xyzgc
01-14 08:18 PM
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. For them "Receive Date" is not what you see on your receipt, it is the date they physically received the case (thus if case is moved from one center to another, meaningful Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
Disagree, the reason you see lot of cases with (older PDs but later RDs) still awaiting approval is because when the PDs were current these cases were still not ripe (e.g: they were waiting name check clearance).
Some of them became ripe after the visa numbers were assigned to cases with later PDs and the visa numbers got over.
There are multiple queues in the system with a backlog at each queue, so some out of order processing cannot be ruled out.
If a PD of EB2-I 2003 is still pending, its because it was stuck in some other queue before it could even be assigned a visa number and by the time it cleared that queue, the visa numbers were all gone.
Bottomline, if your PD is not current, you won't be assigned a visa number, no matter what and if it is current it doesn't mean you'll immediately be assigned a visa number, unless of course your case has cleared everything else. With the reduction in FBI name check processing time and the BECs, one can hope the process is much more streamlined.
The main problem with USCIS is lack of proper prediction. If there are very few ripe cases currently in the pipeline, they immediately open the window too wide, not understanding is that there is deluge of cases with older PDs that will *soon* become ripe. That is where everything goes wrong - their prediction is either too conservative or too liberal.
However, I disagree that PDs cutoffs are not honored.
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sanju
07-14 06:13 PM
Ok paskal, just because you are saying so. Otherwise, posts from the paid employees of these guys are very aggravating. These guys are making the situation worst and provoking guys like me to respond. I will not respond if these idiots will stop singing songs about the greatness of these opportunist guys who were no where seen in last 2 years. Now all of a sudden, when something is happening in the media, rather than joining the cheerleading squad, these hypocrites have emerged from a black-hole claiming to be champions of this community. Idiots…..
singhsa3
08-13 06:54 PM
Fact Sheet: Who's Looking Out for You?
Green Card Visa Numbers Situation
• The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
• Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
• Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
• It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
• If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
• Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
• USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.
What do these jargons mean?
• Priority dates (PD) will remain retrogressed for several years.
• Those who could not file their I-485 now will now have to waitttttt…..
• Due to resource constraints, security checks may take years.
• Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
• Endless cycle of EAD renewals and Advance paroles.
• If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
• You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
• EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
• Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
• So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
Green Card Visa Numbers Situation
• The GC process involves Labor Certification (2-3 months) + I-140 (0-12 Months) + Wait for priority dates to become current (several years) + security checks (1 month to 2 years) + I-485 processing once priority dates become current (18 months to 3 years).
• Yearly green cards quota for employment based applicants is 140,000. This includes visas for spouses and children. So on an average; it is given to ~ 60,000 families.
• Country visas limit is 7%, with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Generally speaking, for countries like India, approximately 7000 visas (~3000 families) were being issued every year in each of these categories.
• It is estimated that approximately 500K+ (yes 500K) I-485 applications under skilled worker category were filed between July 2nd and August 17th 2007. Most of these applications were from people of India and China.
• If you were unmarried at the time of filing, you will need to continue on current status (e.g. H-1B) otherwise you cannot bring your spouse.
• Employment Based Immigration reforms do not find enough support on the senate floors (Failure of SKIL, STEM etc Bills). As a matter of fact, it does not even get enough support to make it debatable, let alone final voting on the bills.
• USCIS is a self-funded organization i.e. it is run on fees it receives and is short on resources.
What do these jargons mean?
• Priority dates (PD) will remain retrogressed for several years.
• Those who could not file their I-485 now will now have to waitttttt…..
• Due to resource constraints, security checks may take years.
• Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
• Endless cycle of EAD renewals and Advance paroles.
• If working on EAD and for any reason, if any of your EAD gets rejected, you will need to stop working, In other words, need to leave your job.
• You need to be in the same position with same job responsibilities for an indefinite time period otherwise you Green Card application will be rejected.
• EADs are valid for one year and several employers (and rightly so) view it as a temporary permit and hence reluctant to hire you.
• Once PD becomes current, it takes on an average 1 year to 3 years to get approval.
• So virtually you have three options: a) Struggle for several years b) Leave the USA c) Join us.
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vin13
01-13 04:13 PM
I wish they do the horizontal spill from other countries to India every quarter. This way the work load at the USCIS is steady. Instead they like to wait for the last 3 months. This does not give them enough time to process.
Is there a 'Dummies" series for effecient management of work which we could present to USCIS :D
Is there a 'Dummies" series for effecient management of work which we could present to USCIS :D
more...
lahiribaba
07-02 02:48 AM
last time i posted this idea everyone ridiculed.
