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  • ashutrip
    06-20 08:30 AM
    Any trend of backlogs getting cleared?





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  • chanduv23
    07-11 12:22 PM
    employer can withdraw the 140 any time before the approval of 485 - there is no time limit.

    That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
    (1) AC21 letter
    (2) G28 properly filed
    (3) NOID
    (4) Denial - happened in some cases and reopened through MTR

    Now even if your old employer did not revoke 140 you may get an RFE.





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  • alterego
    12-10 08:36 PM
    It looks like they have heard from IV members about the spillover rules and their clarification about the QUARTERLY spillover is useful. Also them categorically stating that any spillover visas would be used in strict order of PD is reassuring. Whether they actually practice or not, it is good that they have gone on record as saying that is the way it should be.
    In the past spillover was not applied in the way they are saying and EB2I suffered greatly for it.
    This spillover rules if enforced will accelerate EE2I movement initially and then EB3. I suspect that by this summer EB2I folks from 2007 should be seeing some action.





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  • vbkris77
    03-06 01:57 PM
    Hello, there is a better way to findout by contributing to this thread..

    http://immigrationvoice.org/forum/showthread.php?t=24184&page=3



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  • HopeSprings
    12-16 02:35 PM
    I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.

    It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.

    Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.

    So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.

    In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.

    Hoping for the best....:)

    I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.





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  • addsf345
    11-17 02:23 PM
    One of IV members 'lazycis' (he is a knowledgable & senior member) also mentioned this, which exactly matches with what RG said:

    http://immigrationvoice.org/forum/showpost.php?p=301999&postcount=16

    so I am sure there are some provisions. I hope 'lazycis' will provide some more info if he sees this post.

    Edit: Chandu - please click this link to read on RG's forums. (http://immigration-information.com/forums/showthread.php?t=6461)

    Pardon my ignorance, but is this something we can ask clarification from CIS Ombudsman? Its real confusing:confused:

    Some updates: I talked to two different lawyers and both advised differently on this issue. In fact I got the impression that one of them didn't have much clue as much as some experienced IV members have. (He said if job titles are different than you have issues...) There are many people hanging on to their current employer due to confusion on this issue and potential effect on pending GC.

    and the great question continues to haunt: can a person keep working legally on EAD status if his/hers I-485 gets revoked in error by CIS? or he will be forced to resign from a new job when his MTR is being filed or in progress??? This is really killing me. Who has the answer? if anyone knows, please please share!

    lazycis, chanduv - anyone to comment on above new information???



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  • ashutrip
    06-21 01:12 PM
    search "Cohen & Grisby PERM " in youtube :(

    -M
    Looks Scary:eek:





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  • mundada
    06-11 04:29 PM
    Buddy you are right! I was at my relative's place and they received their GCs recently about a year ago.
    They were happy that the govt. is doing all kinds of H1-B checks and restricting immigration. I am not saying they are bad people but rising costs of living (not only because of inflation (?) but mainly because of growing children which require paying for swimming, paying for paino, etc., house maintenance, updating furniture, etc.) make people to behave in a certain way. They were all worried because immigration in IT was depressing their salaries and blah blah. It's natural cycle of life and very tough to be financially independent but then bajrangbali is exception as he could predict in march what well fargo would be in june and today he can predict what well fargo will be in september!

    Nitinboston is right. He is not saying that we do not deserve it. Just saying that we should not behave that we are entitled to it. The Govt did not promise that one will get green card in X years...and broke that promise. Yes, the system is flawed and all sorts of people get ahead in line..and some get stuck.

    However, this crazy rants critizing the country where we want to settle down is a bit hypocritical. If you hate so much...please leave...its a choice.

    Once again, I am not saying we do not fight for improvement..and better quotas..better visa allocation (and more of them). But let us not behave like bad guests.

    I am personally suffering big time despite being in the country for 10 years..and will support initiatives. But I will not behave like as if I have been wronged. If one feels so wronged..please pack up and leave. If you think you have been cheated of your social security...by all means...please go to a country where you can earn more money and keep all that.

    Once all of us become citizens...we will then start wondering that our jobs are being taken away by new immigrants..and the cycle continues........



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  • jonty_11
    07-06 10:47 AM
    Check OH Law Firm post.
    I'm afraid that the fire has alerady started.

    With the lawsuit and the explanations that they have to give, most likely this issues will come up and this is going to be used against us from now on ....

    Just what we needed ...
    :(
    OK can u explain how this info can be used against us...what the heck did we do?





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  • desi3933
    02-18 06:07 PM
    Can any body guess when I might get a Green Card? Ofcourse nobody knows but what do you think?

    For PD of EB-2 July 2006 India, the odds are that it could be in next 12 to 18 months. Just a guess.

    *** Not a legal advice ****



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  • asdcrajnet
    07-06 07:15 AM
    just dug!!!





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  • HopeSprings
    12-16 02:35 PM
    I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.

