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lazycis
12-20 08:54 PM
I think so. I went in an out of country 4 times. 2 Indian trips and 2 Canadian trips.
That's just another proof. A person who accumulated more than 180 days of unlawful presence is inadmissible into the US (at least for 3 years).
That's just another proof. A person who accumulated more than 180 days of unlawful presence is inadmissible into the US (at least for 3 years).
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cessua
08-17 05:29 PM
I don't get it.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
How can:
VB-April07 EB3-ROW PD be Aug-02
VB-MAy07 EB3-ROW PD be Aug-03
VB-June07 EB3-ROW PD be June-05
..and then:
VB-Sept-07 EB3-ROW PD be Aug-02
Are you telling me they haven't processed any EB3-ROW 485 during all those months? Why does it go all the way back to Aug-02???
Sometimes i consider seriously giving up:(
Need someone to give me the motivation to keep waiting... something logical i can understand.
rongha_2000
11-14 05:17 PM
Does this vote gives us an overview of how the PDs might be spread out all over? From this poll, it looks like there are not many applications from Jan 2005 onwards as compared to prior to Jan 2005.
Once that back log is cleared, things wont be as bad for the rest? What do you think?
Once that back log is cleared, things wont be as bad for the rest? What do you think?
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smuggymba
09-10 06:06 PM
As of 05/10 's inventory report - there were ~200,000 GC application pending across ALL categories.
I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.
If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.
If they open the flood gates and let more applications to come in then this NET reduction is not possible.
more people keep of applying across all categories so the demand is not stagnant, it keeps growing.
I expect they would have reduced this backlog by 40,000 in the last 6 months . Will be verified by the next inventory report due , hopefully next month.
If they reduce the backlog by 40,000 "NET" per year , backlog should be over in next 5 years.
If they open the flood gates and let more applications to come in then this NET reduction is not possible.
more people keep of applying across all categories so the demand is not stagnant, it keeps growing.
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aroranuj
09-11 09:44 AM
Just called the House judiciary committe and was told that there are no markups planned for today. Apparently they havent figured out when they would like to come back next for the mark ups.
I believe instead of posting ideas for what we can do in the future we need to live in the present and not waste valuable time. We need to reenergize ourselves and spend any extra time that we have by making some calls...Please focus on this thread till the time there are no available updates...
http://immigrationvoice.org/forum/showthread.php?t=21393
I believe instead of posting ideas for what we can do in the future we need to live in the present and not waste valuable time. We need to reenergize ourselves and spend any extra time that we have by making some calls...Please focus on this thread till the time there are no available updates...
http://immigrationvoice.org/forum/showthread.php?t=21393
prioritydate
09-20 10:08 AM
These stories are scary
http://news.yahoo.com/s/ap/20080918/ap_on_bi_ge/ny_economy_4
By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET
ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.
ADVERTISEMENT
The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.
The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.
Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.
The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.
Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.
State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.
The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.
Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.
Oh man! that is really scary.
http://news.yahoo.com/s/ap/20080918/ap_on_bi_ge/ny_economy_4
By MICHAEL GORMLEY, Associated Press Writer Thu Sep 18, 1:03 PM ET
ALBANY, N.Y. - A new projection shows Wall Street's meltdown will likely cost New York state up to 40,000 private sector jobs and $3 billion in tax revenues over the next two years, two state officials said Thursday.
ADVERTISEMENT
The revised numbers in the snapshot of worst case estimates was done Wednesday at the highest levels of New York's state government.
The projection is worse than Gov. David Paterson predicted just Tuesday when he said the state could lose some $1 billion in revenue because of upheaval in the financial sector.
Wall Street is a major economic force in New York state, generating one-fifth of the state's revenues each year.
The officials spoke on condition of anonymity because they weren't authorized to comment on the fiscal analysis.
Both hits would be substantial. The total New York state budget including federal funds is about $120 billion, and the state has about 7.25 million private-sector jobs.
State officials used the model of the fiscal damage to New York after the Sept. 11, 2001, terrorist attacks. Then, Gov. George Pataki said it was the worst financial hit to New York since the Great Depression 70 years earlier.
The new analysis includes the stock market drop, lost revenue from transactions and projected lost income tax revenue from Wall Street jobs.
Three of the five major U.S. investment banks � Bear Stearns, Lehman Brothers and Merrill Lynch � have either gone out of business or been driven into the arms of another bank. The two remaining banks, Goldman Sachs Group Inc. and Morgan Stanley, are under siege.
Oh man! that is really scary.
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vgayalu
10-07 02:41 PM
Mine and spouse I 485 are approved on 5th Oct 2010 after RFE and answering it.
But Kids one is not approved showing online status as initial review.
I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
But I did not get answer for first SR. They are saying There is RFE on principal candidate application.
But that one is cleared and approved.
I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.
Is it or same kind of thing happened to any one else?
Please guide your experience.
But Kids one is not approved showing online status as initial review.
I called USCIS and came to know that I can not create second SR until I complete 30 days after answering first SR.
But I did not get answer for first SR. They are saying There is RFE on principal candidate application.
But that one is cleared and approved.
I escalated the issue to second level and then they are mentioning my kids one is also approved on last Monday. But still the online status is showing as initial review.
Is it or same kind of thing happened to any one else?
Please guide your experience.
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dreamgc_real
07-13 08:43 AM
Does anyone have the list of latest set documents required to file for 485.... can you plzzzz email/post it here... thanks
can it be done without the help of an attorney...????
Check out the USCIS site: USCIS - Application to Register Permanent Residence or Adjust Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D)
You can download the form as well as the instruction to fill out the firm.
As for filing it on your own - depends on how confident you are in your abilities to follow the instructions!!!!!!!!! Just kidding... Try filling the form on a copy.........
can it be done without the help of an attorney...????