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
Well we desis can only follow the lead of firingis.. so firingis say that who the f*** asked you to come here in the first place and we understand their logic and tell ourselves who the f*** asked us to be here in the first place .. so we are to blame ourselves for everything and take the crap anyway..
But that is not the point.
The point is that me and my company and you and your organisation have paid a service fee with a reasonable expectation of service. reasonable expectation of service is subject to interpretetion based on common sense and no f**king common sense says that waiting 10 years for GC is reasonable .. unless your common sense has been replaced by self disrepecting logic ....
karthkc
03-18 05:03 PM
Bump
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
As long as you dont use your EAD, you can continue working on H1B.
In fact, if it is the same employer as your GC sponsor, you dont have to do anything.
The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.
All this is assuming that your company policy can handle exceptions to the policy :)
Thanks!
more...
Humhongekamyab
01-15 02:35 PM
Here is the news from the Little Rock newpaper. Apparently the criminal shot dead another guy right after this incident http://arkansasmatters.com/content/fulltext/news/?cid=175391
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drsnh123
06-18 06:39 PM
hello friends,
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
i am new to tis forum. i am a physician MD and is suppose to start job in october 2007. i would like to know whether my employer can file PERM as prospective employee now in june for job to be started in oct 2007.
i am from india and want to make the best use of our PDS being current. thanks in advance for answering
more...
LUDaCRIS
07-31 01:29 AM
Until this point of time, no one knows how USCIS or state is calculating the figures. So, lets wait and see the lottery results. Thats the only way to get the green card faster :)
Why they have a separate *green card lottery* category, I'll never know.... aren't we all in it? :rolleyes:
Why they have a separate *green card lottery* category, I'll never know.... aren't we all in it? :rolleyes:
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JunRN
09-22 07:05 PM
We cannot count on Reid. He failed us many times by manipulating everything and talking with Republicans and agreeing with them to sacrifice our bills/amendments to put forward their own agenda.
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karan2004m
09-06 11:40 AM
i have to travel India this month and returning US in oct on AP. What will be the validity of I-94 i am gonna get? AP expires in Jan 2008.
And what will happen if this i-94 on AP gets expired. Do i need to leave the country?
Here is the relevant info from USCIS site (I-131 instructions)
Link (http://www.uscis.gov/files/form/I-131instr.pdf)
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
_____________________________________
Proud Indian American and Legal Immigrant
And what will happen if this i-94 on AP gets expired. Do i need to leave the country?
Here is the relevant info from USCIS site (I-131 instructions)
Link (http://www.uscis.gov/files/form/I-131instr.pdf)
Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States for a temporary period of time due to a compelling emergency. Advance parole cannot be used to circumvent the normal visa issuing procedures and is not a means to bypass delays in visa issuance.
_____________________________________
Proud Indian American and Legal Immigrant
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DSLStart
09-06 10:49 AM
This happened in DC's large Dulles Intl airport.
I have noticed that most "overzealous" CBP officials are found in smaller airports. Large airports like JFK, DC, Miami, SFO etc have efficient and effective CBP officials - they are really busy doing their jobs and don't have time to overdo their job.
A majority of CBP officers in airports are polite and thorough.
I have noticed that most "overzealous" CBP officials are found in smaller airports. Large airports like JFK, DC, Miami, SFO etc have efficient and effective CBP officials - they are really busy doing their jobs and don't have time to overdo their job.
A majority of CBP officers in airports are polite and thorough.
more...
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bluekayal
12-07 05:26 PM
So EAD is screwed for lots of people, in our case its the E-filed AP. Filed on July 12 and booked tickets to India on Dec 26th and no sign of AP. Looks like we'll have to postpone or cancel the ticket. Thanks to friendly IO in TSC we heard that the photos (sent later thru snail mail) were not attached to the applications...So on the IO's suggestion we sent off a 2nd batch of pics...
Well, I've got all my fingers crossed...but I kind a know there may not be sights of lush green fields and beautiful kayals--aka backwaters in my immediate future...urgh..
Well, I've got all my fingers crossed...but I kind a know there may not be sights of lush green fields and beautiful kayals--aka backwaters in my immediate future...urgh..
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deba
10-23 09:38 PM
This is all very interesting indeed. Your had your FP in Sep and it got cleared that fast? within a month? I am a July 2nd applicant and had FP in Sep too. Please post your details after receiving your GC.
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saileshdude
02-11 09:59 PM
Another question is what made them go back to your case suspecting that you did not have proper degree and trying to re-evaluate your I-140 all over again. I don't that think they would do this just randomly. There has to be some reason behind like maybe your previous employer is being audited and they are going back to all the cases filed by that employer. This is just one example. There could be other reasons too.
