tanu_75
04-01 01:06 PM
OK, DOS buffer issue.
A. LAW. If there is no inventory in EB2 I/C (meaning demand). Theoretically DOS should make EB2 I/C CURRENT. DOS/CIS are not that dumb, or at least as dumb as before. I would say, they are very competent now and we should appreciate their work, pre-adjudicate, publish demand data (DOS), inventory data (CIS) processing time (DOS). THEY know, from PERM, I-140, there are at least 2K demand permonth from EB2 I/C. SO they will just safely move a couple of month of PD to make sure there is demand >2800 for India/China, so they don't have to make it CURRENT (per law)
If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.
A. LAW. If there is no inventory in EB2 I/C (meaning demand). Theoretically DOS should make EB2 I/C CURRENT. DOS/CIS are not that dumb, or at least as dumb as before. I would say, they are very competent now and we should appreciate their work, pre-adjudicate, publish demand data (DOS), inventory data (CIS) processing time (DOS). THEY know, from PERM, I-140, there are at least 2K demand permonth from EB2 I/C. SO they will just safely move a couple of month of PD to make sure there is demand >2800 for India/China, so they don't have to make it CURRENT (per law)
If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.
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PDOCT05
10-11 03:22 PM
I called up to find that my application is still not in the system. Surprisingly, the IO would not put the phone down and keeps on chatting to enlighten me. Seem to have lot of time on hand.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
For me also similar reply...From an IO.
1. My application is most likely transfered to texas since my I-140 was approved there
2. FIFO is valid only if the application is not transfered. Once it is transfered, the receiving center will take the date 'they' received to put in queue for data entry. If your application took continental US tour, more delay.
3. He is asnwering 5-6 calls every day from July 2 filers. There are several of them. So plenty of July 2 apps still waiting to be entered.
4. The application is not rejected for sure, since even a rejection would be entered into the system.
5. he cannot raise a service request without receipt number.
I sent mail to USCIS withe fedex scanned signature, wrote to Senator. Its frustrating.
The bottom line is there is no bottomline, except to wait.
For me also similar reply...From an IO.
WaitoverEB3Nov2001
08-18 02:30 PM
Thank God!
Category - EB3
PD - Nov 2001
Center - VSC > TSC
8/6 - Email sent to TSC
8/6 - Card Production email and Text, status changed to Decision
8/13 - PDA
8/13 - Welcome letter received
8/14, 8/16, - SLUD
8/18 - Physical Cards received
I admit waiting for Physical cards was not fun at all...Checking mails everyday right when see the postman coming :)
Hang in there guys....its about time and Good Luck!
Category - EB3
PD - Nov 2001
Center - VSC > TSC
8/6 - Email sent to TSC
8/6 - Card Production email and Text, status changed to Decision
8/13 - PDA
8/13 - Welcome letter received
8/14, 8/16, - SLUD
8/18 - Physical Cards received
I admit waiting for Physical cards was not fun at all...Checking mails everyday right when see the postman coming :)
Hang in there guys....its about time and Good Luck!
2011 WOW NightElf SoundBoard
PlainSpeak
03-29 11:58 AM
Man you made my day... atleast i can be happy for coming three weeks, then i will go back to normal after Visa Bulletin Copy/paste.
Ha Ha Ha .....
MC you are an eternal pessimist !!!
Ha Ha Ha .....
MC you are an eternal pessimist !!!
more...
pak
10-03 08:55 AM
We filed 485/765 on July 3rd. No RN till today. Checks not cashed. What can be done???
americandesi
03-26 02:53 PM
I was thinking exactly like you until she educated me on this yesterday.
The problem with the EAD is you are invoking AC21. There are several possible problems here including
1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.
2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.
There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.
So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.
Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.
I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
The problem with the EAD is you are invoking AC21. There are several possible problems here including
1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.
2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.
There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.
So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.
