Tuesday, July 5, 2011

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  • BharatPremi
    09-25 01:50 PM
    I saw this link Murthy's email too. The total pre-adjudicated cases in the chart is matching with the total in the document. Well now there are more un-answered questions:
    1. Does all other pending 485 include employment based ? If yes what % are employment based ? Obviously we do not have any country specific data on these.
    2. Is there any way to know whether individual case is pre-adjudicated or not ?
    USCIS has fooled us again. No good statistical analysis can be done on incomplete/inaccurate data. I am going from hopeful to hopeless again. I am EB2-I Feb 2006.
    Thanks a lot for staying on top of this and posting your analysis.

    This trend chart/volume chart certainly represents both family and employment base applications. Following is my thought process now with keeping both trend chart and teh worksheet in this thread chain together.

    (1) In Worksheet USCIS claims total EB pending case 233816 by December 2009. Yet we
    have not reached to December 2009. Trend chart claims total pending 279031
    including family base applications. Since famaily to EB ratio is unknown I would
    consider worksheet's figure as authentic for pending EB based 485 cases. One practical
    clue for inclining to do this as I know USCIS has approved tons of green card in
    parental family category. Many of my friends have got GCs for their parents in a
    relatively very small time frame - 1 year

    (2) I remember somehow that out of 775000 485 applications in October 2007, there were
    around 300000 application were from EB category based on USCIS's published
    notification ( I tried to find it on internet but some how I do not see it now). If
    somebody has a more solid proof this stats from which we can derive nearly accurate
    ratio we may consider those stats. But as I mentioned in point 1 USCIS seems to have
    cleared more family bassed 485 with comparison to EB categories I would just
    assume for now that 60% preadjudicated cases and "awaiting customer action"
    and "New receipts" are from family category and 40 % are from EB category. Total
    preadjudicated cases per trend chart is 178418. 40% of that around 71367 - for the
    sake of easiness let's make it 71500. This way "awaiting cutomer action" cases for EB
    categories could be around 18-19000. "New receipt" cases could be around 18000
    roughly.

    3) Now total EB based 485 cases by July 2009 could be = Pending cases + preadjudicated
    cases + cases awaiting customer action + new receipts = 233816 + 71500 + 18000 +
    18000 = 341316. Just the sake for simplicity in assumption we may consider total EB
    based 485 workload with USCIS around 350000.

    4) "In general" the first lot who will come out from this gutter is "preadjudicated" then the
    lot "awaiting customer action" then the "pending ones" and then " new receipts"

    Now based on my talk with USCIS guy I can state that USCIS generated RFEs innear past for many cases as apart of preadjudication process, particualrly for may AAC21 usage related cases - Asking for proof of employment in the same job classification. According to that talk if USCIS gets required response to the RFE then USCIS settle that case in a "preadjudicated" shelf. In other words the AC21 guys who got the RFE - responded and case is resumed - most of them should be on "preadjudicted" shelf. If we call USCIS generally let us know that whether our particualr case is preadjudicted or not.Lucky one may get that reply in first call and somebody may have to try calling multiple times.





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  • mail2me_Ds
    10-01 03:53 PM
    I think if you have I-551 stamped on your passport then you do not need any other document. i-551 is as good as physical green-card. You can carry the approval notice with you. This is my opinion, do no quote on me.

    Thank you.





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  • arihant
    05-17 12:15 PM
    Hi,

    I was scheduled to travel outside US this summer for about 3 months. Then dates move past my PD and I have to apply for 485 in june. I have discussed these with the lawyer and want to confirm what she is telling me:

    1) I have to be in the country to apply for 485.

    2) FP notice will likely arrive in 3-4 weeks. But we have 84 days to reschedule this if needed.

    3) I was not planning on applying for EAD/AP at this time. However, she says that if I leave the country on H1, and 485 is approved while I am out of the country (HIGHLY unlikely but still possible), then I cannot come back into the country unless I have an AP. (This is the point that I mainly need clarification on!)

    4) If I DO apply for EAD/AP then I cannot leave the country until they are approved.

