ch102
11-20 12:09 PM
Just how bad is the backlog? (http://imminfo.com/Blog/articles.php?art_id=100&start=1)
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
Following the release by the USCIS of their backlog statistics in September, many prospective immigrants began to reevaluate the idea of upgrading to higher preference classifications. Central to any such decision is the answer to the question �How long do I have to wait if I remain in my present classification?� The purpose of this article is to help applicants try and determine just how long that wait will be.
The answer to that question, like most things, is complex. It depends on several factors that are unknown at this time. These include:
� There is an unknown number of pending AOS cases that have not yet been classified or reviewed.
� In the case of EB2, there is an unknown number of EB3 applicants who are actively in the process of upgrading to EB2.
� There are additional cases in the pipeline, not accounted for by the available backlog information.
While it is not possible to predict with accuracy precisely how long it will be before specific applicants will receive immigrant visas, it is possible to get some idea of the minimum waiting time. That is, it is possible to determine how long it will be, at an absolute minimum, before a visa number becomes available. The actual waiting time will be longer than the minimum time, but this will at least give people a rough idea of just what they are looking at.
Let�s first look at the employment based second preference category (EB2). For purposes of this discussion, we will look at the visa waiting times for China, India, and Worldwide.
The �Worldwide� chargeability area is �current� � meaning that there are more visas available under the quota that there are qualified applicants. This means that anyone chargeable to the Worldwide EB2 category has immediate access to a visa. This condition will remain so for at least the next several years.
Because there are unused visa numbers within the EB2 Worldwide allocation, the remaining numbers may be used by people who are otherwise eligible, but for the single state limit (i.e., citizens of China and India). These applicants may use the leftover EB2 numbers as though they were chargeable to the Worldwide category, as long as visas remain available. That is, those with the oldest priority dates, irrespective of country of birth, are at the head of the line for EB2 visas.
Let�s take a look at the backlog information for EB2 visas shown on the CIS website, arranged, by priority dates, area of charge and year:
The Worldwide allocation for EB2 is roughly 40,000 visas annually, plus all unused EB1 numbers. For fiscal year 2008, a total of 35,590 employment-based first preference visas were issued. Due to the failure of the CIS to adjudicate enough family based adjustment of status cases, about 25,000 visas from that quota fell over into the employment based quota and a total of 70,135 EB2 visas were issued. For fiscal year 2009, there were considerably fewer family based visas available for use by the EB categories. For FY 2010, the State Department estimates that there will be only about 5,000 such additional visas available. For our purposes, we can assume that EB1 will have about 5,000 leftover visas and another 5,000 will become available from the family based quota. This means that the EB2 visa availability will be approximately 50,000 for this fiscal year.
If we assume that all of the demand shown on the CIS website remains, and that there is no additional demand, the total of pre-approved EB2 cases pending before the CIS with priority dates earlier than 2007 is almost 52,000. In reality, this demand represents about two-thirds of the actual demand, so the likelihood is that the EB2 cutoff date will not move beyond May, 2006 by the end of fiscal year 2010 (September 30, 2010).
If the EB2 cutoff date does reach May, 2006 by the end of FY 2010, then it would likely reach the end of calendar year 2008 (and probably go into early 2009) by the end of fiscal year 2011.
A word of warning is in order at this point. Our office alone has received about 150 inquiries in the last couple of months by people with established EB3 priority dates who wish to file new PERM applications so that they may qualify for EB2. When they do, they will take their EB3 priority dates with them. This means that they will enter the EB2 waiting list at a point much earlier in time.
Our office is but one of many receiving these inquiries. I have to believe that somewhere between 7,500 and 12,000 people are actively in the process of upgrading their preference classifications right now. As the months progress, this number will increase. All of these people will move onto the EB2 waiting list with older priority dates, in some cases as early as 2002. When this happens, it will push those with more recent priority dates back in line, increasing the time they must wait for visa availability
..........
.........
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stemcell
07-14 04:17 PM
Thanks for the update paskal.
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
It was just what i needed to make my mind...i am bored to death in this small town finishing my waiver hoping for this piece of legislation.( no hopes of my EB2 anyway:rolleyes:).
mhtanim
08-08 05:39 PM
This is odd! California Service Center has stopped processing EB I-485s long time ago.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.
I highly doubt if the IO (if that's what s/he was) really knows anything.
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chanduv23
07-11 01:57 PM
Congrats - Bush will sign ur Green Card :D :D
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gc_chahiye
08-26 11:19 PM
I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.
Please let me know.
not everyone is from India.
Please let me know.
not everyone is from India.
ss1026
11-04 09:14 AM
I am planning a trip to India in late december. I went to the Hyderabad consulate website to see if I can get a appointment for my H-1B renewal for Dec/Jan09. I have read that the consulate would be functional in December but they have no system yet for taking appointments. I guess one more trip to Chennai! For this trip, I will enjoy the new Shamshabad airport.
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chvs2000@yahoo.com
08-17 12:23 AM
We got a rejection notice for my wife's 485 & 765 application. The notice said
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
============
"Based on the information you provided, your priority date could not be established. Please resubmit you application with the proper documentation to the address listed on the bottom of this notice
The following documents may be provided:
Your original Form I-130(petition for alien relative) if you are filing concurrently ; or
Your original Form I-360 if you are filing concurrently; or
A copy of your Form I-797 if the petition has already beed filed/approved; or
Other evidence that an immigration visa petition has been filed/approved on your behalf.