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redcard
09-15 08:19 AM
Its very interesting to read about people�s different perspective about same thing we are all after.. lets ask ourselves.. honestly why we do want GC and I am sure we all would have multiple reasons for this in our subconscious but would not like to bring it to forefront because it would only undermine our own ability to fight it or make life more stressful.. but end of the day we all want this card.. for me I want it mainly for security and peace of mind�lets look at the different situations.. these might be extreme but we all might have thought about these situations atleast at some point in the recent past� .. and especially the people in the seventh year
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
1. You are in your seventh year� and you loose you job�.what is the first thought that comes to your mind.. I got to pack and leave .. pack your home of seven years and all your possessions you collected, in two suitcases of 50lbs each and leave�forget the Flat Screen TV,, forget all the electronics and the two cars you love ... just list them in craigslist �
2. You have home which you bought with so much pride�what do you do? ..List it.. make a desperate sale in this falling market.. loose a ton of money and leave�and don't even talk about all the silk plants..floor lamps.. the furnishing,, they are for the yard sale on the Saturday..
3. You have child whom you love and have plans for them.. love the school.. are an active member in the PTA � all of sudden what you do.. pull them out of school, move them from the only culture and the country they have known the only President they know is Bush and the only national anthem they have learnt is "The Star-Spangled Banner"�to another place where they don�t even understand the language forget the culture, national anthem etc..
4. Think about your spouse.. they have adopted themselves to this lifestyle.. probably felt lonely when you moved here 7 years but now like it.. its time for them to move back�why because your don�t have a GC
5. Forget the Golf and Tennis you enjoy so much here �it was all a very good dream..
1. You are educated.. have a masters, have a professional degree.. but have been in the same position and department because of your long wait for GC, what happens� the fresh college graduate or the dumb blond who joined two years back and whom you taught how to log into the network is now your peer and you are still on the same desk doing the same job getting the 2% raise and working even more hard..so that you can keep you job..with a new dumb boss.. who thinks you are so dumb that you have been in the same job for so long time..
2. All your batchmates are doing great..some of them are now sweating to be VP�s having risen by changing jobs �. You are still years away from that situation.. what do you do.. stop attending alumni meets and envy the mails in your yahoo groups from people..
3. Seven years in US.. you have made your professional contacts.. and have a social network.. in which you invested your time and effort.. loose your job in the seventh year.. and all these contacts are nothing but an occasional international long distance call in future..
Last but not the least� flight back home to your country is not going to be as smooth as the flight to US was seven years back.. back home look for a job..learn the whole new professional culture �and then set up a new home,,new school for kids�.why because we could not get a GC.. which was not in our control.. and because some stupid insane guy sitting in cave 10K miles away decided to terrorize the people in America in 2001.. and make life difficult for all the people..including people in H1...
We might all go back to our home country one day.. but the ride back home would be much more pleasant and happier of a choice we made and not because we did not get a GC�
Good Luck and lets keep up the effort... :)
more...
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boldm28
04-17 01:51 PM
I agree with you.
the India shining is a myth limted to middle class .. nothing is being done for the farmers or in generall for masses
the India shining is a myth limted to middle class .. nothing is being done for the farmers or in generall for masses
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ramaonline
10-25 11:12 PM
According to the regulations, USCIS errors cannot be considered as valid immigration benefits. Ask your attny to confirm if the approval is not in error and decide what to do next
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DDLMODES
07-06 12:48 PM
If the USCIS cashes the checks and then returns the packets (total $1490 in my case), is there any legal recourse to get a refund from them? Since they are pretty much doing whatever they want, this thought just occurred to me.
I don't think they will cash any checks. They know at least not to do that.
I don't think they will cash any checks. They know at least not to do that.
styrum
02-08 03:41 PM
http://www.hooyou.com/lc/perm_eb2vseb3.html
This is just some lawyer's opinion. Their "solution" though didn't work for me at least. Nobody asked for any "business neccessity justification". They simply denied my case automatically as I told before.
This is just some lawyer's opinion. Their "solution" though didn't work for me at least. Nobody asked for any "business neccessity justification". They simply denied my case automatically as I told before.
bskrishna
05-21 01:00 PM
I don't see it either. If this is to be trusted, how come 485 dates moved only by 3 days for NSC? It was July 11th 2007 for the month of April
what is the latest 485 date for TSC..it was June 29th in April..
what is the latest 485 date for TSC..it was June 29th in April..
