raidohri
06-15 12:27 PM
Normally how long the medicals are valid, I have applied my 485 in the past with medicals that are 7 month old
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test101
06-28 11:51 PM
I aske my lawyer to send the document on june 29th so it will reach july -1st or second. what happen if the USCIS recieve the document on july 1st?
sc3
08-20 07:39 PM
Dear Mr. <insert ombudsman's name here>,
SUB: Visa allocation for employment based third preference workers
I am one of the thousands of employment based third category worker waiting for the priority dates to be current since many years. As you must be well aware that the backlog for EB3 category, and in particular for the Indian chargeability category has been lagging behind by almost 7 years, part of which is due to heavy subscription for the category.
All through the years, heavy demand in EB3 category was in part alleviated by the spill-over visas from other categories. This was mainly due to unused visas in employment based first category, and to a lesser extent from employment based second category. For FY2008, the long standing spill-over utilization rules seems to have been changed, resulting in a drastic reduction of visas available to EB3 category.
While I am not aware of an official guidance or a memo that details the impetus behind the change, it is widely accepted in the immigrant community that AC21 legislation played a major role in the change of rules.
The immigrant community is confused by this new reading as the confluence of AC21 along with pre-existing legislations does not make the spill-over of EB1 into EB3 disappear. AC21 legislations clarifies that the visa numbers in one category must have no consumers within the same category before it be released for use by other category. That is any number within EB2 will not be granted to EB3 unless there is no demand with EB2 for that number [Do we need this additional clarification?].
Spill-over from EB1 is dictated by the original text of section <$insert section here>, which seems to state that both Eb2 and EB3 should simultaneously benefit from the additional numbers. This reading is supported by the hypothesis that the EB5 spill-over which is mentioned in EB1 has not further mention in EB2 or EB3, but still the numbers from EB5 spills further down into EB2 and EB3 when Eb1 does not fully utilize the numbers.
Furthermore, in the Visa bulletin for July 2008, it is mentioned that the spill-over numbers are required to be assigned to the longest pending case first. I assume, though not explicitly stated, that this assumes per-country caps to be reached first.
Given the current trend in the priority dates for EB3, it is very clear that the spill-over from EB1 is being denied for EB3 preference, and this is causing tremendous hardships to people who have been waiting for long periods of time. I am sure that you agree that waiting for 7 years for a green card is extremely unfortunate.
I hope you to hear back about your views on the spill-over allocation, and hopefully see some action that will alter the spill-over rules to allocate unused EB1 numbers to alleviate the wait times being seen by employment based third preference workers.
Thanking you,
Sincerely
SUB: Visa allocation for employment based third preference workers
I am one of the thousands of employment based third category worker waiting for the priority dates to be current since many years. As you must be well aware that the backlog for EB3 category, and in particular for the Indian chargeability category has been lagging behind by almost 7 years, part of which is due to heavy subscription for the category.
All through the years, heavy demand in EB3 category was in part alleviated by the spill-over visas from other categories. This was mainly due to unused visas in employment based first category, and to a lesser extent from employment based second category. For FY2008, the long standing spill-over utilization rules seems to have been changed, resulting in a drastic reduction of visas available to EB3 category.
While I am not aware of an official guidance or a memo that details the impetus behind the change, it is widely accepted in the immigrant community that AC21 legislation played a major role in the change of rules.
The immigrant community is confused by this new reading as the confluence of AC21 along with pre-existing legislations does not make the spill-over of EB1 into EB3 disappear. AC21 legislations clarifies that the visa numbers in one category must have no consumers within the same category before it be released for use by other category. That is any number within EB2 will not be granted to EB3 unless there is no demand with EB2 for that number [Do we need this additional clarification?].
Spill-over from EB1 is dictated by the original text of section <$insert section here>, which seems to state that both Eb2 and EB3 should simultaneously benefit from the additional numbers. This reading is supported by the hypothesis that the EB5 spill-over which is mentioned in EB1 has not further mention in EB2 or EB3, but still the numbers from EB5 spills further down into EB2 and EB3 when Eb1 does not fully utilize the numbers.
Furthermore, in the Visa bulletin for July 2008, it is mentioned that the spill-over numbers are required to be assigned to the longest pending case first. I assume, though not explicitly stated, that this assumes per-country caps to be reached first.
Given the current trend in the priority dates for EB3, it is very clear that the spill-over from EB1 is being denied for EB3 preference, and this is causing tremendous hardships to people who have been waiting for long periods of time. I am sure that you agree that waiting for 7 years for a green card is extremely unfortunate.
I hope you to hear back about your views on the spill-over allocation, and hopefully see some action that will alter the spill-over rules to allocate unused EB1 numbers to alleviate the wait times being seen by employment based third preference workers.