Agreed. But EAD doesn’t apply to EB based immigrants alone. There are hundreds of thousands of family based immigrants who use EAD until their status gets adjusted and I-140/AC21/180 days etc. are not applicable to them. Same applies to the spouses of EB applicants. In such cases it’s a waste of time/money for the company to consult with the legal department.
I believe it’s the responsibility of the EAD holder to communicate what he expects from the new employer (like AC21) after which the company could decide whether to go with the legal department or not. Just assuming that all EAD cases fall under I-140/AC21/180 days etc. is plain ignorance.
more...
485Mbe4001
08-25 12:43 PM
I agree nobody cares...for now, from experience i can tell you that i have advised most of my juniors to try MS in Australia, they can get an Aussi citizenship faster and most have listened. I am sure i am not the only one saying so, this could and will eventually affect the number of students(and the quality) coming here for MS/Phd etc, agreed that US is still the best place for a post graduation but the visa hassles of getting an EAD/H1/GC is not worth the effort, most of the students coming in will be over the hill in terms of their growth by the time they get the GC, if they get it in the first place...imho. I have had friends in EB1 NIW stuck in a mess for years.
IF you talk to the kids working in indian companies, most will tell you that they want to come to US for short term projects. Most know the mess that we are in. Sometimes we are so preoccupied with our issues that we are not aware that the world is watching us and learning from our mistakes
btw:- i did not give you the red dot, if you are offended by it you can email IV about it, they can easily query and find out who gave you the dot. (to the guys who post "anonymous"...it is not as "anonymous" as you think)
Try that and see what happens. :D :D
Nobody cares if you stay here or go back.
IF you talk to the kids working in indian companies, most will tell you that they want to come to US for short term projects. Most know the mess that we are in. Sometimes we are so preoccupied with our issues that we are not aware that the world is watching us and learning from our mistakes
btw:- i did not give you the red dot, if you are offended by it you can email IV about it, they can easily query and find out who gave you the dot. (to the guys who post "anonymous"...it is not as "anonymous" as you think)
Try that and see what happens. :D :D
Nobody cares if you stay here or go back.
2010 My Poor Night Elf!
l1fraud
06-12 07:16 PM
Doesn't your own post have the answer... I came here to get the details almost a week back and I was doing my home work and I think I have got the right agencies.. BTW I am challenging you guys (Gangteli, Chandu etc) to set up a call where I can login and prove my intentions.. Deareast 'eli' u qualify to be a rat atleast with uer name.
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waitnwatch
08-21 05:40 PM
In my opinion it is very naive to think that USCIS/DOL just realized that they had 'misinterpreted' the law. ..... The ambiguity of the law for the preference of vertical vs. horizontal spill-over allowed them to do that.
In a couple of my previous posts I copied the relevant Sections (Sec. 202 and 203) of the INA which specifically states that distribution should be preferentially horizontal. Both Sections should be read together.
Please note that there is no ambiguity in the law and DOS may just have taken too long to change the US Code or other relevant section of their rules.
I will definitely be willing to change my interpretation if you can show where the ambiguity in the law lies. I'm definitely not a lawyer so it's quite possible that I'm missing some clause in the law.
In a couple of my previous posts I copied the relevant Sections (Sec. 202 and 203) of the INA which specifically states that distribution should be preferentially horizontal. Both Sections should be read together.
Please note that there is no ambiguity in the law and DOS may just have taken too long to change the US Code or other relevant section of their rules.
I will definitely be willing to change my interpretation if you can show where the ambiguity in the law lies. I'm definitely not a lawyer so it's quite possible that I'm missing some clause in the law.
hair World Of Warcraft Night Elf
krishmunn
03-31 11:50 AM
Hi GC ON DEMAND, I think you are right... Looks like we did not receive any spill over from EB1 and EB2 ROW --- Here are the calcs...
Regular EB2 ROW gets 34,436 -- see below for break down
We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
Out of 40,040, 7% is allocated to china and an other 7% goes to India.
