crazy_apple
07-15 02:57 PM
With USCIS what isnt odd! :).
I managed to find the NSC processing time archive from AILA - http://aila.org/content/default.aspx?bc=1016|8767|6739
See the 485 EB based processing timeline.
12/15/2007 - 04/24/2007
01/15/2008 - 07/19/2007
02/15/2008 - 07/30/2007
03/15/2008 - ?
04/15/2008 - 07/11/2007
05/15/2008 - 07/14/2007
06/15/2008 - 07/28/2007
This means that even processing dates go back and forward like priority dates! I dont think the July status is posted yet, but this definitely is interesting.
Hello,
I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
12/15/2007 Status - 04/24/2007
01/15/2008 - 07/19/2007
06/15/2008 - 07/28/2008
Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).
I managed to find the NSC processing time archive from AILA - http://aila.org/content/default.aspx?bc=1016|8767|6739
See the 485 EB based processing timeline.
12/15/2007 - 04/24/2007
01/15/2008 - 07/19/2007
02/15/2008 - 07/30/2007
03/15/2008 - ?
04/15/2008 - 07/11/2007
05/15/2008 - 07/14/2007
06/15/2008 - 07/28/2007
This means that even processing dates go back and forward like priority dates! I dont think the July status is posted yet, but this definitely is interesting.
Hello,
I am sure others might have noticed that 485 processing dates at NSC (for example) have literally crawled from the beginning of the year to now. Here are the processing dates (per USCIS status).
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
12/15/2007 Status - 04/24/2007
01/15/2008 - 07/19/2007
06/15/2008 - 07/28/2008
Thats roughly 9/10 days worth of 485 processing from mid-Jan to mid-Jun 2008. I wonder what the processing date looks like for the mid-July status update (which should probably be out tomorrow).
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senthil
02-08 09:55 AM
just a word of caution, after seeing these bulletin's for a while now.
"dont get your hopes high. it will be just a waste of your time"
"dont get your hopes high. it will be just a waste of your time"
PD_Dec2002
08-07 08:10 PM
Curios, is your employer desi. Wait for sometime, tell him that you need to go to your home country and need receipt notice to use your AP in return. Catch is you have to use your EAD & AP after return.
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
There's no catch at all.....according to my lawyer. He said even if you come back on AP, you can still work on your H-1B so long as it's valid.
Thanks,
Jayant
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ntpatil
11-10 06:14 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
Hi chaanakya,
Thanks a lot for your replies. I had a few more questions -
1. Did your wife fill a new I9 form with the same employer when she was back again (on H4). The reason I am asking is that when you enter again you get a new I94 and that needs to be reported on the I9.
2. If the primary applicants 485 gets denied, then the dependent who is using EAD becomes out of status. At this point what to do for the dependent. Does he/she need to go out of the country and return back with a new H4, or can we somehow get back to H4 status from the US itself (note that the primary applicant is still in H1 status)
more...
retropain
08-31 09:04 AM
if only we knew about this program in advance, we could've called. :mad:
vbkris77
09-23 08:06 PM
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
more...
ashres11
07-30 03:54 PM
My priority date is EB3 (August 2005). Last week her status changed to following. The thing is I checked with my lawyer & my employer and both said that they never received any RFE or never responded anything for my wife to USCIS.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Response to request for evidence received, and case processing has resumed.
On July 24, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our TEXAS SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
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nogc_noproblem
04-22 11:23 PM
Please don't give sensational heading like this�
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logiclife
06-14 06:07 PM
20 amendments is a lot of amendments. If 20 amendments bring 20 additional votes, but if 6 votes are lost due to these amendments, then I guess the cloture will still fail.
Last time the cloture motion got 45. They need 15. In getting 20 amendments, if they gain 20 -25 senators, they will also lose some. So its still not a done deal. And who knows if one of those 20 amendments is like the Byron Dorgan's bill killer amendment. That amendment to sunset the guestworkers program in 5 years is the biggest bill killer that got approved on wednesday by a vote of 49-48.
