saggi13
07-25 02:56 PM
EB3/DHL delivered on 02-July @ 8.26 AM
wallpaper Garret Hedlund
EkAurAaya
05-14 08:06 PM
What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Thanks for your response.
I've a pending i-140 and I had opted for CP at that time (the lawyer adviced this as its easier to switch from CP to AOS)
I can upgrade i-140 premium to get an approval asap and then proceed with CP, but I'm not sure how long it will take for the CP process (any ideas?), I'm concerned the PD will retro again and I'll be stuck again with nothing in hand.
From your response CP looks like a better option but its too risky in my case correct?
There are a few options:
1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.
2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.
Pros & Cons:
Consular:
You get your GC as against EADs endless loop.
You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.
AOS:
You and your spouse both get EAD. NO need to travel to foreign country.
You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
More time consuming and longer duration.
The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.
Thanks for your response.
I've a pending i-140 and I had opted for CP at that time (the lawyer adviced this as its easier to switch from CP to AOS)
I can upgrade i-140 premium to get an approval asap and then proceed with CP, but I'm not sure how long it will take for the CP process (any ideas?), I'm concerned the PD will retro again and I'll be stuck again with nothing in hand.
From your response CP looks like a better option but its too risky in my case correct?
byeusa
07-14 12:53 AM
[QUOTE=girishvar]I know Robinder Personally for a long time. He is Championing the cause of Ind0-US affairs with his headquarters in India. He is also the very senior columnist and well respected media person in Delhi. Being a Bachelor and previous personal assistant of Rajiv Gandhi, when he was a PM, he has never entered politics and very honest altruistic man. Calling him a fraud should be incorrect.
I smell that you are a paid poster of USINPAC. I am asking the adminstrator of the IV site to track your I.P address to see if this post is coming from some one at USINPAC.
I think IV would like to work with USINPAC provided that they truely believe in the cause of immigration reform. Seeing the P.R that comes out of them and the content of their site, they seem to be good at issuing PR's like USINPAC applauds xz, USINPAC supports xyz,USINPAC Photo gallery etc.. I mean grand standing from the side lines and then taking credit for (as some one mentioned here,) for the sun rising tomorrow morning. Don't take it personally but the content on their site is cheesy and points to cheap publicity. I am told that much of the lawmaker community and the media has come to realize this image of USINPAC in DC.
I do sincerely hope that they find direction regarding what issues they want to work for and where they want to take their organization. All the best.
I smell that you are a paid poster of USINPAC. I am asking the adminstrator of the IV site to track your I.P address to see if this post is coming from some one at USINPAC.
I think IV would like to work with USINPAC provided that they truely believe in the cause of immigration reform. Seeing the P.R that comes out of them and the content of their site, they seem to be good at issuing PR's like USINPAC applauds xz, USINPAC supports xyz,USINPAC Photo gallery etc.. I mean grand standing from the side lines and then taking credit for (as some one mentioned here,) for the sun rising tomorrow morning. Don't take it personally but the content on their site is cheesy and points to cheap publicity. I am told that much of the lawmaker community and the media has come to realize this image of USINPAC in DC.
I do sincerely hope that they find direction regarding what issues they want to work for and where they want to take their organization. All the best.
2011 Garrett Hedlund arriving at
nixstor
10-10 05:23 PM
kayal,
AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.
talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.
AFAIK, Once you have a receipt number for 485, your 485 application will either be denied/approved. If approved, you will get your GC as a visa number has bee set aside. I 140 premium processing doesnt help you to get the GC by the end of the month.
talk to your lawyer to get the correct info about what happens with your 485 application with the retrogression of Schdeule A.
more...
go_guy123
07-02 11:07 AM
Ombudsman mentioned that "visa wait-times within some preference categories
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Excellent find, lazycis !!!!!
