Thứ Bảy, 25 tháng 6, 2011

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  • vnsriv
    10-08 04:01 PM
    so here is exact question , what about if i get GC approval before my PD gets current?

    You mis-understood the concept of PD then. Your I-485(GC) won't be approved until your PD is current.




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  • partha_vus
    06-15 10:31 PM
    Hi Gurus,
    I am filing 485 soon. But l have ported my priority date to latest I140. I am filing 485 based on the latest 140. My priority date is Jan 2001. I am filing my 485 will now, will uscis consider my priority date and process my case OR filing date which is june 20, 2007 and process accordingly. i.e some body filed on May 30, 2007 with PD Jun 2003 will consider for processing first? rather than my case?

    thanks,
    :confused:




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  • greenguru
    03-31 06:37 PM
    Here is the process for porting

    1. Apply for EB2
    2. Apply for I-140 under EB-2. Attached your old EB3 I-140 and request for a porting.

    3. If you applied for 485 already then mention the A# so your 485 will get approved automatically.

    Hope this helps.

    CHeers, GG




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  • Blog Feeds
    10-28 12:00 AM
    AILA Leadership Has Just Posted the Following:


    http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s320/Immigration+Lines.jpg (http://1.bp.blogspot.com/_BVX2dyjOs1A/Sud-zjPBalI/AAAAAAAAACQ/s1h5c-dE0wU/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.



    I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.



    However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).



    My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:

    First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.



    Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.



    Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).

    Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.



    Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.



    I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).



    The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.

    We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).



    You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:



    India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.

    China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.

    Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.

    And these waits are from when the person STARTS the green card, not when they come into the United States.




    I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.

    The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.



    Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?



    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?

    I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
    https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)



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  • GCApplicant001
    10-12 11:47 PM
    friends,

    Today i recieved transfer notice from CSC to TSC but no reciept notice yet. Am i going to recieve reciept notice also?



    I485 filled on July 31, 2007




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  • peer123
    04-04 04:20 PM
    1. Did you find have any issues when getting 485 approved.
    ---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
    2. Did you file AC21.
    Yes
    3. Does the job responsibility has to meet 100% word by word.
    Not necessary
    4. Has any one you applied for EAD extension on your own.
    I did not apply for extension. But when my time comes I will do it on my own.
    Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
    No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

    Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...



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  • telekinesis
    09-05 07:58 PM
    The main image in your homepage Ryall is almost 300KB, thats huge!!! My entire splash page is about 55KB and it involves 3ds max renders and hell of a lot of layers...it will take a bit to load for modem users (I pray for them everyday) and if you have any content that 300KB will matter when it comes to a user wanting to visit ur site again, oh yea I fixed my splash cause I changed an image on my server and it screwed with the dimensions so here is the update:

    Splash Update:
    http://www.macromotive.com/ebay/dalu/da_splash.htm




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  • posmd
    03-28 04:04 PM
    I agree that you guys should push for an ammendment that one should be able to file 485 and join the queue and get the derivative benefits once 140 is approved. If we get that alone it is better than nothing.
    However let me put it to you guys that without the green card in hand, living in limbo land albeit with some mobility is no fun either. Isn't that sort of what the illegals have now at their own labour level. We will be 2nd class citizens to be discarded at a fire brand politician's whim and fancy.If that wait is many years it will not be good. Further those applying later and later will eventually end up with inordinate waits leaving them the choice of waiting for decades like in some family based categories.
    I am only saying this since it was stated that this should be the number one priority. The absolute number one priority for all of us should be to quicken the time to a GREEN CARD.



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  • leo2606
    12-22 12:56 PM
    now I got it, 'sweet23guyin'
    Please contribute to IV.




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  • dealsnet
    10-21 08:26 PM
    File new H1B.
    You may not adjust the status. (B1 to H1). (Get the H1B approval without 1-94 attached)
    You need to go to India and attend interview to get your visa stamped.
    Do premium process to save time.
    So you will be safe. Everything can be done within 45 days, if do PP and move fast.
    Entry on H1B will be safe for future immigration matters.

    Dear friends,

    I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.

    I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.

    Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately after the approval of H1B.

    Other relevant past details are

    H1B non cap petition- June 2008
    221 g at the consulate for the H1B petition since I didn't had the license.
    Hospital withdrew the H1B petition in August 2008.


    Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry(its a different hospital). And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.

    And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John



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  • STAmisha
    06-19 03:37 PM
    Finally This Is My Turn To Rejoice. My Lawyer Email Me Saying That She Got Off From Phone From Dol And My Lc Is Approved.

    1)how Long It Takes For The Physical Paper To Arrive? Do We Need That Physical Paper To File For 140 And 485?

    2)the Online Status Still Shows "in Process"

    Gurus, Please Help Me




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  • inskrish
    01-23 03:36 PM
    I think some of the I140 dates went backwards in Nebraska. I can't understand how it can move backwards Logically, it is impossible, but to USCIS anything is possible:-)



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  • vinoddas
    07-30 10:59 AM
    If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.

    Hi,
    Could you please elaborate on this point? Under what conditions can she use *my* priority date?




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  • ajay
    03-14 09:30 PM
    Dear members,

    If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.

    We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.

    Please note the fax number

    Fax : (202) 403-3853

    or email the scanned copy to info at immigrationvoice.org

    Time is short and we need letters in the next couple of days if possible.

    I also just emailed.
    thanks.



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  • conchshell
    07-12 02:51 PM
    RNGC, nice writeup but if (yes if) we want to take the lawsuite route, first we need to identify all those grounds on which we can file the law suite. Afterwards we need to get those grounds validated by an attorney who specializes in filing these types of law suite (not the usual immigration attorneys). Usually a law suite is considered a last resort, but there is no harm in preparing for it. Why don't you take a leadership role on this front?




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  • singhsa3
    08-29 01:01 PM
    I think there are still some visas left for EB2 I/C but they want to distribute them judiciously.
    Due to the random processing, seveal people had earlier complained to USCIS and Ombudsman. This may have probably resulted in drawing a line that would mandate following a RD by IOs.
    On the other hand DOS has still not made any official statement as the visa may be available or would be available towards the end of month.
    Thus all those people whose RD is earlier than the published RD and PD is within the window should remain hopeful.



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  • copsmart
    06-16 09:07 AM
    bump!




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  • fide_champ
    03-22 08:11 AM
    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.

    It's no brainer. Have the baby in US and then leave for india. You get US citizenship for your baby free of cost and without any hassles. Your baby can get indian citizenship anytime if that's your goal.




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  • tnite
    07-26 03:11 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending


    What do you mean by job ending this month? Is she not interested in looking for other projects or is she planning to change to H4?

    If she's not planning to continue working then she has to change to H4.




    joydiptac
    05-14 05:02 PM
    Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?

    Now the question is does it automatically lead to audit?

    In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
    FWIW




    Circus123
    01-09 03:49 PM
    YEs sure I think 6 may go through instead of 5 this time.



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