EB2DEC152005
08-13 10:49 AM
My I-485 case is current right now. If I change my employer(whoever sponsored Green Card) to a new employer, what are the concequences? I want to do H1B transfer because I am not using EAD right now, should I file AC21 or not?
Priority Date: Dec/15/2005
Service Center: NSC
Priority Date: Dec/15/2005
Service Center: NSC
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vdlrao
03-31 02:58 PM
Very well said.
1. DOS has to move fast in May to test if there are hidden demand (ppl who missed 07/2007 filing, porting, dependent filing). Those new filing cannot get be approved before October 2011. So they can move up to Nov/Dec 2006 safely in May. Also DOS/CIS, who communicate with each other for sure, will know they should process those pre-adjudicated cased first to clear the inventory.
2. In June, July, August, they could be cautious but still move ahead up to March 2007.
3. September is critical, as that time, if DOS doesn't want to waste any quota, (100% CIS cannot approve any cased filed in that month), they have to move to a point to get all quota used. Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C.
4. Porting (6K this year), New filing (ppl who missed 07/07 with PD before 07/07), could have a negative efffect
5. The inventory for EB2 I/C is about 34K before 07/2007 (based on DOS October/2010 and CIS inventory)
6. This is very close. Will DOS move beyond 07/2007 a little to allow new filings (those won't get approved in Sept) and also make CIS easier to clear all 07/2007? This will be a judgement call. I am 50/50 on that.
7. There are many factors that will play in the scenario.. But I am sure EB2 I/C 09/2011 PD will be pass
May 2007 100%
June 2007 80%
July 2007 60%
Sept 2007 30%
Nov 2007 10%
Dec 2007 or Current 0% (DOS/CIS learned the lesson)
Explantion is Very rationale rodnyb. Thanks.
1. DOS has to move fast in May to test if there are hidden demand (ppl who missed 07/2007 filing, porting, dependent filing). Those new filing cannot get be approved before October 2011. So they can move up to Nov/Dec 2006 safely in May. Also DOS/CIS, who communicate with each other for sure, will know they should process those pre-adjudicated cased first to clear the inventory.
2. In June, July, August, they could be cautious but still move ahead up to March 2007.
3. September is critical, as that time, if DOS doesn't want to waste any quota, (100% CIS cannot approve any cased filed in that month), they have to move to a point to get all quota used. Based on 12K/half year, or 12K/year from EB1, say 20K be safe this year from EB1. 7K from EB2 ROW as last year, 8K from EB3, 0 from FB (EB2 get only 10k/4 last year as 10K FB is divided by Eb1/2/3/4), and normal 2.8K for EB2 I/C each (6K total), there are total 41K possibly for EB2 I/C.
4. Porting (6K this year), New filing (ppl who missed 07/07 with PD before 07/07), could have a negative efffect
5. The inventory for EB2 I/C is about 34K before 07/2007 (based on DOS October/2010 and CIS inventory)
6. This is very close. Will DOS move beyond 07/2007 a little to allow new filings (those won't get approved in Sept) and also make CIS easier to clear all 07/2007? This will be a judgement call. I am 50/50 on that.
7. There are many factors that will play in the scenario.. But I am sure EB2 I/C 09/2011 PD will be pass
May 2007 100%
June 2007 80%
July 2007 60%
Sept 2007 30%
Nov 2007 10%
Dec 2007 or Current 0% (DOS/CIS learned the lesson)
Explantion is Very rationale rodnyb. Thanks.
gc_vbin
04-01 12:48 PM
I too had similar thoughts.. why would CIS/DOS stop keeping buffers? Is there any particular reason? Once they complete all 7/2007 applications I think it makes sense to move the date for a few months so they can accept applications. Also, remember there will be new monthly quota getting allocated to all categories. So to use those numbers should they not be progressing dates?
Rodnyb,
The below number is depressing, however dont you think DOS/USCIS always believe in keeping buffer and they may push the dates somewhere into 2009 just to accept 485 filings?
Why do think they will stop keeping any buffer?
[QUOTE=rodnyb;2494192]Teddy, I agree some of your data. Mine would be (90% confidence level)
0 pass 09/31/2007
Rodnyb,
The below number is depressing, however dont you think DOS/USCIS always believe in keeping buffer and they may push the dates somewhere into 2009 just to accept 485 filings?
Why do think they will stop keeping any buffer?
[QUOTE=rodnyb;2494192]Teddy, I agree some of your data. Mine would be (90% confidence level)
0 pass 09/31/2007
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yabadaba
04-17 03:56 PM
fill the form and send it...also be a little technical...mention that the I-9 requires the proof of xxxxxx documents, with I-765 Employment authorization document being one of them.
