Saburi
02-26 11:30 AM
I think dates won't (and should not ) move much. So at the end of year we can see big jump and then may be people like me can file I-1485.
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
Thank's
MDix
I wish your prediction come true but does not seem like i don't think this que is going to move anyfurther untill next few years, i was very positive about this que will move faster after Feb 2009 but since then its still sitting to the same duration and have not move even a little, so sorry bro but does not seem like this will move untill next year.
May be it will move few month in the end of the year but getting it current or passing 2008 i don't see it happening untill 2011.
Sorry its bitter but true unless there is any big releaf given to us which does not seem to be hapening as Mr. Chnage has lot to do with economy and figth against terror.
I hope an wish i am wrong and you are right?
Best Regards
Saburi
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aerady
05-09 05:40 PM
I have been a victim of this rule implemented by DMV. On Texas the rule is like this. If you have Visa validity embedded on your DL, you will get a letter before 'Valid till Date period' on DL to show proof of approved I-797. In TX your approved petition you need to satisfy two conditions (1) When you go to DMV office, your approved I-797 should have atleast 6 months validity (2) The period on your I-797 should be more than one year. If you disqualify on any of these, they will suspend your license until you show a I-797 that satisfies the above two conditions.
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
So, My case is like this:-
My TX driving license(Valid till 2017) was suspended by DMV when I went(I tried online but it didn't work) for address change on 5/8/2010 saying that I don�t have a H1B visa which is valid for more than 6 months (Valid till 10/26/2010 � approx 5 months and 20 days) at the time of my visit for Address change.
I quit driving after that and my employer applied for Visa extension and they got the visa approval from 10/27/2010 to 9/19/2011. I got the approved petition from USCIS on 2/15/2011.
I went to the DMV office on 2/16/2011 and again DMV denied me license saying that even though the visa is now valid for 8 months, the total period for which the visa I got is less than 1 year(10/27/2010 to 9/19/2011 =11 months)
I am on 6+ years on US and my employer is processing my green card. USCIS will give only 1 year or less increment H1B extension after the 6th year till I get my I-140 approved.
The USCIS processing time is 4 months to 6 months for visa extensions, which puts me in a loop like sometimes when I get the approved extension, I will not have 6 months validity from the time I receive the approved petition from USCIS OR USCIS may not give one full year extension.
I am literally stuck without driving for the last one year. I was driving in US from 2003 to 2010, I don't have any accident history, I pay taxes regularly and always been a good citizen, but see what I get back!
Milind123
09-17 02:05 PM
Order Details - Sep 17, 2007 1:33 PM EDT
Google Order #371403364547278
Thank you kumar for your shot. Which IIT did you graduate from? Delhi?
Google Order #371403364547278
Thank you kumar for your shot. Which IIT did you graduate from? Delhi?
2011 Bow Wow
H1B-GC
02-07 09:25 AM
sorry to hear your situation 007! hope things work out for you in time. You could also consider heading home and having someone mail it to you once its received. just an option not sure what your situation is as far how far from approval etc etc
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
A Person cannot Travel before the AP gets Approved.If you do, means Abandoning your GC forever. Please be careful before you advise anyone on these critical issues.
more...
desi3933
08-04 11:49 AM
There's no law that employer should borne the cost of GC.
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.
That was your choice.
I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
One hand, you are saying guessing and still insist that it is based on facts.
I suggest you talk to your lawyer first. The cost of Labor and I-140 should be borne by the employer as they are employer's petitions.
I have spent almost 10K in my GC process until last year and 2K this year for EADs and APs.
2K for EAD and AP this year alone! Let us see how many people on this forum has spend that much on EAD and AP. Paying high legal fees is NOT a basis to seek remedy.
I spend about 3 K in one more GC process I started several years back which I abandoned because I changed the emloyer.
That was your choice.
I Spent 1000s of dollars in Visa stamping, H4 renewals. And yes I'm stuck for almost a decade.
H1/H4 and Green Card processing are not related to each other. H1 is for current job and GC is for the future job.
There are at least 10 people I know who are in similar situations, so I'm guessing there'll be thousands in USA. These are facts it may not apply to you but does apply to lot of people here...
One hand, you are saying guessing and still insist that it is based on facts.
franklin
09-28 08:57 PM
But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?
Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.
Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.
I like Theory 2 best :)
I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.
Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.
Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.
I like Theory 2 best :)
I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.
more...
smmakani
04-14 02:39 PM
IV friends ,
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
Last week my lawyer has asked for copy of Driving License of me and my wife for filing the H1-B and H4 extension.
Then one of my friend told me that INS is asking for copy of the driving license for filing the h1-B extension.
