trueguy
12-11 01:43 AM
In a testimony to the House Judiciary Committee back in Apr/May 08, the USCIS clearly stated that it had changed its policy regarding which applications would be adjudicated first.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
As I remember, USCIS stated that it was now following a policy where cases that had a possibility of getting a visa number in the near future were adjudicated first. It said that this change in policy was made in order to reduce waste of immigrant visas.
The problem with this approach is that:
- It is not FIFO
- EB2-I/C and EB3 not only continue to remain retrogressed, but retrogression worsens.
Here is how:
Since EB2-I/EB3-I categories are already retrogressed, the I-485 applications in this category will be shelved until it appears that a visa number may become available in the foreseeable future.
So, USCIS puts most of these cases in cold storage while it adjudicates and approves the EB2ROW applications as it receives them on a continuous basis.
When time comes to roll over excess EB2 ROW numbers, two things happen:
- Already substantial use of EB2ROW numbers make few numbers available for roll over
- Limited adjudication of Eb2-I/C and EB3 cases make a very small pool of pre-adjudicated applications. USCIS requests DOS to move dates so that it has access to a larger pool for cherry picking.
The result is that VB dates move forward by leaps and bounds and cases are approved haphazardly with PDs all over the map. When the excess numbers are used up, the dates for EB2-I/C and EB3 retrogress back to previous cutoff dates because there are still a lot of old cases that have not even been brought out of cold storage. The EB2ROW dates are again current because USCIS has adjudicated and approved EB2ROW cases throughout the year- so no backlog there.
If USCIS followed FIFO, then the following would happen:
- USCIS would be adjudicating old EB2I/C and EB3 cases right now, and not the recently received EB2ROW cases.
- This would reduce the number of pre-adjudicated EB2ROW cases and hence lower the demand in the EB2ROW category.
- When time would come to roll over numbers not used by EB2ROW:
- A large pool number of excess visas would be available
- A large pool of pre-adjudicated EB2-I/C and EB3 cases with old PDs would be available that could be readily assigned visa numbers.
As a result, old cases would be assigned visa numbers and backlog would be reduced.
Unfortunately, USCIS has confused its process of adjudicating cases (which is FIFO) with its effort to enforce the country quota. The country limits come into picture only when cases ready for adjudication are to be assigned visa numbers. The process of adjudication should still be FIFO, and not determined by the country quota.
Very good points. I can't agree with you any more.
The question is how do we raise it as an issue so USCIS follow FIFO.
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keerthi
04-04 03:10 PM
Thanks for that reply. The company's business line is very niche and it started developing a technology for that niche market in India some 5 years back. I have been involved in the design and implementation of that technology right from its inception. In fact I am one of the core persons who designed and implemented the solution.
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
Our customer base is increasing in the US. This is one of the reasons why I need to be transferred to the US. Several of our customers are coming up with unique requirements and it requires me to analyze them before providing them a solution. Also, some features of the technology are governed by a large set of exacting standards put forth by a consortium in the US. I am one of the members of that consortium and my presence cum contribution for my company in this regard is very much required.
I possess extensive knowledge of my company's specific technology and software skills which are very rare (we do low level software development - not the ones that large software companies do). Also, there are only a handful of companies who deal with this market. I believe this should ideally classify me as a person having "specialized knowledge".
Am I right?
vicks_don
12-14 12:38 PM
You can stay here as your H1 is pending but you should not work. Then you are still Legal. This happened to many students in 04' when H1 ran out unexpectedly quick. As long as you do not work and H1 is pending i think you are legal. That is what finalized in 04'. Correct me if I am wrong.
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Saralayar
01-13 10:44 PM
Received I140 Approved Documents using FOI Act.
I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.
Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.
I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.
Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.
How long it took for you to get a copy of your I-140?. Did you get the copies of your Labor certifcation details too?. Was your case filed in PERM?. I appreciate your reply in advance.
more...
rheoretro
09-25 05:22 PM
I got denied by discover credit card due to not having a green card.
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
Discover Card is a bit picky...I applied a second time around and they approved it.
Student loans - federal loans require full citizenship.
They said, it is just their policy that they won't give credit cards to
people who don't have green cards.
I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.
Though i have a mortgage now, my first mortagage application got denied on same grounds.
Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.
But most of the lenders do mortgages anyways even for the people who does't have a ssn:).
Discover Card is a bit picky...I applied a second time around and they approved it.
Student loans - federal loans require full citizenship.
ujjvalkoul
03-06 11:16 AM
Mine was at Texas Service Center.
For EB2INDIA: I filed to get my EAD corrected 3 months ago...no RECEIPT NOTICE yet..
Did you get a RECEIPT NOTICE or you directly received ur Card after 3 months w/o any receipt notice?