Tell them you are a US worker as per the definitions laid out by the dept of Labor. Mntion that while you do have a H1B visa, which makes you a temporary worker not subject to the citizenship status discrimination prevention provisions, you are currently adjusting your status to a permanent resident and are availing yourself of the provision of I-765, thereby being a legal US worker as defined by the DOL and thereby would avail of the protection provded to you under the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. � 1324b.
Tell them you are a US worker as per the definitions laid out by the dept of Labor. Mntion that while you do have a H1B visa, which makes you a temporary worker not subject to the citizenship status discrimination prevention provisions, you are currently adjusting your status to a permanent resident and are availing yourself of the provision of I-765, thereby being a legal US worker as defined by the DOL and thereby would avail of the protection provded to you under the anti-discrimination provision of the Immigration and Nationality Act, 8 U.S.C. � 1324b.
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BharatPremi
09-25 02:07 PM
I dont get this - the PDF clearly mentions that the table is for ALL PENDING EMPLOYMENT-BASED 485s. So that means: -
1. It does not include any Family-based 485s.
2. This is not a count of just pre-adjudicated cases - this is a count of ALL PENDING CASES.
3. And since this is a count of ALL PENDING CASES, it also means that ALL DEPENDENT CASES are also included in this count - all DEPENDENTS HAVE TO FILE THEIR OWN 485s!
Sometimes I just wonder, if most people here on this board have an illness or over-analyzing everything. It is so simple if you just read what is stated and take it at the face!
The only thing I can tell is most of us are trying to search "light" from this "black and dark cloud". USCIS does not seem to be agree with what you are saying. Please have this trend chart and the worksheet in this thread together and then you will realize what we all are saying.:)
1. It does not include any Family-based 485s.
2. This is not a count of just pre-adjudicated cases - this is a count of ALL PENDING CASES.
3. And since this is a count of ALL PENDING CASES, it also means that ALL DEPENDENT CASES are also included in this count - all DEPENDENTS HAVE TO FILE THEIR OWN 485s!
Sometimes I just wonder, if most people here on this board have an illness or over-analyzing everything. It is so simple if you just read what is stated and take it at the face!
The only thing I can tell is most of us are trying to search "light" from this "black and dark cloud". USCIS does not seem to be agree with what you are saying. Please have this trend chart and the worksheet in this thread together and then you will realize what we all are saying.:)
AreWeThereYet
09-10 03:42 PM
I think it is the part of their process. I went an infopass the other morning and the IO gave me the same response. She said every thing was fine with my application. It was pre-adjudicated and now waiting for a review now that my priority date is current. She asked me to wait for 60-90 days. But I got the approval same afternoon :)
Today I and my wife had an infopass appointment and were told that our I485 case is in Adjudication review and should expect an interview soon. I asked the officer is there anything wrong and he replied back that everything is fine. I am not sure what adjudication review is and why there is an interview if everything is fine :confused:
We also opened SR on 9/1/2010 and I got the response today for the SR request and it has the following details
"Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter." Does this mean that we will not get the GC atleast in the next 60 days?
Did anyone had an interview before or anyone know what should we expect in the interview.
Thanks in advance.
Today I and my wife had an infopass appointment and were told that our I485 case is in Adjudication review and should expect an interview soon. I asked the officer is there anything wrong and he replied back that everything is fine. I am not sure what adjudication review is and why there is an interview if everything is fine :confused:
We also opened SR on 9/1/2010 and I got the response today for the SR request and it has the following details
"Your case is currently under review. You should receive a decision or notice of other action within 60 days of the date of this letter." Does this mean that we will not get the GC atleast in the next 60 days?
Did anyone had an interview before or anyone know what should we expect in the interview.
Thanks in advance.
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BharatPremi
09-24 06:13 PM
Look at histrocial approval you will know your assumption is incorrect. ROW gets more than half the numbers in any category.
Yes, it is possible that my assumption is not correct. That is why it is an assumtion:).
But till I get some "authentic" base to count on I do not have any way other than logical assumption.
As data what you presented, it was indeed a low rate of approvals for Eb3-I with comparison to EB3-ROW but that was mainly due to the fact that lot many Indians were screwed and stuck in state based labor queue and PERM queue and I-140 queues for years where as EB-ROWS guys did not face that punishment as intensively as we did.
Yes, it is possible that my assumption is not correct. That is why it is an assumtion:).
But till I get some "authentic" base to count on I do not have any way other than logical assumption.
As data what you presented, it was indeed a low rate of approvals for Eb3-I with comparison to EB3-ROW but that was mainly due to the fact that lot many Indians were screwed and stuck in state based labor queue and PERM queue and I-140 queues for years where as EB-ROWS guys did not face that punishment as intensively as we did.
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rock
06-22 10:30 PM
I am going for concurrent 140 & 485. Can I apply for EAD and AP now? or do I need to have my 140 cleared before I can apply for EAD and AP?
Hi Guys,
I am also in the same situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.
I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485.