Check out the USCIS site: USCIS - Application to Register Permanent Residence or Adjust Status (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3faf2c1a6855d010VgnVCM10000048f3d6a1RCR D)
You can download the form as well as the instruction to fill out the firm.
As for filing it on your own - depends on how confident you are in your abilities to follow the instructions!!!!!!!!! Just kidding... Try filling the form on a copy.........
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StuckInTheMuck
07-28 11:46 AM
Is this thread going anywhere in particular (that is relevant to IV)?
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ashkam
12-21 07:46 AM
Now I am really afraid. G-325 form has section to provide last 5 jobs. Since I had a gap, I didn't provide the details for the year 2001. I am royally screwed now! :(
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
G-325 does not ask for last 5 jobs, only last 5 year jobs, so you should be okay.
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madsat1234
03-17 10:24 AM
I140 Approved 2006
June 2007 filing 485
Got EAD & AP and FP Done
June 2007 filing 485
Got EAD & AP and FP Done
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GCKaMaara
04-08 09:26 AM
A few years back the IO's at Portland Oregon started harassing visitors. A Chinese businesswoman was sent back for no apparent reason. This lady came back through LA and sued the USCIS. The upshot of what happened at Oregon was that all international flights stopped coming to Oregon. So I wonder if the IO's ultimately got to keep their jobs!
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
When you talk about "tremendous" power it is not as if the IO can just send someone home because the IO had a fight with his/her spouse. Sending someone back from the POE will have to be documented rigorously with specific reasons assigned. Therefore an IO can determine that a student or visitor is a potential immigrant but I'm sure that reasons have to be documented. With an H1-B that cannot be the case so the only check the IO can run is to ensure that the documents are genuine. Remember someone has to pay for a person to be sent back. An airlines get fined if they bring in someone without proper documents. So to cut the long story short - the IO has a lot of power in that they can go through a lot of details but sending someone back is a pretty serious thing as a diplomatic row can erupt. No IO would want to lose his job by meaninglessly and fraudulently sending someone back.
Makes complete sense.
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alterego
07-18 05:30 PM
Looking at these figures and trying to read the tea leaves for the upcoming year is what this thread is really about. A noble if useless pursuit.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
There are some visas left for this year and most will go to EB2 India and China.
The USCIS has decided to give EB2I better attention that it has got for the last year or two. About time to be honest.
However that attention will not be at the expense of EB3I. If anything it will be EB3ROW that may feel some impact. EB3ROW is oversubscribed too. Clearly not as bad as EB3I but oversubscribed nevertheless, the VB in Oct. will reflect this. If any EB3ROW feel aggrieved by all this, he/she is free to jump above EB2I in the pecking order by merely stepping up to EB2ROW. Fair is fair and Eb2I should accept that.
EB1 and EB2ROW are the real red herring in all this. Those numbers have fluctuated quite wildly in the last 5-6 yrs as one can see from the charts in this thread. The number of applicants in those categories more than anything else will be the determining factor in the progress of Eb2I in the upcoming year. Given the slowing economy, the free access EB1 and Eb2ROW have had of late and the slowdown of 140 processing etc. I think that EB2I movement prospects look fair, but not bankable given the above issues. However the number of EB2 approvals seem set to be higher next year than for the last 2-3 yrs.
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Jaime
09-12 01:24 AM
You will have to wait for decades more, unless we all go to Washington and seize the change! Truth is on our side!!!! LET'S ALL GO!!!!! THIS IS THE TIME WE HAVE BEEN WAITING FOR SO LONG!!!
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gondalguru
07-11 02:03 PM
I think all the unused EB1 and EB2-ROW visa number trickles down to EB2 - India/China and thats the main reason for a big jump in EB2-India cut off dates.
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desi3933
01-31 07:55 AM
So does this mean that pending AOS has no meaning?
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
How about EAD.......if she switches to EAD in Feb with same employer and does not work from Mrach onward then?
My (mis)understanding was that as long as one has a pending AOS one can be in US without a job and paystub as long as one has a pending AOS.
Thanks for your help.
Well, you did not disclose before that she has pending I-485. That changes the whole scenario and provides lot more options.
She should change her status to AOS only by filing a new I-9 (provide EAD details) with her employer ASAP. This will cover her any period of unpaid leave (or benching). She can get back to H1 status by re-entering on H1 visa.
____________________
Not a legal advice.
US Citizen of Indian Origin
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rockstart
03-14 11:34 AM
EAD renewal delays will be on of the single issue on which I would defer AC-21 till I can find some one willing for an H1 transfer.
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newbee7
07-09 03:54 PM
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
Delhiguy,
YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.
BharatPremi
03-17 03:18 PM
But when that happens, I guess, guys in CP wil get their interview scheduled (as long as their PD is current; no RD date concept there) as the queue in CP is not as long. Correct?
In general CP ones get out of this mess first always... I know you are CP one and you would be out well before the guy having same PD but stuck in AOS.
In general CP ones get out of this mess first always... I know you are CP one and you would be out well before the guy having same PD but stuck in AOS.
rodnyb
04-11 01:05 AM
I agree wholeheartedly. CIS has the burden for cases. DOS should do sth. too, not just a number game. They should have exact visa approval number published every months. Due to this past pdf error, I have concerns on all their numbers published.. did they give enough numbers to CIS.. are all those reports which show they approved 140K EB real?
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
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.
If we know, they issued only 50K in 11 months, and we should have concern they can let CIS approve 90K in one month due to spill over... make sense? Or they can make it up some way?
Man, we paid for all these, and they even didn't blink...
Here, DOS has a bigger role than CIS...
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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