitarian AP? or was the CBP officer over reacting? Gurus please throw some light.
Tough Luck for you. I entered thro AP yesterday in chicago. Guess what the officer did not even talk a single word. He saw the document stamped and let me in. all it took was 5 minutes.
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