I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file
EAD and AP even though the priority dates are not current.
I would appreciate the answers.
Thanks
Hi Guys,
I am also in the same situation. Recently I changed the employer. My new employer is going to file I-140 and I-485 using the Labor substitution.
I also want to file EAD and AP but the company attorney is saying it is safer to file the EAD and AP once the I-140 is approved. Can any one please answer this is true or not? Should I wait for I-140 to be approved or should I try convince the attorney to file EAD and AP also along with I-140 and I-485.
I have one more question which is if We do not file the EAD and AP along with the I-485 and once the priority dates are retrogessed. Can we file
EAD and AP even though the priority dates are not current.
I would appreciate the answers.
Thanks
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vinabath
07-10 09:46 AM
Why would they think like that?, USCIS made a mistake. They tried to cover (by making visas unavailable) their ass to save their jobs. Thats why we have congress to help us out.
For USCIS its a bad publicity.
I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"
For USCIS its a bad publicity.
I am telling you guys, the USCIS is gonna SERIOUSLY think "Lets keep screwing these guys and getting free stuff AND free publicity"
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mayitbesoon
10-23 04:59 PM
My husband's EB2 Dec 2003 I-485 is at NSC and has been pending. Called customer service using POJ method and got an answer that the application is assigned to IO.
We have replied to RFE two months ago.
Can anyone guess how long it usually takes for IO to actually look at it and approve.
Does it help to file DHS form 7001 or contacting congressman at this point.
Thanks
We have replied to RFE two months ago.
Can anyone guess how long it usually takes for IO to actually look at it and approve.
Does it help to file DHS form 7001 or contacting congressman at this point.
Thanks
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Foster2007
07-16 02:09 AM
Can he be sued for repeatedly misreporting facts?
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GCVictim
08-24 12:37 PM
If you give my reference we both will get 2 months free.
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pbuckeye
04-01 03:41 PM
Ron posted similar message:
Process after NVC receives the checklist (http://www.immigration-information.com/forums/family-based-immigration-10/process-after-nvc-receives-the-checklist-13802/)
Re: Process after NVC receives the checklist
They generally request payment for cases that are within a certain interval of being current. For example, yesterday, we received a fee bill for an India EB2 case with a September, 2007 priority date that has been pending at the NVC for several years.
Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
Process after NVC receives the checklist (http://www.immigration-information.com/forums/family-based-immigration-10/process-after-nvc-receives-the-checklist-13802/)
Re: Process after NVC receives the checklist
They generally request payment for cases that are within a certain interval of being current. For example, yesterday, we received a fee bill for an India EB2 case with a September, 2007 priority date that has been pending at the NVC for several years.
Wait a minute, how was this India EB2 case even allowed to file I-485 when that PD has never been current? The lawyer alleges that it has been pending for several years.
Does this "fee bill" have nothing to do with 485 filing? Is it just plain wrong or am I missing something obvious here?
Perhaps he meant September 2006.
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delhiguy79
10-17 07:17 PM
gc_chahiye is correct - this is precisely why my lawyer advised me not to go with 2nd set of 485 + if one gets rejected the other one automatically gets rejected (when both are combined)
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
AS FAR AS I KNOW IN MY LAST CONVERSATION WITH RAJEEV KHANNA ... THAT EVEN IF U COMBINE TWO APPLICATIONS THEY ARE TREATED SEPARATELY AS BOTH ARE ON DIFFERENT 140s...COMBINING MEANS JUST TO INFORM USCIS THAT TWO 485s HAVE BEEN FILED FOR THE SAME PERSON.... ONE AS PRIMARY AND ONE AS DERIVATIVE....
We decided to go for 485 that had older PD
I know someone who applied for 2nd set and then withdrew the 2nd application as soon as he got Receipts (his application was in Neb and wife's was in Texas << this could lead to major delays as the files are now physically located in different centers)
With all the confusion and movement of applications to different centers... things can only get complicated in my opinion. One can only hope for the best
AS FAR AS I KNOW IN MY LAST CONVERSATION WITH RAJEEV KHANNA ... THAT EVEN IF U COMBINE TWO APPLICATIONS THEY ARE TREATED SEPARATELY AS BOTH ARE ON DIFFERENT 140s...COMBINING MEANS JUST TO INFORM USCIS THAT TWO 485s HAVE BEEN FILED FOR THE SAME PERSON.... ONE AS PRIMARY AND ONE AS DERIVATIVE....
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ski_dude12
09-22 08:56 PM
Congrats!
Did you directly get card production ordered or approval then CPO?
Got RFE (sept 10, 2010). was working on RFE (medical report needed)..
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :confused: and talk to my attorney. Confused yet happy
Did you directly get card production ordered or approval then CPO?
Got RFE (sept 10, 2010). was working on RFE (medical report needed)..
