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  • vgayalu
    07-25 12:12 PM
    Dear Friends,
    What is availability means available for persons applied before cut of dates? or not at all available like present Eb2.
    A Person can apply only when visa's are available. For example right now there are no Visas for EB2. So no one can apply for I 485 under EB2 category. But when visas are available like EB3 why do not we apply. Cut off dates are USCIS created ones for their work conveninece by allowing few applicants . It is not law. There is no such hard and fast law stating that the applicants having priority dates before cut off dates can only apply for I 485. Just USCIS can issue a Circular to allow I 485 against to visa dates.
    If it is really a law then they should say aome thing about the method of calculating cut off dates.

    Why do not we write atleast a letter to allow to apply I 485 when visas are avaible by ignoring USCIS defined cut off dates.
    Please discuss with senior attorneys and DHS and DGS officials.

    With regards,
    vgayalu





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  • ajthakur
    07-14 06:47 PM
    Suppose my employer had revoked the 140 application within 180 days. In that case should I receive a NOID instead of RFE now.
    The reason there is an RFE and not a NOID means USCIS is trying to adjudicate your application. Depends what action they take on your response..my 2 cents





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  • vamsi_poondla
    09-26 09:37 AM
    There is a link - To write a note to the editor about this article, click here.
    I clicked it and send this message to CNN's editor. All of you can do the same...


    Dear Editor,
    Last week's Legal Immigration Rally at DC is NOT about H1B increase, It is about the plight of over a million High Tech Skilled Legal Immigrants and their families in a probationary limbo of Green Card Processing. It takes 10 to 12 years to get a green card because of low green card numbers, per country limits and lost Green Card numbers due to inefficient processing of USCIS.

    Not sure what is the source of your information. But it is ill-researched and is skewed in nature.

    yours truly,
    Legal Skilled Immigrants from across the World living in USA





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  • cjain
    06-20 05:53 PM
    ^^^^^^^^^^



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  • ramus
    07-05 03:58 PM
    Thank you.. IV appreciate your help.. I wish we get more new members like you.



    Hi,

    I joined for recurring $50 per month. I will ask all my friends to do the same.
    I believe IV is the only forum/organazation concerned about our cause. Everybody else thinks immigration issue is just about illegal aliens. IV highlights the real issue, legal immigration.

    dupedinjuly





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  • vdlrao
    09-10 08:42 AM
    did any one did math...

    EB1 - all current
    |
    |
    \/
    EB2 - World current
    |
    |
    \/
    EB2 - India / China
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 All
    |
    |
    \/
    EB3 I/C ( When EB1 , EB2 is Current , all visa numbers will flood to EB3 right ? so may be in 4-5 years EB3 may get current ? )


    EB1 - all current
    |
    |
    \/
    EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
    |
    |
    \/
    |
    | ( When above EB2 India/China gets current 2-3years? )
    \/
    EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)



    .



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  • desi3933
    01-30 02:08 PM
    What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?

    I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.


    Crazyghoda -

    The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.

    RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.

    245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).

    Please have all AC-21 related documents for latest job (or job offer).

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • sanjeev_2004
    11-21 11:22 AM
    May ask you why you joined this organization if you say that only sick people are frustrated with the delay in GC. By that logic all of us are sick people! I think your comment was made in bad taste and crticizes all the hard work this organization and its members are doing.
    I am sorry for it if you took my comment that way. I also realize that this organization is doing great. I only want to say be should not be sick because of just GC. you should be sick if you are not responsible for you wife and kids. you should be sick if you are not responsible for your family back in India. you should be sick if you are not responsible for your country. you could be most intellegent person in the world but if you are not responsible then you should worried. Richness, intelligency and responsibility is great combination but to be a great person you dont have to be rich and intellegent.



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  • logiclife
    12-21 10:28 PM
    You should've thought about this that whole year that you were goofin' off! Why are you bringing this up at this late juncture, anyway? Your PD is Dec, 2004. What makes you your petition will trigger an RFE for not working during 2001? You raise a very perplexing and contradicting query...

    Hey, take it easy big guy/gal.

    You are acting as if instead of being gainfully employed, he was sitting around and playing golf or something and that put him out of status.

    Go easy on the judging part, coz you could be goofing off for a while too and if you are goofing off for a while, its not like after a week of goofing off, you are going to throw in the towel and take the next plane back home. In a country that has employed and harbored 11 million illegals, who dont even have a passport, those who are legally present and 'goofing off' for a while between 2 legitimate jobs that require excrutiating process of h1 sponsorship are the least of anyone's problems. In fact, the section 245(k) says that it is OK to goof off as long as goofing off is less than 180 days. And if the goofing off was before your last entry into usa, it doesnt even matter, regardless of whether it was less than 180 or more than 180 days. If US CONGRESS legitimizes, who are you to be the bigger judge.