My employer is supposed to file my 3 year Extension based on I-140 in Dec this year( Dec 2007) but my Licences expires on Sept 2008, So I will I be just getting the extension till Sept 2008 and Not 3 year extension.
Any Idea on that
I have already submitted my driving license to my lawyer.
Please Let me know because I was couting on that I will get 3 year extension this time :(
I never heard this before. I got the 3 year extension after 6 years but I never submitted copy of Driving License. I don't think the extension has anything to do with Driving license expiry date. The extension effective date starts from your previous H1B expiry date.
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new_gc_guy
09-11 03:48 PM
second 100$ contribution...
GO IV
Order Details - Sep 11, 2007 4:10 PM EDT
Google Order #655717973031323
GO IV
Order Details - Sep 11, 2007 4:10 PM EDT
Google Order #655717973031323
more...
mirage
08-04 03:38 PM
I'm not getting what's your point. All I am telling this guy and others that I need some statistics and why it is important to me. People who like my point will write them and people who will not like my point but still have the problem will modify the letter accordingly and people who should not care since they are not affected should just ignore this thread and move....
Did you go over points raised by internet in this post
http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12
Did you go over points raised by internet in this post
http://immigrationvoice.org/forum/showpost.php?p=271211&postcount=12
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mallu
03-31 11:42 PM
Alright Guys, Let's ignore this Dard-e-disco guy he doesn't deserve a second of our time. To answer your question, one thing atleast USCIS can give us is, Release data like How many applications they have already received from Major Green Card Seeking countries and in which EB categories. All this data they would have entered in their computers, They can easily run these kind of reports, I'm sure they'll be having some Data Warehousing softwares. So atleast everybody of know where we stand today and stop predicting cut-off dates etc. etc.
They can also make sure they send our APs and EADs in less than 90 days....
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
They can also make sure they send our APs and EADs in less than 90 days....
As Ron Gotcher observed, they are still using DOS ( not department of state ! ) programs .
more...
wanna_immigrate
03-15 02:47 PM
...raised an SR, sent an interfiling request, but still no LUD yet.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
If you check OP and other posters in this discussion, looks like it took around 2 months for all of them.
Did you mean in 2 months after interfiling they got 485 approved? Please clarify.
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vselvam
12-17 06:26 PM
Instead of doing all of this, First, if we able to make every one just take one day off from work on the same day through out the USA and let our employers and the press knows that we are doing this to show about our issues. We do not need to go on rally. At least if we take off on the same day through out USA to make sure people understand about our issues and our sufferings. I am not sure how it will help. At least if we make it to be notified by the government, .press, our employers. and the public about our issues.
I am not sure it is possible and is it worth? any thoughts...
I am not sure it is possible and is it worth? any thoughts...
more...
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skv
06-22 03:13 PM
so it is tied to the applied applications can you not check someones elses application
-M
The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.
-M
The employer can establish an account for an attorney or other agent at http://www.plc.doleta.gov. It's unique PERM cases filed by that employer.
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bala50
09-13 04:07 PM
I'm ready to fill the sixth slot . I have contributed to rally before and i will match Milind's next contibution.
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
Thank you mohitb272, wolfsappi, kanaihya and ravikanthe. All your help and contributions are greatly appreciated.
Details of my $100 contribution are in my signature.
To people who still have their finger on the trigger,
Guys, Are we ready to fire the next round? Believe me you will feel good. The gun is loaded with 5 bullets again.
But wait a minute, someone told me this revolver has six chambers. We can put one extra bullet in this baby.
Would any senior member or previous contributors like to be the guest of honor and help us fire the last bullet?
On a more serious note we still required $10,000 before Sept 18th.
more...
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adde72
07-05 11:35 PM
Dugg! and posted a comment...
Please also digg comments.
Dugg and posted comment ... this is great chance for US ( legal immigrants ) to solve our issues ...please participate activly ....I can see the light
Please also digg comments.
Dugg and posted comment ... this is great chance for US ( legal immigrants ) to solve our issues ...please participate activly ....I can see the light
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vparam
09-17 08:59 PM
we are planning to start an LLC as a group of three here......one of them being in india.i was wondering about the tax issues for a member of an LLC if he is based in India.Can he get an tax identification number.thank you.
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
Yes you can have international partners in LLC but they also need to pay tax, Unless it is a single member LLC , when you get taxed as individual otherwise you get taxed as a corporations. I think it is better to ask an accountant on how to include the international partner
more...
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funny
09-12 01:56 PM
That is right. I said before and I am saying again. I am against sending flowers or calculators because.
1. They cost money (Some people may not do that just because of that).
2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
3. It will not make any difference to USCIS.
4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
The letter campaign thread is
http://immigrationvoice.org/forum/showthread.php?t=21340
Does anybody here agree with me ? Singhsa, your thoughts ?