This can be a good precedent case for class action lawsuit. Because law never says that
EB visa quota gets lost if unused.
for certain nationals may exceed 10 years."
http://www.dhs.gov/xlibrary/assets/cisomb_annual_report_2009.pdf
I think the OP has some valid points. Certainly recapture lawsuit may work as the law does not say that allocated EB visas expire. Do not listen to nay-sayers, just do it.
Here is one example of the succsessfull class-action (even though the court case died in a court of appeals, it was beneficial to immigrants):
http://www.ailf.org/lac/chdocs/lac_020905.pdf
Excellent find, lazycis !!!!!
This can be a good precedent case for class action lawsuit. Because law never says that
EB visa quota gets lost if unused.
gc_in_30_yrs
10-30 07:48 PM
[QUOTE=gc_in_30_yrs]Can we get the copy of I-140 Approval Notice under the Freedom Of Information Act (FOIA)? If so, please advise the way to do it.
QUOTE]
Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).
i will post more information once it is available.
QUOTE]
Is itn't surprising? I got a letter from USCIS today! 2 1/2 months later!
It is said in the letter that this request is very complicated one, so it may take some time to work on. Once they get a handle on what to do about my request, they will start working on it. And on top of that, it is in a queue, meaning there is some backlog (you want to call it retrogress???).
i will post more information once it is available.
more...
dixie
08-01 11:06 AM
People with grown up kids, I guess would prefer Canada over India. There are many problems starting with the education system, reservations etc. For kids who had been studying here from KG through grade 8-9 it's difficult to get dragged in the rat race in India, especially for normal kids who don't belong to any reservation category.
Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
What skillsets are in demand? Anybody has idea?
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
I think the said "outsourcing" is already happening to a limited degree .. in fact many IT jobs in Canada are nothing but canadian offices of US firms. But it is never going to reach the extent of India or China, mainly because the savings in terms of cost are not as big.
The biggest problem I find with the canadian job market is limited demand for highly specialized IT skills .. so finding any job will not be a problem; but finding one commensurate with your qualifications and experience will be hard.Secondly, there are fewer tech centers than the US .. so one cannot afford to be too fussy about location etc. As far as I know, only Toronto and surrounding areas in Ontario would qualify as a "tech hub" in the US sense.
Yes in Canada we know that finding a job is going to be difficult and we should brain-storm about how to tackle this problem?
What skillsets are in demand? Anybody has idea?
I also have a wild idea like US companies may look at Canada as a outsourcing destination if given very competitive package. One of the biggest advantage will be proximity to the US, so better control over quality etc. That may not turn into a big boom but is a possibility.
I think the said "outsourcing" is already happening to a limited degree .. in fact many IT jobs in Canada are nothing but canadian offices of US firms. But it is never going to reach the extent of India or China, mainly because the savings in terms of cost are not as big.
The biggest problem I find with the canadian job market is limited demand for highly specialized IT skills .. so finding any job will not be a problem; but finding one commensurate with your qualifications and experience will be hard.Secondly, there are fewer tech centers than the US .. so one cannot afford to be too fussy about location etc. As far as I know, only Toronto and surrounding areas in Ontario would qualify as a "tech hub" in the US sense.
2010 Garrett Hedlund#39;s Passion For
bluekayal
10-10 05:05 PM
Wonder what I should do. After November no more Sch A numbers left, so what does that mean for people who've been able to file 485?
Filed I-140/485 with RD August 7th Sch A, EB 2. No movement on the I-140. Any suggestions? Should I seek premium processing?
thanks
Filed I-140/485 with RD August 7th Sch A, EB 2. No movement on the I-140. Any suggestions? Should I seek premium processing?
thanks
more...
JazzByTheBay
08-15 12:32 PM
AC21 applies specifically to the time before you get GC. Even if you do use AC21, you should have the intention to stay with the employer you're with or the future employer (who submits an employment letter attesting they have a permanent job offer which is similar in scope in the LCA and I-140 petition) at the time of GC Approval.