==============
My PD is Mar 2005, EB2 and my 485 is pending since aug 2007.
We have included following documentation in the package
1) Forms 485 ,765 , G 325 A
2) passport copy
3) Birth certificate and affidavits
4) My 485 receipt notice
5) My I 140 approval
6) Letter from the employer saying that i am still employed with them
7) Pay stubs
Does anyone know what have we missed? I dont think I -130 and I -360 are relevant for this category.
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Dhundhun
06-26 02:06 PM
EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
Efiling EAD does not cause LUD on I-485. Guess something else.
But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC
Efiling EAD does not cause LUD on I-485. Guess something else.
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mrow
07-07 10:21 PM
My thoughts:
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.
You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.
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Munna Bhai
01-30 07:32 AM
My employer says that USCIS confused with another employer with the same name who is not funcioning from 2003(Or this guys would have given their old Licence number of 2003 to USCIS while applying I140 which was overlooked by USCIS while approval). On this confusion they 'Intent to revoke'.My employer has sent the current licence they have to USCIS. So we are waiting for the decision. But I did not see the 'Intent to Revoke' letter myself. They are not sending it too. So i am nervous and thinking of other options.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
USCIS site says that additional documents has been received and they will make a decision soon.
If you know that it is for another employee then why you worry. Just submit all the required document and everything should be fine. USCIS are very considerate.
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SK2007
04-02 01:15 PM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.
I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.
I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
Do you know who is processing your pay checks, is it ADP? can you get a copy from them. I always carry latest pay stubs while travelling, come up with some execuse and try to get the paystubs. You can always fight and get the situation resolved, but that is your choice.
I once had a bad experience with a travel agent, It was hard for me to get my tickets from them, until I called the local TV networks. Once they received a call from the TV network, they issued my tickets in hours. In your case, it is going to be your call on how much you want to fight to get the situation resolved.
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iv_only_hope
08-15 10:11 AM
I am not sure I understand. My wife resides in Mumbai. She had her h1 stamped there some time back around 5 years. That h1 she used and is gone now. Now she applied for h1 in fresh qupta since she was out of us for more than one year. Right now so where should we go for stamping. Shes in us with me on h4. Can we go to canada?
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speddi
09-16 10:31 AM
I found the address where we need to send the AP Renewal application if using non-usps carriers.
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
USCIS - Direct Filing Addresses for Form I-131, Application for Travel Document (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1d17aca797e63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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gcnotfiledyet
02-28 01:52 PM
For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
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rajeevkaza
04-02 04:20 PM
Hi Chapsi29,
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.
RK
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Kevin Sadler
September 7th, 2006, 08:40 AM
antonio, arte verdade outro vez. obrigado.
jeff, you can shoot the scene in raw and "develop" several images at the exposure that you want (0, +1, -1, etc) in your raw converter. that way you can guarantee that they'll line up. PS also has a pin register feature that will snap the images into place as you create the layers. combine those two methods and it's really fast. i use that often for action shots where there is no opportunity for in camera bracketing. good luck. later, kevin
jeff, you can shoot the scene in raw and "develop" several images at the exposure that you want (0, +1, -1, etc) in your raw converter. that way you can guarantee that they'll line up. PS also has a pin register feature that will snap the images into place as you create the layers. combine those two methods and it's really fast. i use that often for action shots where there is no opportunity for in camera bracketing. good luck. later, kevin
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rkumar28
10-22 10:32 AM
The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
Hi Prashanthi/Attorneys/Experts,
I have a little different situation. I got my GC approved in July 2010 and I am still working for the GC sponsoring company. Now, I am on bench and am waiting for projects. Would it cause any issues at the time of citizenship, if I leave my GC sponsoring company after working around 3 months(after GC approval) and take a fulltime permanent opportunity.
Your advice is helpful.
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venky08
06-24 03:39 PM
thanks ArkBird, desi3933, cvk90, gc_lover for your replies...i will talk to my lawyer on Monday...and go with his advice...
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lskreddy
08-14 04:44 PM
Its really requires lot of planning and a tough decision to make. Some of our friends say you get good package if you find the job while you are in US and then go.
It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.
It does need planning. I am hoping I could find some opportunities here before I decide to take the 'search in India by being there' route, thus my post to ask folks if they know of any such positions.
coopheal
12-30 11:14 AM
I think all Gravitation was saying is PD needs to be after 1st May 2001.
This is an interesting theory about EB3 ppl moving to EB2 and jamming EB2 as well. Good for EB3 ppl having PB in 2003 at least.
Although it does scare me that even if 20% people moved to EB2, and EB2 is now stagnant, so how many more are left in EB3 before June 2003.
This is an interesting theory about EB3 ppl moving to EB2 and jamming EB2 as well. Good for EB3 ppl having PB in 2003 at least.
Although it does scare me that even if 20% people moved to EB2, and EB2 is now stagnant, so how many more are left in EB3 before June 2003.
seekerofpeace
09-04 02:03 PM
Guys,
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP
Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.
So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....
SoP