justAnotherFile
07-24 05:57 PM
.. there should definitely be some policy interpretation at the discretion of the USCIS
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
1) The law does not explicitly state that the visa number availability is a pre-requisite for filing the application
2) If you are interpreting it based on the words ....
"an immigrant visa is immediately available to him at the time his application is filed"
Then according to 245(a)(2)....
"the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and "
....concurrent filing of I-140/I-485 should also be illegal because at the time of filing I-140 there is no determination of whether the alien is eligible to recieve the EB visa. If so how can USCIS allow filing of I-485 at that time.
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abd
09-23 12:20 PM
Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
Your Case Status: Card/ Document Production
On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?
We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
Your Case Status: Card/ Document Production
On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.
If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.
kondur_007
04-10 03:44 PM
Thanks Kondur. That was a very good presentation of the numbers. I very much appreciate it.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
Now,
1. Why did EB1 last year needed spillover visas, although it was current all the time? If a category is current, isn't that it has less demand than allocated numbers?
2. As per May bulletin, EB4 might need a cut off. So we cannot expect any spillover from EB4. So that is clear. Now the spillover chances are from EB5, EB2 ROW and EB1(?). I am including EB1 because, given the current economy over the past year, should there be a better possibility of more spillover from EB2 ROW and EB1 compared to last year?
3. Also why are the total EB numbers different in different fiscal years (e.g., 141020 in FY2009, 162949 in FY 2008 and 154497 in FY2007)? In FYs 2007 and 2008 did the extra visas come from Family based while it did not for FY 2009? If so, why is it so?
4. Based on Pending 485 data of March 2010, I barely see few hundred EB4s. And hardly considerable number of EB1s. What's going on? If we go by this data, we should be getting good chunk of spillover numbers...
http://www.uscis.gov/USCIS/Green%20Card/Green%20Card%20Through%20a%20Job/Employment%20Based%20I-485%20Pending%20Inventory-Total%203-8-2010.pdf
Thanks,
Here is what I think; possible answers/comments. I am not an expert but am thinking following:
1. Any category being "current" is based on "DOS's guesstimate" based on demand numbers they receive and so it is never "perfect". So yes, you are true that technically EB1 should be retrogressed "slightly", but considering the small number of spillover (now called fall down numbers) it used, it may not have been able to be predicted prior to the end of fiscal year.
2. That is the biggest hope and assumption that there will be more fall down from EB5 and EB1 due to "economy". Caveat is, more and more people are trying to switch to "current" categories and so actual usage may not be commensurate with "economy". We have never been given any "usage data". So everything is a pure guess on this front. Looking at data, I honestly do not see any difference in number of EB1 cases from 2008-2009-2010.
3. Yes, it is due to "spillover" from Family based category. (This is where DOS is using the word "spillover" and any visa number that go from one EB to another EB category, they all it "fall across" and "fall down"). These numbers used to be higher before and now lower as they are more efficient in using as many numbers as possible for a particular category.
4. Pending 485 data is extremely deceptive for "current" categories. Look at the approval timeframe of EB2 ROW or EB1 cases; majority of them are approved before ever counted as "pending". Remember. "pending cases" DO NOT reflect "usage".
The main thing missing in all these is the "USAGE", this should be a very easy information that can be made available by DOS, but they have not. If I had one "wish" to get one piece of info; would be this: "number of visa used in each category every month and YTD". Without that info, no prediction of spillover/fall down-across is ever possible.
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texcan
01-22 09:29 PM
I tell you what! There is nothing positive about having a green card. I have a green card and I don't see any difference. Same old stuff, except that I didn't gave my finger prints on my last visit abroad. I think they are extended that finger printing mechanism to green card holders too, so nothing special.
Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.
Thanks for enlightenment about GC. See if GC makes no difference at all , then we have to start living life right away. Otherwise when we get GC it will be a small burst of happiness ( as other have mentioned), and then same misery again.
more...
nosightofgc
01-19 07:29 AM
Very interesting. When we applied for 485/EAD/AP, our lawyer specifically asked for color passport copies of the first few pages. I went ahead and made copies of all pages. Am I in trouble?
Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.
I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
http://www.isso.cornell.edu/immigration/f1/f1.php
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
http://iso.truman.edu/index.php?type=current&id=f1
These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.
Color photocopy of passport, immigration documents, currency notes, etc. (a list of 8-10 items) are totally illegal in USA. You may face legal consequences. I have color copiers both photo and laser. User manual clearly states that.