The 90-day timeframe is sufficient to establish intent, as posted earlier.
jazz
[quote=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
The 90-day timeframe is sufficient to establish intent, as posted earlier.
jazz
[quote=Slowhand;147322]
If you already used AC21 then? how would you explain to IO. I think what matters is your explanation and there should be no reason for denial of citizenship if you are able to explain.
cheers
hair Country Strong
Slowhand
08-16 01:57 PM
People who left employer early or want to leave early will say it is ok; because it suits their needs.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
As I see it, hiring a lawyer is still cheaper than losing 20K per year because you are working for a exploitative consulting company. But if the company is treating you well, there is no reason to leave.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
As I see it, hiring a lawyer is still cheaper than losing 20K per year because you are working for a exploitative consulting company. But if the company is treating you well, there is no reason to leave.
more...
alterego
10-04 12:10 PM
I agree that the current political climate is so screwed up that, they are not doing anything except in a reactionary way. Part of it is a lack of visionary leadership, "W" has hardly been able to unite the country behind much legislation. The Congressmen have been too entrenched in political gamesmanship and more interested in political survival than the broader national interest. Nothing illustrated this more than the recent bailout legislation. Noone liked it but clearly there was no other option either. The lack of conviction in the way congress approached it however means, they spent 840 billion (instead of 700) and even that seems too little too late. And it might even end up being the first of many more bailouts. Sometimes you indeed can be too late to help out and drag it out more than necessary. Much is all about perception and confidence. Finally, vocal special interests who have selfishness and ideology at heart have no doubt contributed to this toxic mess, and elected officials seem less and less able to divorce themselves of their undue influence (it was not always that way in this country).
The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.
The one saving grace is that an election is in the offing. Honestly it will be a breath of fresh air, no matter who is elected. Someone can then project some leadership and actually get something done. This last 4 yr term has been especially useless in terms of getting anything at all done, not just on the immigration front but any front at all.
hot garrett hedlund country strong
vishal
08-24 03:10 PM
Hi all,
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
my priority date is jan 2003.first ours was at TSC and then it was transferred to VSc and now it was transferred to TSC.
more...
house JPG. LOS ANGELES - DEC 14:
singhsa3
08-13 10:25 PM
Good job Macaca. Just one thing though, it looks like 1M includes all pending AOS and not just EB. Please see http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3b_backlog s.pdf
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
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.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, 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.
Legislative Efforts
EB 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.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
Employment Based (EB) Green Card (GC) Numbers Situation
The yearly EB GC quota is 140K. This includes visas for spouses and children. On an average, it is given to ~ 60K families.
Each country is allocated 7% (of 140K) GCs with almost equal distribution for EB-1, EB-2 and EB-3 plus any unused visas from other countries. Each country gets approximately 9800 GCs (~4K families).
The Ombudsman estimates submission of 500K-750K (yes 500K) AOS applications between June 1 and August 17 2007. Most of these applications will be from India and China.
According to Ombudsman's 2007 report, there were ~1M AOS applications pending as of March’07.
So far EAD renewal has been taking ?? months. With the additional applications it will take ?? months and we will have to apply for renewal after ?? months.
The security check backlog appears likely to get worse, if a new immigration bill is enacted as millions of undocumented immigrants would also apply for legalization.
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.
USCIS is a self-funded organization i.e. it runs on fees it receives and is short on resources.
What do these numbers mean?
There will be 1.4M+ AOS applications by Aug 17 which will take 1.4M/140K = 10+ years. That is, 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.
Legislative Efforts
EB 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.
IV grassroot effort (flower campaign and SJ rally) was a very important reason for retraction of July Visa Bulletin.
tattoo Leighton and Garrett presented
wikipedia_fan
07-04 11:38 AM
I have been a big fan of IV and have been a visitor to IV for a while. I now plan to become a volunteer and join my state chapter and also contribute in all possible ways to IV because I think IV is the best thing to happen to this community.
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
Dear gurus - here is my issue and I need some real concrete help.
I was working for a New Jersey based consulting company on a percentage basis ie 80/20 and all costs towards GC and h1b were by me. I found my own projects and negotiated my own billing rate.