So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)
In the document that you have, EB2 ROW received 27, 406 visas... How? see below
Total allocation for Eb2 (A1) - 53,872
India received (B1) - 19,961
China's received (C1) - 6,505
-------------------------------------------------
EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
--------------------------------------------------
EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)
(1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426
Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
Regular EB2 ROW gets 34,436 -- see below for break down
We know that EB2 gets 140,000 * 28.6% of visas which is 40,040.
Out of 40,040, 7% is allocated to china and an other 7% goes to India.
So EB2 ROW = 40,040 - 2*(40,040*7%) = 34,436 -------------------------------------------- (1)
In the document that you have, EB2 ROW received 27, 406 visas... How? see below
Total allocation for Eb2 (A1) - 53,872
India received (B1) - 19,961
China's received (C1) - 6,505
-------------------------------------------------
EB2 (ROW) net = A1-(B1+C1) = 27,406 -------------------------------------------------------- (2)
--------------------------------------------------
EB2 (I&C) Regular quota {2*(40,040*7%)} = 5,604 -------------------------------------------(3)
(1) - (2) - (3) gives the spill over from EB2 ROW to EB2 (I&C), which is 1,426
Which means EB2 ROW to EB2 I&C spill over is mere 1,426 ???? Hope we are wrong... this looks scary...
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
more...
yawl
06-29 04:42 PM
hey folks, it is from AILA -> they won't send out this if there is no strong evidence!
We better be prepared.
We better be prepared.
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pappu
01-08 10:31 AM
Everyone that took part in the IV lobby day in September 2007 should get in touch with the lawmaker offices now and request them for letters. If you have met your local lawmaker offices through state chapters or on your own, it is time to visit them again for this request.
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indianabacklog
06-15 04:04 PM
Does the A# belong to primary applicant or it can be written in Spouse Application too ?
Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.
Should only be put in the primary applicants !485. The spouse will have one on their receipt notice. The fingerprint appointment will use this number as an identifier.
tattoo Level 80 Night Elf Warrior
h1b_forever
09-18 08:49 AM
I am a July 2 filer , finally received my receipt for 485, EAD, AP from texas.
The notice date is Sep 6.
Also, EAD card ordered
The notice date is Sep 6.
Also, EAD card ordered
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pictures than a Night Elf warrior
pani_6
09-12 08:01 PM
NUM USA and opponents think that the Bill was postponed and are again trying to spread lies its thier effort that got it postponed..Dont believe that lies..infact it was tactical postponement to get it passed ;)
They are launching a misinformation campaign ..The bill has a good chance of passing..plz call
They are launching a misinformation campaign ..The bill has a good chance of passing..plz call
dresses Necronomicon World of Warcraft
gc_wow
09-23 09:21 PM
I have read on USCIS web site that it is a quarterly report, this strange report do not have a date on it saying when it was generated. If it is a quarterly report I dont understand why they ran it in the middle of a quarter? This report should be run at the end of the quarter. Not in 1600AD what USCIS considers to be 2009.
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kowligi
01-24 01:16 PM
I have attended the Interview for H1 B renewal at the US consulate in Toronto (Although i see a lot of posts concerning US consulates in India....thought this might be helpful for someone who would attend an interviewat US consulate in Toronto)
I attended the Interview on Jan 16th at toronto for H1 B renewal and i got my passport back on Jan 23rd (4 business days as the officer told me as jan 21st is a holiday...martin Luther king day)
I have been speaking to some people at the consulate and for them it is taking 5-8 business days and for some they got it in 4 business days.....the worst i have seen is for a lady who was coming to the consulate from past 3 weeks everyday and there is no ETA on her status..(i hope she gets her passport soon:) )...