I am not sure why B/W copy could be illegal. Most of univerisities recommend students to keep a photocopy of immigration documents safely. See these sites
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html.
http://www.isso.cornell.edu/immigration/f1/f1.php
http://www.beloit.edu/~oie/int_students/f-1_maintain_status.html
http://iso.truman.edu/index.php?type=current&id=f1
These photocopies are supposed to be kept safely and seperately from originals and supposed be used for requesting replacement while originals are lost. These photocopies are not supposed to be shown to anybody else otherwise. Trying showing photocopies to govt. officials such as police, dmv, immigration officers, etc. - there will be questions on this. But when requesting replacement of a lost I20 or a lost passport by providing a photocopy of original, question related to photocopy (B/W) will not be asked.
nixstor
07-05 01:05 PM
Who ever started this website should know that they are limited by the contributions from IV community. And we can only go so far in getting those contributions.
Instead of making this a paid site, why don't you create incentives to be 'contributing member'
> Publish a list of paid members and highlight their contribution and even sort them by total contribution. And mention 'anonymous' for those who don't want to be identified.
> Sell T-shirt with IV logo. And mention that 50% of the cost of T-shirt goes to IV fund. This works in two-ways, we get money and we get publicity.
> I don't prefer this but - create contributing-members only email-distro, or thread or section in the website.
RK,
Limited contributions is not equal to no contributions. Limited contributions from every one weill make us stronger.
Its not about getting extra privileges for paid members. No one (atleast me) wants a red carpet treatment her for paying 20USD. Its about fighting for a cause together. I dont think I need to underscore how Barrack Obama raised 32.5 mil USD. Most of us want to be future Americans right, if not all. I guess you should take a moment to consider the importance of contributions in the US of A
Instead of making this a paid site, why don't you create incentives to be 'contributing member'
> Publish a list of paid members and highlight their contribution and even sort them by total contribution. And mention 'anonymous' for those who don't want to be identified.
> Sell T-shirt with IV logo. And mention that 50% of the cost of T-shirt goes to IV fund. This works in two-ways, we get money and we get publicity.
> I don't prefer this but - create contributing-members only email-distro, or thread or section in the website.
RK,
Limited contributions is not equal to no contributions. Limited contributions from every one weill make us stronger.
Its not about getting extra privileges for paid members. No one (atleast me) wants a red carpet treatment her for paying 20USD. Its about fighting for a cause together. I dont think I need to underscore how Barrack Obama raised 32.5 mil USD. Most of us want to be future Americans right, if not all. I guess you should take a moment to consider the importance of contributions in the US of A
more...
nitkad
03-19 12:09 AM
Agreed.
:D
:D
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ita
02-02 03:25 PM
desi3933,
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
Thanks for your response. I did little digging on the H1 LCA front.Here's what I found out and I have one question too.
Now I've a LCA for my H1.But I also found out that each time I (employee) changes location there will be a new LCA and it's not one LCA per H1, at least in case of consulting.
I guess if there is a RFE we have to attach all the W2 and all the H1 LCA's. LCA has a start date and end date. Now my company says they don't have previous LCA.
If they say they don't have it then I don't know if they will be able to give me LCA if I leave the company and if there is RFE later.
All my W2 amount(s) are in good shape compared to the latest LCA which is for one of major metro areas in NorthEast.
Do you have any idea ,in case of RFE, what happens if we just send W2 without LCA/ with latest LCA?
Thank you.
W2 should be fine in most cases. Additionally, employment letter stating job duties, salary offered, dates is very useful. Please note that this salary could be different from GC Salary, however, it must be within the salary range mentioned in H1 LCA.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
cygent
03-21 04:35 PM
Hello all,
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
How do you determine if the category filed is EB2 or EB3? How can you find that out from which document?
Thanks!
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paskal
01-21 02:21 AM
i like the way you did this
i wonder though if it's better to adjust it for depnedents
per USCIS figures the average is 2.5 individuals in a family for each approval
The timeline is stunninh when you put that in.
I will retire or die before a GC......!
i wonder though if it's better to adjust it for depnedents
per USCIS figures the average is 2.5 individuals in a family for each approval
The timeline is stunninh when you put that in.
I will retire or die before a GC......!
more...
Jaime
09-12 11:39 PM
Tri-State and neighboring states, you can definitely make it to DC easily! What's stopping you? Let's go! Let's make the rally a historic event!!!! TOGETHER WE CAN!!!!
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dotnetguru
04-07 12:23 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
first of all cut this BS. citizens and GC holders have different queues at POE and all visa people have different queues.how the hell ur friends heard the officers questions.do they have snake ears or what.use ur common sense.
i came recently on march 20th and how come i did not see when there were 50 desis in the visa's queues.stop these rumours.
i went to sbi when i was in india. that sbi manager came to know this and he was telling about that.i thought it might be a rumour but it still gave me couple of sleepless nights.see how fast this BS is spreading.
more...