I worked for this company for 3 years and filed for 485 in July 2007. I am EB2 India with a priority date of March 2nd, 2006. My 140 was approved in June, 2006.
In March, 2008 my project got over and I started looking for new projects. Market conditions forced me to take up a fulltime job using my EAD and I had to move into a fulltime job.
As it is safe past 180 days, I used AC21 portability and moved.
I had been having excellent relationship with my desi employer and in fact also payed up some money to the employer because the client did not pay for last 2 months of my project and my desi employer held me responsible as it was me who negotiated with the client and said it is my issue - for which I agreed.
I already sent a AC21 letter to USCIS through my Attorney - I am not sure if my file got updated.
My desi employer wants to withdraw the 140 petition now. He says, he cannot keep 140 petitions of employees who leave the organization and not on w2 and he will have "ability to pay issue"
I have heard horror stories of USCIS issuing denials and NOID because AC21 letter never reached the file even though it was sent in time and I guess this is exactly what my desi employer thinks - teach lesson by withdrawing 140.
I spoke to my Attorney and she says "your file may not be updated but we will keep a record that we sent" useful in case we want to respond to NOID or RFE.
Folks - please post your AC21 success/horror stories when previous employer withdrew the 140 petition.
What are my options to avoid a NOID or denial
Thanks in advance
more...
pictures JPG. LOS ANGELES - DEC 14:
msandhu
12-31 11:28 AM
If you have applied for 485, you can get DL extension for 1 year based on receipt notice of I-485
Cheers
MSandhu
Cheers
MSandhu
dresses Garrett Hedlund picture
kalia
07-10 12:40 AM
Why are people afraid of sending flowers. What are you afraid of.
Do you think that USCIS will deny your application because you sent them the flowers?
Do you think that USCIS will stop processing your green card applications?
Do you think that USCIS will request the president to issue an executive order and stop accepting any your application.
STOP THINKING AND JUST DO IT. It looks like you have forgotten the "SEND A BRICK CAMPAIGN" carried out by those who wants to secure the borders.
Just do it. Send flowers now.
Do you think that USCIS will deny your application because you sent them the flowers?
Do you think that USCIS will stop processing your green card applications?
Do you think that USCIS will request the president to issue an executive order and stop accepting any your application.
STOP THINKING AND JUST DO IT. It looks like you have forgotten the "SEND A BRICK CAMPAIGN" carried out by those who wants to secure the borders.
Just do it. Send flowers now.
more...
makeup Added to queue Garrett Hedlund
whiteStallion
06-06 02:55 AM
Hi
I want to bring my wife on H4.
Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.
Will this be enough for her H4 stamping in INDIA.
Thanks
You need atleast 2-3 paystubs, employment verification letter from employer, bank statements with a decent balance etc among other documents.
I want to bring my wife on H4.
Its been 2 months since I am in US and I have been working since last month i.e. as of now I have only 1 paystub.
Will this be enough for her H4 stamping in INDIA.
Thanks
You need atleast 2-3 paystubs, employment verification letter from employer, bank statements with a decent balance etc among other documents.
girlfriend 2011 garrett hedlund country
rameshvaid
09-22 09:25 PM
Called 3 from Ohio and left messages. I will call most of them tonight.
RV
RV
hairstyles garrett hedlund country strong
suriajay12
01-14 11:40 AM
I just filed, but I do not have patience to wait and watch every bulletin.. we have to do bring more attention to problem.
franklin
08-22 06:03 PM
PD is the basic qualification and after that its all Luck .....Its a lottery ...
That's about right hehe!
But in all seriousness, like people here have mentioned - RD technically is important after a range of PDs become current. This is why, for example:-
Someone with a EB3/ROW/PD 01/05/RD 06/05 (ie someone who got in right before retro hit) could well have received their GC in the last few months with the move in PD.
As opposed to my case, EB3/ROW/PD 04/04 RD 06/07 and havn't got my greencard :) Both cases became current in the last few months, but obviously the one with the earlier RD would get approved 1st.