Thanking you,
Sincerely
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gimmeacard
07-12 04:34 PM
my 485 was filed during Aug 2007 , i had EAD as well that i never used.(EB3)
i joined another firm and started off fresh using old PD, and EB2, which got ported
I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)
now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it
i joined another firm and started off fresh using old PD, and EB2, which got ported
I had 2 RFE on my prior 485 FOR medicals and EVL. that i answered ( company didnt had issues as long as i was paying for it)
now How do i get my prior 485 to be merged, since its not an easy case, my new firm isnt willing to do so, can i raise SR/IO and try it? is it worth it
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funny
09-09 03:18 PM
Keep calling guys.. Let beat NumberUSA in short time.
Just called every on on the list except the co-sponsers and steve King, Was able to get to each office and conveyed the message.
Keep calling guys..
Just called every on on the list except the co-sponsers and steve King, Was able to get to each office and conveyed the message.
Keep calling guys..
tempy
09-15 05:40 PM
I would like to give update on visa availability. My PD is 03/06- EB2. Opened SR for me and my spouse on 08/30/10
1. For me, letter by USPS came stating that, I485 is at USCIS local office and will notify about decision in 30 days
2. Spouse got below response by email (On 09/13/2010)
"The status of this service request is:
Your I-485 application is waiting for a visa number to become available. When it becomes available, it will be assigned to an adjudicator to make a decision on the case.
If you have not heard from the service within 30 days after your number becomes available, you can make an Info pass appointment to visit the Customer Service Division,
at the District office"
On 09/14/10 we took infopass and spoke to customer service representative. She told that visa Numbers are not available any more and also checked validity of finger prints in system.
Told us that they are expired (Till now we gave 2 times, one in sept 07, 2nd one in may 09 (FP are valid for for 15m)) - I guess we need to give 3 rd time soon.
She told that dates for FP at ASC center are not available and will try to send us ASAP when Visa Numbers are available.
Did you check if you are under EB2 or EB3 with USCIS?
1. For me, letter by USPS came stating that, I485 is at USCIS local office and will notify about decision in 30 days
2. Spouse got below response by email (On 09/13/2010)
"The status of this service request is:
Your I-485 application is waiting for a visa number to become available. When it becomes available, it will be assigned to an adjudicator to make a decision on the case.
If you have not heard from the service within 30 days after your number becomes available, you can make an Info pass appointment to visit the Customer Service Division,
at the District office"
On 09/14/10 we took infopass and spoke to customer service representative. She told that visa Numbers are not available any more and also checked validity of finger prints in system.
Told us that they are expired (Till now we gave 2 times, one in sept 07, 2nd one in may 09 (FP are valid for for 15m)) - I guess we need to give 3 rd time soon.
She told that dates for FP at ASC center are not available and will try to send us ASAP when Visa Numbers are available.
Did you check if you are under EB2 or EB3 with USCIS?
more...
waitforevergc
05-09 08:35 PM
Thomas:
There is no point preaching things to lunatics like Hunter. Let us just ignore him.
There are a lot of people like him on internet. We cant educate everyone.
Moderators, please block such people in their initial comments in the future.
There is no point preaching things to lunatics like Hunter. Let us just ignore him.
There are a lot of people like him on internet. We cant educate everyone.
Moderators, please block such people in their initial comments in the future.
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sbindval
06-22 03:39 PM
Me - EB2 Labor pending applied May6th 07.
My Wife - EB3 Labor and I140 approved (PD Dec 2006)
What should I do? Thanks in advance.
-S
My Wife - EB3 Labor and I140 approved (PD Dec 2006)
What should I do? Thanks in advance.
-S
more...
l1fraud
06-14 07:55 PM
The OP is great. He has created a new id to discuss L1 fraud. Will he be creating one id per issue... recapture, H1B abuse, outsourcing, backlogs?? wow!!!
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.
Not sure why he wants his/ her identity covered up. This shows how good some of us are in trying to make noises in the dark and not doing anything about issues in hand.
In all, I still don't understand why L1Bs cannot work at Client site. I am sure that the L1 petitions specifically ask for Client site / work location. If Client site address is mentioned, the USCIS does approve the petition. If it is against law, they will not approve the petition. I know this for a fact since some of my friends are on L1.
Regarding my identity cover up... I have mentioned couple of times abt the seriouness of the situation as the other party is a multi billion dollar organisation, second please add all the reasons why ICE/USCIS/DOL provides anonymity and whitsle bowler protection to people who brings these kind of violations to their notice.
Regarding working at client site... Yes they do get approved for working at client sites BUT with the condition that they would be working directly under the suprevision of their managers and NOT the client managers (they don't qualify for consulting assignments). Also these L-1B visas are approved for working on speciality skills NOT on common technical skills (like java/.net/DBs/Prod Support etc). Next time read your friends L-1B petition carefully and you could find all these details over there.. also verify the L1 reform act of 2004 (published in this thread).
Regarding retrogression... I agree that L-1B visas are not impacting the same much and also I think if someone in L-1A LEGALLY qualifies for EB-1 there is nothing wrong in getting the GC, If we think thats not appropriate then we should bring this upto the law makers and get it rectified BUT fake EB1s should be notified to authorities.
We are fighting against a fraudulant activity by which our jobs (and hence our GCs) are jeopardized and its not a fight against fellow immigrant BUT a fight against the greed of these corporates to make money even by committing such fraudulant activities.. hope this clears the doubt.