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eager_immi
07-24 07:09 AM
A guy with visa #current in June, his check got encashed.Guys, check this thread out. sanjay is saying he got his checks cashed.
http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque
http://immigrationvoice.org/forum/showthread.php?t=10994&highlight=cheque
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nomi
12-11 02:32 PM
I think we should spend more time to explore this option too. If USCIS make this rule which alllow us to file I-485 with out PD current that will be big relief for us.
more...
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dealsnet
03-19 11:12 AM
The conservative approch for the dependants is 1.2 to 1.5 times the labor approvals. Not all people have a dependants.
Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.
From the PERM statistics,
ROW adjustment should be 55% from the total number of pending cases
EB3 are 30%
If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
Husband and wife have labor approved. Like my case, my wife have labor approved, but I have file with my labor, which have older PD. Working family with husband and wife in H1B most of them have labor approved. So the actual number will be diffrent.
From the PERM statistics,
ROW adjustment should be 55% from the total number of pending cases
EB3 are 30%
If the total number of case pending with USCIS is 833,141 (all I-485 including Family based) (based on 12/31 numbers), so EB3 ROW are only 137,468. This means that with the current trend of DOS to avoid wasting GC we should expect the cut-off dates for EB3ROW to be 2006/2007.
Even if I take your figures at face value, I see a shortage of 60000 visas. This is because we need to consider that each LC will use more than one EB visa (due to family members). If I take a conservative figure that there will be one dependent for each LC candidate, we will need 200,000 EB visas for the 100,000 LCs.
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gc_on_demand
11-12 03:24 PM
Under the regulation No reference to Calendar year. It mentions explicitly calendar quarter.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
Immigration and Nationality Act: Section ACT 202 - Numerical Limitation to any single foreign state under Sec. 202. [8 U.S.C. 1152]
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
(B) LIMITING FALL ACROSS FOR CERTAIN COUNTRIES SUBJECT TO SUBSECTION (e)- In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(b) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(b)consistent with subsection (e) (determined without regard to this paragraph),in applying subsection (e) all visas shall be deemed to have been required for the classes of aliens specified in section 203(b).
Isn't there a limit of 27% of visas per quarter per country per calendar year ? If that limit is there then who will take precedence ? Quarterly Spill over or that limit ?
To me I think DOS is doing 27% quota limit for first 3 quarters then they are doing spill over so there is no quarterly spill. What if they will show us that there is a limit per quarter in law and they have to follow it. Is it something like deadlock. that trying to follow one law breaks another one.
What if we end up getting response that there is some action needed from Lawmakers to correct law..
just random thoughts.
more...
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GCStatus
09-18 12:01 AM
You cornered me? On what basis? You throw insult and that is your definition for cornered? Is there any logical argument that prove that I am wrong and you are right? Grow up and don't poison this thread with your pointless insults
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
Omg, easy. This is embarrassing. You completely took it out of context. Its all good ok, its all good.
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mhathi
03-17 11:42 AM
There are several of us who have been left with no choice but to file under EB3 by our employers, despite qualifying for EB2 at least.
Maybe the lawmakers should understand this plight...
I am forced into EB3 despite having a US Masters due to the same situation, but I wonder what lawmakers can do about this. The best way will be for us to lobby for relief in all EB immigration categories; not just EB1 or EB2.
Which is what is IVs stated goal anyways.
Maybe the lawmakers should understand this plight...
I am forced into EB3 despite having a US Masters due to the same situation, but I wonder what lawmakers can do about this. The best way will be for us to lobby for relief in all EB immigration categories; not just EB1 or EB2.
Which is what is IVs stated goal anyways.
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nlssubbu
09-24 01:59 PM
Hi,
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
It will be much better if this is done in India by your relatives, get it notorized. They can scan it and send it as an attachement through e-mail, which you can print it over here.
This will be much quicker rather than trying to find someone authorized to do this translation over here.
Appreciate ur quick response.
so i need to get the affidavit from notary signed that it is a true translation from telugu to english so this is a replacement of English DOB Certificate.
It will be much better if this is done in India by your relatives, get it notorized. They can scan it and send it as an attachement through e-mail, which you can print it over here.
This will be much quicker rather than trying to find someone authorized to do this translation over here.
yabadaba
09-10 04:07 PM
thx for catching that.. i m sending it now to my school
WeldonSprings
10-17 11:58 AM
USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
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