There are ALWAYS exceptions to the case.
But back on topic. What to do now that your I485 is applied. Spare yourself the endless agony by obsessively looking at trackers, or figuring out how signed your application for Fedex.
I sound like a broken record, but if you are dissatisfied by this type of outlook - there really is only 1 thing you can do. I'll even buy you a drink in DC :)
That's about right hehe!
But in all seriousness, like people here have mentioned - RD technically is important after a range of PDs become current. This is why, for example:-
Someone with a EB3/ROW/PD 01/05/RD 06/05 (ie someone who got in right before retro hit) could well have received their GC in the last few months with the move in PD.
As opposed to my case, EB3/ROW/PD 04/04 RD 06/07 and havn't got my greencard :) Both cases became current in the last few months, but obviously the one with the earlier RD would get approved 1st.
There are ALWAYS exceptions to the case.
But back on topic. What to do now that your I485 is applied. Spare yourself the endless agony by obsessively looking at trackers, or figuring out how signed your application for Fedex.
I sound like a broken record, but if you are dissatisfied by this type of outlook - there really is only 1 thing you can do. I'll even buy you a drink in DC :)
nixstor
10-12 01:45 PM
[QUOTE=nelsonagn]"So who ever were able to sneak in under that category, will get their GC."
Not if they are the 50,001st they won't.
-> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.
Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.
-> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.
Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.
-> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.
How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.
Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.
-> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.
USCIS will just as easily switch those left to another category when the 50K are used up.
Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.
-> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.
That's what retrogression does: it takes I-485s already in the system and freezes them.
-> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.
So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?
Not if they are the 50,001st they won't.
-> I am totally with you on that. I am sure pmpforgc and bluekayal filed way ahead of the 50K limit.
Only 50,000 Schedule A's will be approved. Any who submitted I-485s above that number will have to be approved under another category.
-> I was refering to people who have filed in Jul of Aug of this year under Schedule A. Do you think that their 485 will be frozen as well? I dont think so. I know a PT who filed hers in Aug. I will ask her what USCIS is gonna say.
Just because someone submits an I-485 when a category is available does not mean they are guaranteed to see it through to end.
-> So what you are saying is, If a person whose EB2 PD is Jun 02 files 485 by the end of this month and lets say EB2 retrogresses to Apr 02 after 5 months from now, his/her application will be left at that point. So an Analyst will basically check if the PD is current every time they take up the file.
How ever, I doubt thats the same with Schedule A as it is a one time category. They will mark the 1st 50K apps into schedule A and give the overflow back to the applications for reg processing.
Remember that when Sched A started, those who were already in the system (in EB2 or 3) were switched to that category, if their petition was considered Schedule A.
-> Sure, lot of nurses and PT's might have jumped into Schedule A from EB3 and as you said all of those applications from 50,001 will go into EB3. I mean nurses and PT's. Who ever filed under Schedule A EB2 will go to EB2.
USCIS will just as easily switch those left to another category when the 50K are used up.
Your earlier statemement that 'once you have a receipt number your I-485 will either be approved or denied' is also misleading. Mere issuance of a receipt does not guarantee continuous processing unless until the cut-off for that category is later that your PD (and yes, even those who don't go thru LC have a PD: it's their I-140 RD). If not, your I-485 just sits.
-> My understanding of PD's being current is you can file for 485 and can get some decision sooner or later. I am not aware of the fact that 485 processing becomes stop and go as PD for that category oscillates back and forth.
That's what retrogression does: it takes I-485s already in the system and freezes them.
-> may be you are right. How ever my post wasnt intended to mislead any one. I felt that the 2 members who filed in Jul and Aug under Schedule A should be fine.
So what do you think will happen to these folks who have filed for 485 when Schedule A is removed from the VB? Does that mean that their PD's have become current? From what you are saying, all the unadjuciated 485's filed on after the cutoff date in VB (in this case 10/05 for schedule A as of now ) will not be processed and will be freezed. What will happen to the 765/131 that were filed along with the 485?