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  • prasadn
    09-23 05:07 PM
    A basic question - Are the months that the numbers are slotted into for the Priority Dates? or are they the recept date or something else....?

    If PD, then how come there are numbers for 2008 and 2009? The PD has never been current since July 2007....


    Questions & Answers: Pending Employment-Based Form I-485 Inventory

    Q: Why is the wait so long for my employment-based green card?

    A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.

    Q: How can I determine my place in line based on my priority date?

    A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).

    The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.

    The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.

    Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.

    Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?

    A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.

    Q: What information do I need to have before using the pending Form I-485 inventory reports?

    A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.

    Q: How do I read the pending I-485 inventory reports?

    A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.

    Q: Can you tell me when I will get a visa?

    A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.

    Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?

    A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.

    If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.

    Q: How do I know how many applicants from my country have an earlier priority date than mine?

    A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.

    To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
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  • virtual55
    01-24 12:11 PM
    01/24/2006: Senate May Table Comprehensive Immigration Reform Bills As Early As February 2, Thursday

    Unconfirmed sources indicate that the Senate may table this bill earlier than expected. Since there is the nightmarish Sensenbrenner border protection bill that will come up with the comprehensive immigration reform legislation, it appears that the pro-immigration forces may have to energize their forces and start working on the critical immigration legislation.

    courtesy: www.immigration-law.com





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  • PlainSpeak
    04-06 08:32 AM
    And their news page has also changed to reflect this "modest" movement (previously it stated - "the movement will not be weeks or months but could be years")

    On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.

    Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)


    Yes you are right ..

    Country caps are not followed or implemented in spillover visas. Why do you think EB2I moved to May 2006 last year July 2010





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  • sri1309
    08-24 09:13 AM
    Thinking differently isnt bad. It just came to my mind that this may also be tried.
    I think we have proved something like this not very long back about 60-70 years back. We have set bonfires of all our imported clothes and said NO to anything made in Britain. Right. So what did we really mean. I am sure many brands we wear today are international too. Nothing wrong.
    Why did somebody show the other side to be slapped, did he like to be slapped. Its to get the point across.

    Its a way of protest, a peaceful way to get attention to a problem which must be fixed.
    If most of you dont agree, then I may be wrong, lets see response.

    But lets always maintain that they do care and its a two way requirement and not just ours. We may be desperate due to system failure, but they are too, else there wouldnt be an immigration program. Most countries dont have, if I am not wrong. Its different with US which is a big country and same is the case with Canada which is trying to build.They need people.



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  • kate123
    03-31 08:39 AM
    This is approx data from last year DOS yearly report.

    EB1 = 41k
    EB2 = 53k
    EB3 = 42k
    EB4 = 11k
    EB5 = 2k

    Total was ~ 150 k ( 140k + 10 K from Family Quota's Spill over )

    so basically EB1 and EB2 row didn't give any spill over , it was EB5 and family based spill over.
    This year we will not get family but instead EB1 will give same share so in the end total spill over for year will not be more than 20-22k.

    I think you have wrong info... Last year, EB2 I&C did receive spill over from EB2 ROW, EB1 (~3K), EB5.. Also from reading other posts it is my understanding that in fact there was NO spill over from Family Based.

    I could be wrong though!!





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  • glus
    01-22 09:38 AM
    Thats the right way. Probably I should not have told him that I have AP in my hands. This is what my attorney said. But now I have no idea if my h1 will be extended or not once I have used the AP.

    If you really want to be on h1(very safe decision), why don't you leave for a couple of days and re-enter on your H1?



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  • fatjoe
    10-12 04:24 PM
    Hi Kewl:
    So there is a difference between "With an IO" and "Assigned to an IO" , right? So, how do you ask the rep about that? Will they tell you if it is with an IO and assigned to an IO? When I spoke to the second level rep. it appeard to me that my case is with an IO.





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  • senthil1
    07-09 09:25 PM
    If it is not mistake you are thinking as Conspiracy. What is the motive of conspiracy? What I am telling is making all PD current was mistake as everyone will expect atleast 300k I485 applications and that many Visa was not available. They made another mistake to correct previous mistake. There is no pro or anti immigrant stand is needed to evaluate this. I do not believe conspiracy theories. Even 9/11 attack also so many conspiracy thories are there. Unless we get some evidence everything is speculative only


    why do you keep parroting the pro USCIS, pro -antiimmigrant line all the time?
    there are times when your realism makes sense, then there are others when it's plain silly.
    this was not a mistake. this was not an accident.
    civil servants do not show up on weekends by accidents. and they do not do 6 mnths of work in 15 days by mistake.
    it was intentional, directed and planned.
    you can believe whatever motives you want and you can sympathize with uscis till kingdom come. but pleaaasee don't tell me it was a random event, some act of god that is our destiny or such crap. please!