    5) Finally she cannot give me a timeline for how long EAD/AP would take. The service centers processing times show that they are currently processing Jan cases. Which means at least 4 months wait after applying for EAD/AP.

    Does any one know if any of the first four points are wrong. If so, what is your knowledge about the point that is wrong. Also, does anyone have any idea on point 5 (i.e. how long it is taking for EAD and/or AP these days).

    If you have any information, please respond ASAP, so that I can determine the best course of action before filing for 485.





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  • SmSm
    05-17 08:26 AM
    apply for EAD for sure as it will help if your wife wants to work.

    apply for AP if you think you will not have time to get the H1 and H4 visa stamps in your passport when you travel to your home country in that case you will have to entter back on AP



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  • drirshad
    12-31 02:12 PM
    Hey Guyz,
    Nice to see the heroes of the last fight together again. I was a little confused with the different forums but looks better now. The PDF doc link above for Comprehensive Immigration Bill (Feb-06) is not working can you please post the full link.

    Best regards,

    Irshad.





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  • CADude
    09-27 01:59 PM
    Today I have frank and candid talk with senator office staff. This time I put FIFO question in forefornt (becoz I know what she will hear from USCIS). She promised to raise the issue with USCIS senior staff. She requested to give my concern in writing again. Let's see if she makes any difference.

    Two issues raised with her in writing:

    1. My I-485 Adjustment Application was delivered and physically received to INS Express, Nebraska Service Center, Lincoln, NE on July 2nd 2007 @ 11:11 AM via USPS Express Mail (Tracking No. EXXXXXXXUS). It’s approx 90 days. I didn’t even receive the Receipt Notice from NSC. Please help me track the fate of my application.

    2. USCIS follows standard practice of First In First Out (FIFO) process. USCIS website reports issuing Receipt Notice for I-485 application received on August 2007. Why August received application are getting Receipt Notice and subsequent benefits (EAD, AP, etc) at the expense of July 2nd filed application? NSC have to work first on receipting and subsequent process of July 2nd application before NSC start working on July 3rd to August 17th Application. It’s unfair to applicant like me. I want honorable senator ask USCIS Management basic question, Why FIFO process is not followed?

    Either I will get a RN or my application will be back to me soon. :)



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  • Lasantha
    05-15 12:33 PM
    Thanks for the reply..Sanju.

    Would you know if you were to use AC21 after 180 days of filing 485, to change employer what you would need..?

    Do you need to change H1-B ???

    Thanks
    Hey Buddy, as far as I know when you use AC21 you loose your non-immigrant status but start working leagally. So changing H1 to the new company is not needed.
    And as far as I can think, if you change your H1 to a new company at that pont it might even affect negatively on your green card process. Please check that with a lawyer.





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  • GCBy3000
    06-25 05:39 PM
    $100

    Conf number: 40N352226W853005X

    I am seeing only the past contributors contributing again and again and also giving all the requried clarification on immigration issues for the non-contributing members. I am feeling like we(the contributors) are carrying dead weight with us.

    http://immigrationvoice.org/forum/showthread.php?t=5470

    We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.

    If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.

    We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.

    We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.

    At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.

    Thanks



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  • lotsofspace
    01-10 02:05 PM
    That is naive... AC21 is not an administrative decision of USCIS... It is a law... AC21 = American Competitiveness in the 21st Century act!! It was passed by congress and the only body that can revoke it is congress.

    USCIS cannot revoke AC21.. only congress can. Please dont be paranoid. The most USCIS can do is refuse to change their current stance on same/similar job.

    Gurus, correct me if I am wrong.

    I know that is ACT. But USCIS can interpret the provisions and make adjustments like what we are requesting. Similarly it can , IF THEY WANT TO, include a provision saying the job not only need to be in similar field, but it shall be in the same labor market because that is where you got your labor. I am not saying this is going to happen just because IVs effort.
    If the intent of the similar job requirement is not to hurt the local talent because that is that job that is advertised for, the restriction of the same labor market will serve the same purpose.

    That is a legitimate doubt and concern for some.

    IV has not done anything that could have a negative impact on your green card processing. IV is striving hard to change your lives.

    Shame on those who are scared or pessimistic. All you people do is to gaze at the sky and wait for the stars to fall.