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jbr
03-10 03:37 PM
Sri1309,
I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.
I agree with both of your points: a solid action plan from IV core team would go a long ways to inspire and motivate others and that we should continue spreading the word (by writing to change.gov, news organizations, law makers etc.). Comments from IV core team are welcome.
more...
dhesha
06-27 03:45 PM
Can anyone answer this question please?
In I-485, when we enter I-94 information, I am not sure which date to use in the valid field.
The date on my white EAD card expired already. I have a new I-797 which is valid until 2010. My guess is I should enter this date. Can any one please confirm?
Thanks a lot!
Can somebody answer this....
In I-485, when we enter I-94 information, I am not sure which date to use in the valid field.
The date on my white EAD card expired already. I have a new I-797 which is valid until 2010. My guess is I should enter this date. Can any one please confirm?
Thanks a lot!
Can somebody answer this....
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Rajk
06-16 01:34 PM
That is your receipt number. In my case, the A# is in the box that has the name of the beneficiary.
Ams
I do not have any number in Beneficiary box.
Does that mean I do not have an A#?
Is this an issue?
Will appreciate your response.
Ams
I do not have any number in Beneficiary box.
Does that mean I do not have an A#?
Is this an issue?
Will appreciate your response.
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gclessland
08-14 10:21 AM
Finally got the CPO emails/texts today morning for both me and my wife.
...
If there is one thing I learned wrt immigration, it is do things ASAP. Never postpone anything at all. As much as possible get first in the queue.
A general piece of advice: Never reject an option you don't have. [this is more to do with folks who say, "I am only in year 1 in h1..I don't know if I need gc..let me see after 2-3 years.." - guess what einstein, it is easy to give up your gc after you get it, then to get it when you desperately need it.]
...
Congrats!
It is a great piece of advice. I remember being that Einstein long time ago & regretted several times.
...
If there is one thing I learned wrt immigration, it is do things ASAP. Never postpone anything at all. As much as possible get first in the queue.
A general piece of advice: Never reject an option you don't have. [this is more to do with folks who say, "I am only in year 1 in h1..I don't know if I need gc..let me see after 2-3 years.." - guess what einstein, it is easy to give up your gc after you get it, then to get it when you desperately need it.]
...
Congrats!
It is a great piece of advice. I remember being that Einstein long time ago & regretted several times.
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insbaby
11-12 12:44 PM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
You can not change what had happened. They already found it.
And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.
Good luck.
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
You can not change what had happened. They already found it.
And you did not do that in purpose and the dependant did not take any advantage during that period. So get a good lawyer and give proper explanation. Being out of status does not disqualify the application immediately. It depends on the explanation and the reviewer. There may be exceptions.
Good luck.
more...
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coopheal
11-05 12:04 AM
Sent letters on election day.
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saileshdude
09-13 10:39 AM
Arewethereyet,
In the email that you send to the streamline address, in the subject we have to write it in the format "I-485/MM". THe document says we have to write the month for "MM" but does not say whether the month is priority date month or the month that your PD will be current. What did you write?
Thanks.
In the email that you send to the streamline address, in the subject we have to write it in the format "I-485/MM". THe document says we have to write the month for "MM" but does not say whether the month is priority date month or the month that your PD will be current. What did you write?
Thanks.
more...
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mk26
03-31 08:44 AM
Looks like this year USCIS understood they need some money and accept some extra applications, which may be the same file I485 when PD is not current. and date might go to end of 2007.
Just a thought
Just a thought
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indyanguy
09-24 02:45 PM
Since the forecast is EB2-I will be current in a few years. Does that mean that someone with a PD of 2009 (EB2) would get the GC faster than someone with a PD of 2004 (EB3)?
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addsf345
11-08 05:42 PM
I also sent the letters. Just now received a standard form reply which asks me to go to uscis.gov or call the customer service center if I have any questions about my case. It seems that they did not realize that the letter I sent was not about "my" case but about an issue that is affecting everybody. It seems like they did not even read our letters!!
I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?
I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!
I am sorry if I am wrong, but do you think if IV CORE try to hold a meeting with top CIS officials on this issue, wouldn't that be more effective? Many members reported not getting proper response to letters. Who knows whether anyone @CIS has time & willingness to read and act on our letters? Why not take an active approach rather than passive one?
I agree, We still should send the letters though. I will send mine by monday Nov. 10. Meanwhile, if we can do the webfax or email, we may can have more members participate. just my 2 cents!
newuser
11-10 12:25 PM
I mailed the letters today
nkavjs
09-25 02:00 PM
I had followed your footsteps Cadude long time back. One quick question, how to I bug USCIS complaint dept.. or inquiry dept. any email or fax number?
I am in corresp. with my senator and congressman.
Thanks
ps : Did you call USCIS to make sure your checks are encashed or got LIN numbers?
I know you got your I-765 numbers.
I am in corresp. with my senator and congressman.
Thanks
ps : Did you call USCIS to make sure your checks are encashed or got LIN numbers?
I know you got your I-765 numbers.