I totally agree with "bsbawa10" , Not many people will invilve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.
1. They cost money (Some people may not do that just because of that).
2. USCIS will like those toys for their kids (Please come out of the movie mood, movies impress a lot but they are a lot different from real life). Believe me they will treat these things as wonderful gifts and we will end up spending time and money for these.
3. It will not make any difference to USCIS.
4. USCIS can always redirect all those flowers to orphanage or other places, what they cannot do is redirect our posters trying to put them to shame.
I have been appealing a lot about this. Why do not we have a letter compain along with posters which should put them to shame. These should not only be sent to USCIS, but also to the press, congressmen, president of US and yes the director of USCIS. I have created several posters here.
http://docs.google.com/Doc?id=dd4vkcmm_124c6jh9dg6&invite=mqk525
http://docs.google.com/Doc?id=dd4vkcmm_127xvp53jdx&invite=cn4gjw5
http://docs.google.com/Doc?id=dd4vkcmm_12895rfwtcw&invite=g7kcrzz
http://docs.google.com/Doc?id=dd4vkcmm_130cvdpx4cg&invite=7bb9vs
http://docs.google.com/Doc?id=dd4vkcmm_132g6jcsffz&invite=hczhh8x
The letter campaign thread is
http://immigrationvoice.org/forum/showthread.php?t=21340
Does anybody here agree with me ? Singhsa, your thoughts ?
I totally agree with "bsbawa10" , Not many people will invilve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.
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gc_on_demand
12-10 04:38 PM
HOW IS THE PER-COUNTRY LIMIT CALCULATED?
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.
- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.
- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?
Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.
WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?
Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.
In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?
State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.
In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.
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smuggymba
08-23 09:14 AM
Only EB2-NIW (National Interest Waiver) even currently requires 10 years of work experience in the relevant field at the time of filing this is the category that does not require labor and van be self filed. The exceptional ability refers to Non US Masters folks Bachelors + 5 Years, now looks like this is bachelors + 10 years. The memo is currently not implemented Smuggymba I believe you should push your case in premium processing, probably you are not impacted though as you have a US masters (MBA). But there is no guarantee that they will not review all cases at the time of 485 once again. This memo / revised guidelines are indeed extremely scary. Kartikiran I agree with your thoughts about the direction in which things are moving.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
oh it hurts....I just believed Kate and Bluekayal and became happy and now back to scary feeling.
optimystic
09-10 09:36 PM
HR 5882 has the answer for the FIFO problem.
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
USCIS is pretty good with approving cased based on PD for 3/4th of the year and in the last quarter they for the "Hail mary" play and DOS gives a wide PD range during the last quarter for USCIS to play. Apart from recapturing wasted visa's HR 5882 also has an automatic recapture provision to avoid any future visa wastage. If this provision is in place then UCSIS/DOS will not be in a position to playing the "some how use up visa by sep 31" card to approve random cases.
Rather than focusing on HR 5882 many are still pondering about LUD's and sill day dreaming. The demand for visa's is much higher than the supply of visa's, it doesn't matter what new spillover policy USCIS adopts, it can only provide incremental improvements. For a quantum improvment in the situation we need a legislation and HR 5882 is the best option we have now.
Good points.
However ...
How many visa numbers will get recaptured if 5882 gets approval and how soon (within this FY09 ? )
How many pending applications are there?
How many new ones accumulating every year?
Are there enough recaptured visas to cover all?
Agreed that with more visa numbers, and no potential threat to wastage of visa numbers, USCIS has no incentive nor tricky cards to play to justify their random approval bursts.....but will that be enough to prevent them from doing so, just because they can? I mean this is USCIS we are talking about.....Even with laws/memos/rules already in place, they are violating them left and right....
Whats to say that they won't try to reassure people that they don't have to worry about out of order processing because
- there are enough visa numbers for all.
- Though people may see delays, they will eventually all get their GCs
- Its faster and easier if they just grab the first box that is on the top of the pile, and approve cases from there rather than spending very limited resources they have to try to dig thru the boxes to find the cases with oldest PD.
- It will just be a minor inconveneince to the applicants...Their waiting times would drastically reduce from several years to only couple of years.
Would that be acceptable to us then?
If they say every body will be current, with free job movement due to EADs, and every body will get GC within 2-3 years absolutely. PERIOD. Just no gaurantees of FIFO processing. --- Would that be acceptable to us then?
9years
01-10 06:15 PM
Finally a happy ending to my green card journey. Received our cards on Saturday. Thank You IV and I wish all the best for everyone.
Congrats Vayumahesh. Very nice happy new year gift to your family USCIS gave/you earned.
Congrats Vayumahesh. Very nice happy new year gift to your family USCIS gave/you earned.
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