For EB2INDIA: I filed to get my EAD corrected 3 months ago...no RECEIPT NOTICE yet..
Did you get a RECEIPT NOTICE or you directly received ur Card after 3 months w/o any receipt notice?
more...
styrum
03-02 08:03 PM
I live in Seattle area now and would like to participate in any joint effort. Please let me know when any such activitity is planned.
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ash27
04-01 09:53 AM
Could somebody please advice if contract work on W2 would cause any issues at the time of adjudiciation? Any information will be greatly appreciated.
Thanks,
Thanks,
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ras
11-12 06:19 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
i am not a lawyer
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
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sam571
05-08 10:20 AM
Hey jvs_annapurna
Congratulation on your approval .
I have one question for you? Your new Company is direct client company (like Google, yahoo)
or its a consultant?
Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?
Please advise Gurus,
Thanks.
Congratulation on your approval .
I have one question for you? Your new Company is direct client company (like Google, yahoo)
or its a consultant?
Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?
Please advise Gurus,
Thanks.
more...
rjgleason
May 23rd, 2005, 06:11 AM
Gary, I like all three but the first shot is my favorite.....DOF (on the first) is good, (the shrubs midway in the photo could be sharper) not great but quite acceptable and the polarizer makes the shot shine. Good work (on all three)
Just noticed the first shot you had the AV at f/10.....I would have shut it down more.
Just noticed the first shot you had the AV at f/10.....I would have shut it down more.
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arihant
10-26 10:42 AM
I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
1) You can apply up to 6 months before your H1 expires.
2) You get extension from the date your previous H1 expires.
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Alabaman
08-24 09:48 PM
Start being creative first.. dont just copy some captions and come up...
If I were you, I would read the "captions" before responding.:mad:
If I were you, I would read the "captions" before responding.:mad:
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IndiaNJ
08-26 01:32 PM
My wife recieved an RFE on her 485, as one of the questions on Page 3 of the 485 was not answered and Page 4 was missing.
I am not sure how the Page 4 got lost..:confused:
I am not sure how the Page 4 got lost..:confused:
more...
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logiclife
07-12 08:54 PM
Even DOS, who is partly responsible for this mess, is not willing to share burden with USCIS.
DOS is pretty much in the clear since they have done everything by the book. ALMOST.
USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.
If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
DOS is pretty much in the clear since they have done everything by the book. ALMOST.
USCIS has nowhere to go now. Rice has washed her hands off saying that whatever we did, we did a per laws and as per info provided to us by USCIS. If USCIS gave us wrong info, then sorry, its not our fault.
If DOS is jumping ship on USCIS, they why do you realistically expect FBI to be the honest forthcoming guy and share the burden. This is Washington DC.
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H1B-GC
02-01 08:30 AM
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congrats Buddy!!
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congrats Buddy!!
more...
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unseenguy
06-16 01:12 AM
I agree with above posters.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
Ask for shorter duration visa.
leave siblings out
Show strong financial position to supprt their stay in US
Show strong ties to home country. (leaving siblings out & adding grandparents care is a good thing), but also show strong monetory ties such as property in home country.
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ivar
02-03 07:15 PM
Congrats ivar! Good luck and God bless.
Thanks, Sunny1000, Leo07,feblc2002,whiteStallion.
feblc2002, I missed July 07 fiasco so i had file I-485 in September 2010. Got approval notice (email alert) on 01/27 and cards yesterday.
Thanks, Sunny1000, Leo07,feblc2002,whiteStallion.
feblc2002, I missed July 07 fiasco so i had file I-485 in September 2010. Got approval notice (email alert) on 01/27 and cards yesterday.
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mita
08-05 06:17 AM
My husband's I485 was approved yesterday but mine and my son's, no change.
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
I got the magic mail today ---Card production ordered!!! Just for me.
The status of my wife's I485 remains the same ---> Received and pending?
Any one in similar situation?
mmk123
01-19 08:17 PM
Democrats seem to be loosing senate seat in MA. Message is clear - in this great recession, people don't want more taxes especially when they are happy with their current healthcare policies and their healthcare coverage don't change a dime for those extra taxes. Especially, when MA people are already paying for state universal healthcare. Why should WE pay for THEM?
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
Probably, this means healthcare reform is dead or congress embraces more conservative bill passed by senate. End of road for more tax burdensome things like cap-n-trade, climate change bill or controversial bills like immigration reform unless some less-conservative republicans are on board. If it is ever considered, be ready for more durbin-grassley measures in the final bill. Fate of the bill depends on what matters for elections in 2010, probably more populist measures like tax cuts, another stimulus, job growth measures will be focussed for rest of the year..
haider420
06-13 09:46 AM
Yes you can.
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
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