Last time the cloture motion got 45. They need 15. In getting 20 amendments, if they gain 20 -25 senators, they will also lose some. So its still not a done deal. And who knows if one of those 20 amendments is like the Byron Dorgan's bill killer amendment. That amendment to sunset the guestworkers program in 5 years is the biggest bill killer that got approved on wednesday by a vote of 49-48.
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unknown123
03-12 02:22 AM
I asked my lawyer same question... and she said you can port from EB3 to EB2 using same labor but employer has to withdraw approved I-140 first and this is really dicey.
Best option is to file new PERM + new I-140 and then port the PD
Best option is to file new PERM + new I-140 and then port the PD
more...
kdasbiswas
06-18 10:22 AM
If you have been unsuccessful in trying to get an appointment in NJ, try some NYC centers. I got mine done during the weekend at the following center:
Dr. Anthony D. Blau, Green Card Medical Exams
305 Broadway, 4th Floor, Room 444, New York, NY 10007
(212) 766-4433
On weekdays, they have walk-ins. And the best part - it is cheap only $185 for the whole thing - tests, shots, everything. Extremely professional, my wife and I got out within an hour of reaching there. We just have to go once more to check our skin.
Dr. Anthony D. Blau, Green Card Medical Exams
305 Broadway, 4th Floor, Room 444, New York, NY 10007
(212) 766-4433
On weekdays, they have walk-ins. And the best part - it is cheap only $185 for the whole thing - tests, shots, everything. Extremely professional, my wife and I got out within an hour of reaching there. We just have to go once more to check our skin.
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pappu
02-05 02:44 PM
Call the office and tell them you did not get the answer to the questions and issues you raised and want to speak with the person who handles immigration policy matters. Follow up with this person. Letters go to junior staff and issues get lost unless you contact the senior staffers and seek appointment from them.
more...
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bbenhill
08-05 05:54 PM
what kind of logic / law is here, if you are a US citizen you can marry and bring your spouse, if you are on pending 485 you can bring but if you become LPR you have to wait for 5 years......
Is there any background for this restriction......... looks stupid to me.:mad:
Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.
Is there any background for this restriction......... looks stupid to me.:mad:
Well H1B can bring their spouse using H4 .. so I guess GC holder can not bring their spouse .. I guess this is a hole in the system.
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mallu
02-29 01:43 PM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
I hope you "heard" it from others too and i read those things from some immigration sites . Don't have exact link. And GOD save folks from USCIS when people say they have N number of days of grace period for H1B status .
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
I hope you "heard" it from others too and i read those things from some immigration sites . Don't have exact link. And GOD save folks from USCIS when people say they have N number of days of grace period for H1B status .
more...
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rongha_2000
05-13 05:45 PM
^^^^^^^^^^^^
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gk_2000
05-05 10:13 AM
Even though the context of your question and intention is suspicious at best....it's actually a really good question.
Let me restate it for the benefit of others
BB: Mind pointing out what exactly is suspicious about me or my question?
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
Let me restate it for the benefit of others
BB: Mind pointing out what exactly is suspicious about me or my question?
And Grrrrr why only for the benefit of "others"? And I thot we were "friends"..
more...
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immique
06-18 07:54 PM
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
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rongha_2000
05-13 06:01 PM
Thanks, But how would I know the case number? Because it was filed by my company and I dont have any clue.
Also do you think there is any value in at least getting total number of LCs certified, by date and then basing our assumptions by proportioning how much each category is retrogressed? If we can actually get the real number and then making certain assumptions might still be more realistic than now when we dont know anything about how many LCs are in the queue. We might as well assume that those whose prority date is on or earlier than the certified date are approved (even if they are not) because they should be getting approved in a few months time. Especially EB3-I as I dont see rampant jumps in the priority date, you know what I mean?