    IF the economy tanks, then a lot of us will be 'goofing off' in 2008 and 2009.
    When someone is 'goofing off', that someone is concerned about paying the rent, managing to buy groceries and borrowing money off of credit cards to pay the bill, and during the 'goofing off' people dont sit by on a bench and think..."hmm...what will happen when I file my 485 and will this 'goofing off' hurt me at the time".





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  • ajthakur
    07-15 07:08 PM
    I spoke with my ex employer. He never did revoke the 140. He is also willing to provide an EVL. I can join him once I get GC. I felt sorry for having left him earlier.Talk to an attorney soon then.



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  • kumarc123
    03-12 11:48 AM
    I was been a donor in the past. But since then I noticed all this and have written several emails to IV asking them to convert IV access to paid donors only otherwise freeloaders like you are eating my lunch.


    Dude you have only 27 posts

    You have no information listed

    For all the reasons, you could be bull shitter over here,


    before pointing fingers take a look in the mirror.


    This guys a classic





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  • ItIsNotFunny
    10-15 12:10 PM
    do that and as a backlash, the PDs will go back to 1800! after that even if u send the whole garden they won't be current again:D

    If Gandhi would have thought the same way!

    We must protest and it has to be a unified process. Last time we were really successful. It was one of the factors why they allowed everyone to file EAD - partial independence. Take it positive.



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  • GCanyMinute
    08-02 02:21 PM
    you have already filed ur I485 right ? so what do u mean "y am i still waiting ?"

    yes I did, but that's the thing.... what is the relation between "visa number" and the "greencard" ??? i'm confused.... whether I am still waiting for a "visa number" or for the "greencard".... please help!! :)





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  • perm2gc
    01-10 06:11 PM
    https://www.visapro.com/Message-Board/showthread.php?p=62321#post62321



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  • mallu
    02-14 01:08 PM
    ...... But truly they don't want too many immigrants from one or two specific country. ...
    What about taking into account the current US population ( and calculating the per country counts and then decide which country needs more or less limit ? ) . In that case, i think many europian countries will be severely backlogged. :-)





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  • dingdong12
    09-09 02:25 PM
    American lawmakers have created a law that needs only top talent. By law it go from top to bottom. So they go from EB1, EB2, EB3 and so on. If we disagree, then get the law changed.

    EB3 I is screwed big time and they are ignorant about this .EB3 are responsible for their own loss. I see them tracking LUDs and laugh at their ignorance of wasting their time.

    They should be doing hunger strikes and do a rally in DC every month.

    Else they can forget Green card coming any time soon.

    Sadly true. Our hope is STEM exemption and Visa recapture and both of them will get little political help till elections. After the elections, the political arena will definitely be different with some Republicans replacing the Democrats in the House and any immigration related bill will result in a much tougher battle.



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  • ita
    09-10 12:33 PM
    You can post. Just type the messages on the left hand side panel.

    Got it. Thank you.





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  • drirshad
    07-04 09:35 PM
    immigration-law.com

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    #
    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.





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  • sanju
    02-07 01:25 PM
    I support country quota otherwise all the greencards will be taken by Indians and Chinese and the people from small countries will not even get a chance. I am sorry but of you are born on one of these countries then you have to wait before everyone who filed earlier.

    If country quotas are removed in employment based category, skilled immigrants from other countries will get EQUAL chance just as skilled immigrants from India and China.

    Here is a problem arising as the result of country quotas -

    1.) Huge backlogs in EB green card categories
    2.) Consulting companies apply for H1 for more and more people from backlogged countries because it will take 6-12 years for people from countries that are backlogged in EB green card category. This causes more backlogged EB green card categories, and more incentive for consulting companies to hire from backlogged countries. So less people from other countries are hired on H1.

    As someone said on this forum, I took resume and my qualifications for the job interview, I did not take my birth certificate for the job interview. So why should the EB green card, which is a direct benefit of my employment, be judged based on where my birth certificate was issued?

    Country quota system is WRONG at every level. Its only a matter of time that it will be removed. Sorry, if your application is not approved before the removal of country quota system.

    .





    illinois_alum
    08-02 10:28 PM
    Add CareFirst - Blue Cross Blue Shield
    Legg Meson

    All these companies take people on H1 and after an year of year an half they say they have changed policy and they can't file H1. They have big lawyers like M**** and R**** and those lawyers tell employers even if your employee is on 5th year and if you don't file GC (PERM) b4 365 days its alright.... we can send them out and re catpture time and all BS and ultimately employees suffer.... as they r in their 5th or some are in 6th year and are completely screwed up.
    We should think of taking some legal actions...

    GC is not a right. The corporations are completely within their rights to decide whether they want to sponsor someone's GC (and of course the big question being can they sponsor by following the due process if qualified citizens or existing perm residents are available for the job)





    indianindian2006
    07-14 06:06 PM
    Can new company file amendmend to existing I-140...
    The company who filed my greencard got acquired within 6 months of I485 filing for me, They amend my H1 within 6 months window and now they are in process of amending the I140..

    My question to gurus is-Will he be ok if his new company amend the I140.

    Your case is a case of Successor in interest, his case is a case of different employer so according to me the answer is no.



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