Today I spent around $300 to start medical exam report. I've to still to do lab work and may need x-ray. I was working with my swollen arm and got this message..
Your Case Status: Card/ Document Production On September 22, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
-----
Now I have to wait.. I will skip tomorrow's lab :confused: and talk to my attorney. Confused yet happy
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Dhundhun
10-05 08:35 PM
She was at initial review stage till Oct 2nd and not preadjudicated and separated from primary case and bingo on 5th she jumped to CPO...
Good to know that "Initial Review" can jump to CPO.
I was looking for this answer, since USCIS website changed.
Congrats and Thanks
Good to know that "Initial Review" can jump to CPO.
I was looking for this answer, since USCIS website changed.
Congrats and Thanks
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ndialani
10-05 02:31 PM
I m Aug-04, TSC, EB-2 .....still waiting!
Opened SR 9/5/2009...got letter from CRIS...wait 6 months.
For my wife , we got 60 days wait letter.
I m the primary applicant!
Has anyone ,tried to contact Congressman/Senetor's office?
How can i do it?
I m in Orange county, CA.
Opened SR 9/5/2009...got letter from CRIS...wait 6 months.
For my wife , we got 60 days wait letter.
I m the primary applicant!
Has anyone ,tried to contact Congressman/Senetor's office?
How can i do it?
I m in Orange county, CA.
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crksd
10-16 02:56 PM
Not been a close tracker all these years, but it all changed at the beginning of October ;)
But, both my wife and I received CPO e-mails this morning. No welcome e-mails.
These are some important events in my journey -
First H1-B - October 2004 (Company X)
Labor (regular) filed on Jan 20th, 2005 (EB2)
I-140 filed in August 2006 (Company X)
I-140 approval in June 2007
I-485 filed August 2007 (Company X) (EB2, India)
Second H1-B in October 2007 (Company X)
Applied for EADs and APs twice since filing our I-485s (Company X)
Wife and I had a USCIS interview in July 2009 (Company X)
One LUD immediately after the interview
No RFEs ever
Case status showed up as in the "initial review" stage till this morning when the status changed to "Document Production or Oath Ceremony"
But, both my wife and I received CPO e-mails this morning. No welcome e-mails.
These are some important events in my journey -
First H1-B - October 2004 (Company X)
Labor (regular) filed on Jan 20th, 2005 (EB2)
I-140 filed in August 2006 (Company X)
I-140 approval in June 2007
I-485 filed August 2007 (Company X) (EB2, India)
Second H1-B in October 2007 (Company X)
Applied for EADs and APs twice since filing our I-485s (Company X)
Wife and I had a USCIS interview in July 2009 (Company X)
One LUD immediately after the interview
No RFEs ever
Case status showed up as in the "initial review" stage till this morning when the status changed to "Document Production or Oath Ceremony"
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bikram_das_in
08-20 11:49 AM
Is there any contract obligations for this?
Raju
06-29 04:12 PM
This is like playing with people's minds. I really dont care at this point if I get my GC or not. I hope people who create this kind of havoc die a rotten death.:mad:
pappu
10-17 10:04 AM
SA 3275. Mr. LEVIN submitted an amendment intended to be proposed by him to the bill H.R. 3093, making appropriations for the Departments of Commerce and Justice, and Science, and Related Agencies for the fiscal year ending September 30, 2008, and for other purposes; as follows:
At the appropriate place, insert the following:
SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.
(a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--
(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;
(2) the average time taken to complete each type of background check;
(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and
(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.
(b) Recipients.--The congressional committees listed in this subsection are--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on the Judiciary of the House of Representatives; and
(4) the Committee on Homeland Security of the House of Representati
This does not go far enough to solve the problem. A lot more work is needed to get an immediate fix to the problem.
At the appropriate place, insert the following:
SEC. __. ANNUAL REPORT ON DELAYED BACKGROUND CHECKS.
(a) In General.--Not later than 60 days after the end of each fiscal year, the Director of the Federal Bureau of Investigation shall submit a report to the congressional committees listed in subsection (b) that contains, with respect to the most recently completed fiscal year--
(1) a statistical analysis of the number of background checks processed and pending, including check requests in process at the time of the report and check requests that have been received but are not yet in process;
(2) the average time taken to complete each type of background check;
(3) a description of the efforts and progress made by the Director in addressing any delays in completing such background checks; and
(4) a description of the progress that has been made in automating files used in the name check process, including investigative files of the Federal Bureau of Investigation.
(b) Recipients.--The congressional committees listed in this subsection are--
(1) the Committee on the Judiciary of the Senate;
(2) the Committee on Homeland Security and Governmental Affairs of the Senate;
(3) the Committee on the Judiciary of the House of Representatives; and
(4) the Committee on Homeland Security of the House of Representati
This does not go far enough to solve the problem. A lot more work is needed to get an immediate fix to the problem.
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