    It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.

    Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.

    So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.

    In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.

    Hoping for the best....:)

    I agree with you. I think USCIS has made a conservative estimate, most likely, based on past spillover numbers. However, situation is little different this time. With the bad economy, there were less number of PERM applications filed in FY2009 that will claim visa numbers in FY2010. Also, with DOL taking ages to approve new PERM applications, there will be less applicants, that filed PERM this FY, claiming visa number. Thus, there will be lot more spillover this time than previous years. IV has taken this into consideration while doing its math but we cannot expect the same from USCIS. I think EB2I should at least move till mid if not till 2008.



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  • chanduv23
    07-11 12:22 PM
    employer can withdraw the 140 any time before the approval of 485 - there is no time limit.

    That is right. But one MUST NOT worry about it as long as they have a job in hand with same or similar duties. Things to watch out are
    (1) AC21 letter
    (2) G28 properly filed
    (3) NOID
    (4) Denial - happened in some cases and reopened through MTR

    Now even if your old employer did not revoke 140 you may get an RFE.





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  • Macaca
    10-01 02:26 PM
    FS limits � The worldwide level for FS preferences is calculated as:

    480K
    - the number of aliens who were issued visas or adjusted to legal permanent residence in the previous fiscal year as

    immediate relatives of U.S.citizens
    children born subsequent to the issuance of a visa to an accompanying parent
    children born abroad to lawful permanent residents on temporary trips abroad

    + unused EB preferences in the previous fiscal year.

    EB limits � The worldwide limit on EB preference immigrants is equal to

    140K
    + unused FS-preference visas in the previous year.



    What is the relationship of 480K to 366K = 140K (EB) + 226 (FS)?

    Very interesting that FS (EB) can capture EB (FS) but can not capture FS (EB)!



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  • indyanguy
    09-26 10:21 AM
    Any reply to my original question?

    Thanks all





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  • Green.Tech
    06-20 02:20 PM
    Bump w/o $$$!



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  • franklin
    09-28 08:57 PM
    But I think franklin posted earlier that she got her GC when the priority dates are not current. And shows about 5 EB3s from India got approvals during September whos PDs are on or after 2003.Do you think USCIS might have requested the visa number for their cases when their PD was current?

    Theory 1: I got assigned a visa number as soon as my case arrived at USCIS in early June.

    Theory 2: Spend as much time talking to lawmakers and reporters as I do, they want to shut that squeaky wheel up.

    I like Theory 2 best :)

    I would say, however, just because a handful of applications have been speedy, I don't see any systematic changes that mean everyone's will be.





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  • Blessing&Lifeisbeautiful
    07-24 04:59 PM
    Even if you are RN licenes and educated in the USA. You still need a visa screen. I had to apply for visa screen. In my case it took only 1 week to get it. you can apply on line and send your documents. I'm not sure about the EAD though. YOu may wwant to post your question on the free Consultaion thread.

    www.cgfns.org

    I have applied for my visascreen, but the lawyer is saying that EAD and probably the application may be denied! I thought that it is required at the later stages of the GC process.

    Now please share the secret of HOW you got a visascreen in 1 week! I'm flabbergasted. This is the first I heard. Please share





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  • sanju
    04-30 02:49 PM
    Michael Aytes starts speaking - provides stats about how good USCIS is doing and how many people were processed/given green cards.





    9years
    12-10 08:00 AM
    Hello 9years: Thanks for sharing the info all along. A quick question:

    I got my EB2 Labor certified today, and now my lawyer is preparing EB2 140 as an interfile into my existing EB3 485.

    Is this recommended or should we do regular premium 140 and request date porting once its approved?

    If we do decide to do interfile now during 140 application. Is it advisable to do premium processing?

    Thanks,
    Hi AllVNeedGcPc,

    Congrats on your labor approval. As already mentioned doing premium does not hurt but it will expedite the process(to my knowledge). Talk to your attorney and company. They are the one who supposed to take decision. In my case Eb2-140 approved copy has priority date of EB3. Porting request also does not hurt and it could do better. Best of luck.





    ivar
    12-11 02:12 PM
    There could be lots of folks who missed July 07 fiasco. For the people who were able to file during July 07 that EAD is working as good as green card for now.. wish we could. Here is my case if that makes you feel little better that there are lots of people who missed the boat, I Had approved labor with PD Mar 06 and I-140 and i changed my Job in Mar 07 because of issues with desi company. I never imagined that dates will become current in just three months.. :mad:

    Now i am still waiting for my labor.. I recently got three years H1b extension. This extension seems like green card to me :o


    I share your pain buddy.I also miss the July 2007 fiasco by 1 month due to my &^@#$% lawyer who took 1 year to apply for labor and kept me in dark .The most painful thing is to see my wife's frustration who inspite of job offers can't join becoz company does not want to sponsor.Just being optimistic is the only hope.



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