gc_on_demand
03-18 01:09 PM
Hi gc_on_demand:
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.
Great Analysis! What are your predictions for EB3 for this year?
You mean to say that EB3 (40K) is already used up for this year :-(
Thanks,
Rayoflight
All Eb3 will get close to 40k this year . There will not be any spill over from Eb1 or Eb2. Also Eb3 ROW is not current so chances are very minimal that Eb3 india and China will get any exxtra visa. Only CIR or Recapture is hope for Eb3. OR as I said in earliar post that if Labor dept makes too hard to file for Eb2 in coming years then after 2-3 years you may see spill over to Eb3. otherwise it will crawl. But chances are there that they will recapture or do CIR in between.
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perm
07-23 12:38 PM
J. BARRRET - Jul 2nd at 10:25 AM
ksrk
02-13 04:36 AM
Dilip,
In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.
The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).
Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!
In all your comments, you said nothing of your PD or EB category or your country of birth for that matter. It is difficult for anyone to quell your anxiety without that information. Check with your (or any) immigration attorney for a more substantial answer.
The bottom line is that a visa number should be available when it comes time to adjudicate your case, meaning that your PD should be current at the time the officer picks up your case AND a visa number available for him/her to assign to you (and your dependents, if you have any).
Else, the I-485 processing date means nothing, as has been stated by other members earlier. Yes, retrogression sucks!
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gc_chahiye
09-27 02:05 AM
Actually, I don't think there really is a ROW is there? Isn't it just that 193 country columns isn't practical.
actually as and when a country hits the 7% per-country limit or in general becomes a big consumer of visas, it gets its own column.
China for instance has been in and out. In 1999 it was its own column, became part of ROW in 2002 and now again has its own column:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1350.html
Dominican Republic was there in 1995, but is now part of ROW:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
actually as and when a country hits the 7% per-country limit or in general becomes a big consumer of visas, it gets its own column.
China for instance has been in and out. In 1999 it was its own column, became part of ROW in 2002 and now again has its own column:
http://travel.state.gov/visa/frvi/bulletin/bulletin_1350.html
Dominican Republic was there in 1995, but is now part of ROW:
http://dosfan.lib.uic.edu/ERC/visa_bulletin/9502bulletin.html
more...
dvb123
02-10 05:02 PM
The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.
http://travel.state.gov/visa/frvi/bu...etin_4428.html
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
http://travel.state.gov/visa/frvi/bu...etin_4428.html
D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
sandyn16
11-01 12:30 AM
I faced the same situation last year when my I94 expired because my passport expired in April 2007. I got my passport renewed but missed the I94 expiry date.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
I consulted my attorney and he advised leaving the country asap and coming back. I went to Canada (since I had a Canadian visitor visa) via Buffalo and came back, but the immigration officer told me am fine as long as my I797 is valid.
I heeded my lawyers advise finally and visited India for a few weeks and came back and got new I94.
Based on the information I gathered at that time, there is some time period , I think 40 days after the I94 expiry date by which you can file for new I94 within this country else you have to go out of the country and come back.
more...
salthepal
10-29 04:53 PM
No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.
I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?
I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?
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rameshk
03-03 04:32 PM
Who is the laywer? can share his contact information with us please?
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
Thanks,
Hi,
I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.
Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
Wife: EB2 PD Feb 2007.
During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.
In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.
Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-
1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)
I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.
On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.
Moral of the story:-
1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
3. Don't do anything illegal :)
4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.
Best wishes.
more...
tinuverma
11-09 10:10 AM
First, what is "diwali"? Are you just assuming that all members here understand your language and are same nationality?
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
Second,
180 days after applying for AOS you can use AC21 and change job.
Thanks. So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
There is a website called Google. Its amazing in that it is above nationality and responds to every "what is..."
Second,
180 days after applying for AOS you can use AC21 and change job.
Thanks. So my AOS is which of the two: july 23rd (date courier received) or oct 17th (date checks encashed)?
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ivar
04-16 02:03 PM
Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.
Good luck!!
I sent you a PM.
Thanks.
Good luck!!
I sent you a PM.
Thanks.
more...
Shujaat
05-15 12:56 PM
Hi
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sjhugoose
February 20th, 2004, 07:39 AM
Steven,
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
Referb 1Ds at $5200 your credit card finger getting itchy?
:D
more...
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pbojja
04-22 11:11 AM
Recently we have seen lot of 140 case transfers from NSC to TSC
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
I m starting this thread to track all the 140 transfers from NSC to TSC and approvals , Please use the below format
Type : EB3
RD to NSC : July 5 th 2007
Concurent Filing : NO
Tranfered to TSC : April 7 th 2008
Last Update : April 14 th 2008
Current Status : This case is now pending at the office to which it was transfered
Approval Date : Pending
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jungalee43
01-11 03:27 PM
Nice to know and good luck to all of you. Hope it helps.
more...
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forgerator
06-10 10:30 PM
Reason is probably they discovered your employer is doing similar crap with other employees.
Right now there is zero tolerance for these kind of abuses by employers.
Right now there is zero tolerance for these kind of abuses by employers.
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nashim
07-16 04:06 PM
1) Yes
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
2) Yes
3) approval letter from my previous employer is not required. Old employer can revoke I-140 any time not PD
more...
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GCOP
11-08 07:17 PM
245i applicants ( the people who were out of status) were allowed to file for adjustment of status under LIFE ACT of year 2000 passed by congress. There were no additional Immigrant visas approved for these applications and they are being issued visas from the regular quota.
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
Following is the link for LIFE ACT
Full Text of Immigration Bill--12/15/00 (http://www.immigrationlinks.com/news/news677.htm)
We are in a very difficult situation. Unless congress passes some legislative change, it is very hard to determine the further progress in EB-3 India Category. I really do hope that, most of the 245i application visa adjudication would have been done. I have also heard that relatives of 245i applicants are being issued immigrant visas at US Consulates abroad. So these additional visas on top of 245i applications make it very hard for any prediction.
EB-3(India) & ALL EB categories need very URGENT HELP from congress, as this situation has arised due to 245i LIFE ACT.
WE REQUEST CONGRESS, TO PASS LEGISLATION - NOT TO COUNT ANY 245I VISAS AGAINST REGULAR QUOTA ( TO EXEMPT 245I VISAS FROM THE QUOTA).
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onthelines
10-06 03:25 PM
This is Incredible..Thanks IV for all the hard work.
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gcdreamer05
08-05 04:44 PM
I know this is not a good question as there is no time frame for GC process?
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
But please share your experience;
How many years it could take to get GC if it is started with in Aug. 2008 for
-EB2 category
-EB3 category
I am trying to understand the time (years) difference between two process.
Thanks,
Sanjeev.
Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....
Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......
eb2dec2005
02-22 09:49 PM
No, i was little skeptical i using AC21.I did not inform USCIS at all.
Morover, i was hoping my PD would be current shortly.
Am i in trouble?
Morover, i was hoping my PD would be current shortly.
Am i in trouble?
FrankZulu
08-20 09:45 AM
Status is still initial review on 485 and when checked with infopass I was told that my case in in extended review.
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
And yes, my case is current from last 10 months.
Are you working for the same company who filed your I-140?
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