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  • gc__aspirant
    05-06 01:20 AM
    Just wanted to mention here that i got an email from my attorney's paralegal that they got receipt notices on friday and will let me know about them soon.

    As of now i do not have any idea the receipts are from which centre.

    Thanks for the responses.





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  • bkn96
    11-17 10:34 AM
    How is response to MTRs sofar. Are they encouraging? What happens if MTR not approved what are the options?



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  • prashantkh
    07-09 07:03 PM
    We should send emails to Jon Stewart, Stephen Colbert, Jay Leno, David Letterman, Conan O'Brian, Jimmy Kimmel etc.

    They have tremendous amount of viewership and seems like a perfect material for these shows. I will send email to these guys but if more and more peple can make them aware of this development, this news can potentially snowball. :D





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  • glus
    01-21 09:50 AM
    I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.

    I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.

    G



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  • ganguteli
    06-17 02:26 PM
    Are you suggesting that no fraud should be reported?

    I would say, any fraud, whether H1/L1/F1, employee related, employer related should be reported? Why should law abiding immigrants/workers pay for those who are committing fraud?

    >> 1 in 100 citizen has gone to jail.
    Not correct. There are about 260 jail inmates per 100,000 US residents.
    Link: http://www.ojp.usdoj.gov/bjs/jails.htm

    >> Educated idiots!
    Now, tell me, who is educated idiot?


    .

    http://www.nytimes.com/2008/02/28/us/28cnd-prison.html





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  • nkavjs
    09-20 03:01 PM
    The question is ....... why is our applications (2nd July) not processed, where as applications for August filers are processed and ahead of mine.



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  • amsgc
    11-04 12:09 AM
    Good one, thanks.

    check out my blog on AC21

    http://immigrationvoice.org/forum/blog.php?b=12





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  • mallu
    08-06 02:43 PM
    Why would you say EAD and H1B will be denied??

    if one is taunting , " Look FBI bosses , i am stuck in security check, still i am a working with my H1B/EAD . How dare you allow to people remain here - for many years - if you suspect something is fishy with their record "



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  • bvibhu
    01-24 11:43 AM
    Thanks a lot for sharing your pain. What if I wish to travel through Germany/Netherlands/Swiss/France/UAE? on Advance Parole and if my H type visa is not valid anymore?





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  • nkavjs
    09-26 02:36 PM
    This is the same draft (I just changed the Dear.... senator./congressman/USCIS Assistant Inspector) for each and every email I sent out.
    Congressmen& Senator needs faxed copies with Date and Sign on it.
    Yes the same to the USCIS dept also. I got replies from Senator and Congressmen.. but nothing coming out of USCIS tight lips.





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  • fromnaija
    05-17 04:07 PM
    I have received an RFE on my H1-extension too. USCIS wanted sealed copy of my trnascript from my foreing university.
    To answer the original poster. You can file your I-485 since your extension is pending and you do have a receipt fro USCIS.
    Good luck!

    I never heard of an RFE for H1b extension. Are u sure that the RFE is not related to your I-140 or I-485?
    H1b extension should be a smooth sail.





    Meghna
    05-10 07:25 AM
    hi,
    My lawyer filed for my EAD in April 2005. I have been working on H1 all the time and i was not aware that he filed for my EAD.
    HE filed for my AP at the same time and i got it. When i asked him about EAD , he said its not required and that he did not file it.

    Yesterday he mailed me a set of copies in which i found receipt notice for EAD.I checked the status and it says that my case is pending since April 2005.
    There was no request for any proof or anything. It just says we mailed you notice of action and the case is pending.

    I need EAD now. What should i do?

    I called the USCIS and they said that it is out of processing time and filed a service request.

    All my friends who filed their I-485 recently got their Biometrics notice and i didn't get any. Whats wrong with my case?

    I am confused , what am i supposed to do?
    Appreciate your suggestion





    buaya00
    09-11 04:49 PM
    Looks like the HR has adjourned till Sep 22 without HR5882 being discussed. Are they putting it off for later this year or next?



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