    If you are so scared - how will u raise your children? What will u teach them? Cowardice? Will U teach them to run away from issues? Will u teach them how to not cooperate?

    Chandu, I have great respect for your enthusiasm , but why do you have to be so hostile to a person that does not seem to think the way you are thinking. Different people react differently for the same news. I am not sure your rant has any back ground with any other post by the people you are pissed off about ;)

    I thought pappu said these points have already been discussed with administration, and we are running this campaign because there have been positive signals.

    Lets rest our fears and trust the fixes and do our parts in this.

    And the above answers concerns some may have and shuts them up. Shouting at them definitely will not help any body's cause. What has getting a GC to do with how you raise your children ?

    Since when this immigration is a BIG issue in USA...... remember the BIG Rally ?? Some of the efforts with positive intentions may have a negative consequences in the short term or a long term.





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  • newtoearth
    06-16 03:25 PM
    But you have put your post in the forum and in this thread. You didn't send him PM.

    It seems, you have no answers to my questions in mentioned in the post. That's why you have chosen personal attack.

    Have a good day!

    I addressed it to OP, are you same?



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  • gc_chahiye
    06-29 06:03 PM
    I have a few theories on this. This is meant just to open discussion.

    1) The USCIS and State department are not communicating at all. This is not at all uncommon within gov't agencies as we all know.
    The State Dep't released the bulletin perhaps without realising the full ramifications. Having heard from the USCIS..........hey hey hey what the F&^% are you doing? They may have realised over the last few weeks what a mess they have on their hands. Now they are trying to undo it.



    thats possible. I thought the Ombudsman also said something to this effect. that these three (DOL/USCIS/DOS) dont talk to each other as well as they should. Also, apparently visa dates are set by ONE person who does all the number crunching. that seems to be weird. There should be a more transparent mechanism of doing all this.


    2) Another possibility I can think of, is that this is a grand plan(heck I almost said grand bargain) concocted by the USCIS to get 485s OUT of the system as much as possible while minimising those that can get IN. Hence you might see in the coming few weeks thousands of approval letters all dated the 2nd of July. That will allow them to clear their backlogs of pre-approved, approvable cases and clean the slate fresh for the new fees structure/new quota in the new year. Some of you might remember they retrogressed to unavailable around this time 2 yrs ago. They do these weird things in the 4th quarter.


    the U two years ago was apparently because USCIS somehow used up more visas than they should, and ate up all the numbers from the next quarter. Apparently that was the only year they did not waste visa numbers.

    I guess hte only reason they dont want applications IN the system is because it looks bad on them (# of backlog cases); otherwise whats the harm: take the file and stick it on a shelf. As the applicant keeps coming back for EAD/AP
    keep milking them for money. win-win.



    3) Of course the last option is their brains have the same IQ as that of any common critter that messes up your garden.

    Pick your poison, it is all the same. I feel for everyone whose hopes were raised so high. It is truly inhumane of them. If they planned this, they should atleast have delayed the release of the July VB.

    I would think its #1. The miscommunication across these govt. bodies. We pay the price, there will possibly be a lawsuit (which will be quickly settled) and some heads will roll.





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  • santb1975
    01-11 10:35 AM
    ^^^



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  • Kushal
    11-24 07:23 PM
    I am sure you must have thought a lot before the 'foreclosure' came into your mind. Here is an advice. If there is not too much that you will have to put out from your own pocket, then it is better to take the hit and move on.

    If you do foreclose, it might not be the best for credit history as well as in some random cases, job search. Jobs usually do a background check and that includes credit check in some cases as well. I hope it has no bearing but in some cases can. I don't think it will have any impact on your GC. Even if you don't have plans to buy a house, there are far more things that can impact. None of us want to live on credit but in US it is almost a necessary evil. Car, credit cards and the other nine yards that come with it also become scarce for the next few years. So, tread carefully.

    Have you discussed with your bank? Foreclosure is a huge hit for the bank and they may be able to work with you on what you owe.

    All the best.

    Why do you have to live on credit?....you can go cash rich!!





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  • amitjoey
    07-09 06:34 PM
    This is great news, it will definately make a good story.