To answer your questions.. I could narrow the search down by case number as well as Employer name. That should hopefully pinpoint your case. The SOC code is the one you use to ensure same or similar per AC21. You can get the descriptions from the SOC classifications. Just Google SOC job Classification and you should get it.
I had done some analysis as you suggest for EB3 India a while back, but was hampered by the fact that there is no information on country of chargeability for pre-perm cases.
Also do you think there is any value in at least getting total number of LCs certified, by date and then basing our assumptions by proportioning how much each category is retrogressed? If we can actually get the real number and then making certain assumptions might still be more realistic than now when we dont know anything about how many LCs are in the queue. We might as well assume that those whose prority date is on or earlier than the certified date are approved (even if they are not) because they should be getting approved in a few months time. Especially EB3-I as I dont see rampant jumps in the priority date, you know what I mean?
To answer your questions.. I could narrow the search down by case number as well as Employer name. That should hopefully pinpoint your case. The SOC code is the one you use to ensure same or similar per AC21. You can get the descriptions from the SOC classifications. Just Google SOC job Classification and you should get it.
I had done some analysis as you suggest for EB3 India a while back, but was hampered by the fact that there is no information on country of chargeability for pre-perm cases.
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gcwanter
06-15 11:39 AM
Is it true that the reports for the medical check will take almost 4 weeks to come back?
aadimanav
12-16 02:38 PM
..and (in theory) where will EB1-India overflow go ?
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
EB1 ROW
|
|
EB1 India, China, Mexico, Phillipines
|
|
EB2 ROW
|
|
EB2 India, China, Mexico, Phillipines
|
|
EB3 ROW
|
|
EB3 India, China, Mexico, Phillipines
|
|
Recyle Bin (here are the visas we want to recapture)
Is the above flow correct?
It's a bit more complicated than that:
Law comes from three sources:
Comman Law: Laws inherited from the british justice system (evolved over centuries).
Legislative Law: Laws passed by congress and signed by the Prez.
Regulatory Law: Regulations created by the regulatory agencies to implement the laws made by congress. Congres doesn't always finalize all the details to the last comma and leaves that work the relevant government agency. For example, FCC, SEC create regulations about how the congress' laws are to implemented. These regulations have to conform the laws passed by congress. These regulations have the force of law.
So when congress did not stipulate any specific overflow mechanism, it left it completely up to USCIS to work that out.
Historically EB2-RoW overflowed to EB2-India and EB3-Row overflowed to EB3-India. Soon after EB3-RoW was retrogressed, USCIS channelled EB2-RoW to EB3-RoW. This is expected to continue till EB3-RoW becomes current itself.
Therefore, if you're looking for any progress in PD, whether EB2 or EB3, the key parameter you should be watching is EB3-RoW cut-off. Only when this becomes current, others can even _think_ of nirvana. Without overflow of RoW's, both EB2-India and EB3-India cannot progress more than a day in every bulletin (at a average). EB3-Row moved a month and a half in Jan bulletin, which counts as a progress, however small, for everyone. That holds true -though not easy to intuit- for EB2-India as well!
Rune
January 30th, 2004, 11:06 AM
I don't expect to get a 1D-II lower than the MAP price before 2004 year end.
If Paul's hunch that we'll see the 1Ds' successor by September is correct, then we might see cheaper 1D-II bodies prior to that.
As for the Kodak, it certainly has the resolution, but it doesn't seem as if it's generating much enthusiasm. The 1Ds (with less pixels) OTOH has. Removing the very expensive anti-aliasing filter was probably not Kodak's greatest moment.
If Paul's hunch that we'll see the 1Ds' successor by September is correct, then we might see cheaper 1D-II bodies prior to that.
As for the Kodak, it certainly has the resolution, but it doesn't seem as if it's generating much enthusiasm. The 1Ds (with less pixels) OTOH has. Removing the very expensive anti-aliasing filter was probably not Kodak's greatest moment.
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