Unfortunately most of the people who attended there did not know of these delays and are struck cancelling and re-booking their flight tickets and extending their hotel stay
I attended the Interview on Jan 16th at toronto for H1 B renewal and i got my passport back on Jan 23rd (4 business days as the officer told me as jan 21st is a holiday...martin Luther king day)
I have been speaking to some people at the consulate and for them it is taking 5-8 business days and for some they got it in 4 business days.....the worst i have seen is for a lady who was coming to the consulate from past 3 weeks everyday and there is no ETA on her status..(i hope she gets her passport soon:) )...
Unfortunately most of the people who attended there did not know of these delays and are struck cancelling and re-booking their flight tickets and extending their hotel stay
girlfriend World of Warcraft 2011 Class
chanukya
07-01 11:28 AM
http://www.immigration-law.com/
http://www.murthy.com/nflash/nf_062907.html
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
http://www.murthy.com/nflash/nf_062907.html
Guys this is a revision to the July Visa Bulletin. Meaning, even if the revision happens on July 29th to the July Visa Bulletin, it holds good for entire july.
This is not August bulletin.
Looks like people have misconception, that if their file goes to USCIS on July 2nd and visa bulletin is revised on July 3rd or later date, then they are safe. It is not so.
If at all if there is a change to the August bulletin it holds good for August and not to July bulletin.
Pls let me know if my understanding is wrong
hairstyles Night+elf+warrior+fan+art
PD_Dec2002
06-21 08:20 AM
I cannot name any lawyers in my post, so I leave it up to you whether to treat this as serious advice or not...
My lawyer says USCIS does not allow one person to be represented in more than one 485 applications....whether the person is primary or beneficiary.
My wife's lawyer (I won't name this lawyer either) says there is no prohibition on filing multiple 485s.....however, it's just a waste of money (her opinion).
Thanks,
Jayant
My lawyer says USCIS does not allow one person to be represented in more than one 485 applications....whether the person is primary or beneficiary.
My wife's lawyer (I won't name this lawyer either) says there is no prohibition on filing multiple 485s.....however, it's just a waste of money (her opinion).
Thanks,
Jayant
krish2006
04-05 09:14 AM
Nothing is void, unless the application(i485) is denied. If we compare Oct 2010 inventory with Jan 2011 inventory we see changes in monthly pending cases before 01/01/2006.
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.
At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else
DOS look for approvable cases in a particular month, as opposed to USCIS look at overall pending cases.:)
The bottom line is how one is interpreting the data/information available? We really don't know how DOS is interpreting USCIS pending inventory when publishing their demand data.
I strongly doubt your argument. For the past six months , Demand data before Jan1st,2006 stayed zero for EB2 I/C. If USCIS thinks one of those pre 2006 cases are approvable then we would see this reflect in DOS demand data.
At the end of the day, whatever data that is listed in Demand data is all that matters. Since it is the only determining factor for setting VB dates and nothing else
rodnyb
04-01 01:11 PM
Theoretically, you are right. If DOS sees no demand per CIS, they should make it CURRENT for EB2 I/C (assuming they did clear all pre072007 inventory)
This is why I was saying, they just need to add a couple month to keep the pipe full.
Also, per law, they don't have whole 2800 to approve in a month, or a day, they have to do it by quarters. So they don't even need 2800, if they have only 800 EB2I in inventory (demand), they don't have to make it CURRENT.
I would hope CIS inventory can how which are pre-adjudicated, which are new, which are RFEs though. Their numbers are always bigger than DOS demand, so I would think DOS has a better picture which CIS is providing (or at least estimating on a formula)
If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.
This is why I was saying, they just need to add a couple month to keep the pipe full.
Also, per law, they don't have whole 2800 to approve in a month, or a day, they have to do it by quarters. So they don't even need 2800, if they have only 800 EB2I in inventory (demand), they don't have to make it CURRENT.
I would hope CIS inventory can how which are pre-adjudicated, which are new, which are RFEs though. Their numbers are always bigger than DOS demand, so I would think DOS has a better picture which CIS is providing (or at least estimating on a formula)
If it is the law that they need to make it current, then if they don't, they are opening themselves to a strong possibility of a class-action lawsuit.
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