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  • CADude
    09-20 01:25 PM
    I sent same message which i sent to congressmen and senator(please see page 4). I provided following info.

    Details as provided below:
    Name of Applicant: XXX
    “A” Number of Applicant: XXX
    Date of Birth: XXX
    USPS Tracking No: XXX

    if this helps.

    What case related info you would add in an email?
    SSN, dob, 140 info, approval date, Alien number?
    Pls. share this detail
    Thanks





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  • chandooo
    10-01 11:02 AM
    cut to short the message is for myself---we are still waiting for the visa number and for mywife ---case is under review. hope to wait and see????



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  • redsox2009
    04-04 04:09 PM
    We know EB2 - I dates have not moved since Oct ,2010 .
    So India regular quota for the last six months : 5800/2 = 1900 .

    Since dates have not moved, I am assuming 1900 should also be considered towards porting.

    so my conclusion is so far 1200 + 1900 = 3100 porting already took place. (though only 1900 really got GC)

    I think you meant to say 2800 not 5800. I'm correcting your statement.

    So India regular quota for the last six months : 2800/2 = 1400
    Since dates have not moved, I am assuming 1400 should also be considered towards porting.

    so my conclusion is so far 1200 + 1400 = 2600 porting already took place. (though only 1400 really got GC)





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  • meghanap2000
    10-20 03:05 PM
    Its good to hear from ppl that they got an Yellow form from Infopass etc... I have been to San Jose USCIS office multiple times asking for status.... I just don't receive any concrete information from them...Infact, they are even hesitant to create an SR to request an update...

    Any one else visited San Jose USCIS office? Similar experience, please share it with us...

    and What do u mean by stating that 485 is at local USCIS office? All 485 applications will b at either NSC or TSC, rite?

    I had an SR open for which i got the response as wait for 60-90 days and case is in the process of review.

    I went to Infopass (San Jose) twice and both times they said, i need to wait as your case just needs to get picked up for processing and every thing else looks ok...

    Called the NCSC and they also tell me to wait for 30-60 days....


    What other things can we do to actually get our case picked up?


    hI,
    My case was at local office for interview and transferred from TSC. If your case is at TSC..Please dont waste time by taking infopass. Only way for you to raise SR is to call i-800 number and request them to create SR. Infopass officers usually does not creates SRs.

    Thanks





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  • EB2DEC152005
    08-19 08:40 AM
    :D

    APPAS123: THANK YOU FOR YOUR SUGGESSTIONS, WE REALLY APPRICIATED.

    I DO NOT KNOW WHAT WORKED OUT.

    LAST MONTH I OPNED SR FOR ME AND MY WIFE.
    THIS MONTH SEND EMAIL TO OMBUDSMAN.
    SEND EMAIL TO NSCFOLLOWUP.
    TWICE WENT TO INFOPASS.
    CALLED SEVERAL TIMES CUSTOMER SERVICE.

    PRIORITY DATE: DEC 15 2005
    SERVICE CENTER: NSC
    CATEGORY: EB2

    JUST NOW GOT Card/ Document Production EMAILS.





    coopheal
    01-29 05:21 PM
    I had already mentioned my EAD status when they had the interview. But after acceptiing it I mentioned it again in the conext of I9 form. Then they said they cant offer me emp;oyment due to my being on EAD.

    This is a pretty big company. I understand that H1B is not protected under anti-discrimination for employment, but EAD holders, specifically those with AOS pending, are a protected against employment discrimination.

    Does anyone have any links to the above conclusion ? I am so tired of this BS. I have spent long enough in this immigration c**p that if I have leave, might as well leave with a fight.

    regards
    just anotherone of the expendable non-citizens

    On the EAD itself it is written that it is illegal to discriminate against folks who are having EAD. So if you have any written or verbal proof about employer saying no based on EAD you have a case of discrimination.





    seahawks
    09-14 12:31 AM
    you guys might want to talk to your attorneys. Most of the time attorneys ping with their contact in service centers and get some answers if it is still not receipted.

    Most of them have an email id whom they contact and find out normally. I am not sure if service centers are responsive if there are huge amounts of data entry still going on.



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