yabadaba
07-10 10:22 PM
the washington post article is brilliant. thanks to Xiyun Yang for an excellent fair balanced article.
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BharatPremi
09-24 12:18 PM
So per your theory 8008 people who filed in Eb3 should get approved which should bring it to 2003? for EB3-I by end of year? :rolleyes:
Next september 2010 EB3-I PD will be still stuck at September 2002, at the most October 2002.
Next september 2010 EB3-I PD will be still stuck at September 2002, at the most October 2002.
amsgc
06-27 10:40 PM
What is the correct adress to send the I485 at nebraka center via fedex
and how to assemble the i 485 and 765 packet
Sorry, I did not see the Fedex part of your question, but here is what I have found from experience:
I had to send some tax related documents to the IRS earlier this year. And I went to UPS. They said that they themselves do not deliver to P.O. Boxes, but take the help of the USPS to get the job done.
So, I went to the post office, sent it via the one where they give you a tracking number, and it worked out fine, and cheaper. I intend to do the same this time.
Regarding the arrangement of documents in the packet, I would refer you to:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Someone posted that link earlier - i just saved it.
and how to assemble the i 485 and 765 packet
Sorry, I did not see the Fedex part of your question, but here is what I have found from experience:
I had to send some tax related documents to the IRS earlier this year. And I went to UPS. They said that they themselves do not deliver to P.O. Boxes, but take the help of the USPS to get the job done.
So, I went to the post office, sent it via the one where they give you a tracking number, and it worked out fine, and cheaper. I intend to do the same this time.
Regarding the arrangement of documents in the packet, I would refer you to:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ff053d146a7ee010VgnVCM1000000ecd190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
Someone posted that link earlier - i just saved it.
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vdlrao
08-22 12:34 AM
Just because some one said, VDLRAO predicts right, he has become a Psycic Guru here. Please stop this. Every one keeps saying , he predicts everything right. Did he predict, EB2 with PD2006 will be processed before EB2 with PD 2003. Come on Guys, Give me a break and stop this rubbish. What did he predict and on what basis. I dont have anything personal here, I appreciate him, taking efforts to come up with some number based on the calculation. But Please stop spreading this on every forum that He predicts right.
You are right. My predictions are not rght all the time.
You are right. My predictions are not rght all the time.
more...
Canadian_Dream
06-21 02:38 PM
The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
Multiple I-485 Fillings Scenario:
1. Two I-485 for the with the same primary applicant
Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.
Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.
2. Two I-485 with different primary applicants (Primary on one and dependent on other)
Case a: I-140 for one is approved while other's pending
Case b: Both I-140 Approved
Case c: Both filling concurrently in June
Pros and Cons
Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)
Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)
Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.
Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.
Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)
Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)
Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).
Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.
Summary of Pros and Cons
Pros:
1. More flexibility as there are two applications to fall back on.
2. Only opportunity to file EAD/AP before retrogression kicks in.
3. Useful if I-140 is pending and outcome of it is unknown.
4. There are NO USCIS memos that prohibits such filling explicitly.
5. Many lawyers have recommended this as a best option.
6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
7. If there are issues with multiple filling one of the application can be withdrawn.
8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.
Cons:
1. Cost of two fillings (if paid by self)
2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
3. Apart from delays there has been indications that USCIS might issue an
RFE and ask to choose one.
Conclusion
========
There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.
drona
07-11 01:38 PM
New post on Bender's Immigration Bulletin
Channeling Gandhi
http://www.bibdaily.com/
Channeling Gandhi
http://www.bibdaily.com/
more...
indianabacklog
06-27 04:12 PM
Can somebody answer this....
I was defintively told to leave the SSN box empty. An ITIN is not like SSN and is only issued to the individual can be put on a tax return, NO other purpose.
I was defintively told to leave the SSN box empty. An ITIN is not like SSN and is only issued to the individual can be put on a tax return, NO other purpose.
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Das73
05-09 11:57 AM
You should be able to file I-140 after your LC got cleared.
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].
May be your lawyer is busy & thinking about some other case. Remind him about your priority date !
================================================== ======
Hi
My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?
Any help in answering my question is appreciated.
Thanks in advance.
================================================== ======
more...
gcphul
01-27 10:51 AM
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sumagiri
09-23 07:25 PM
I thought each EB category could get upto 28.6% of 140000 = 40000 visas every fiscal year. So if EB1 uses up 5000 and EB2 takes the remaining 35000 and its annual allotment of 40000, EB3 does not get any spillover.
Thoughts?
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
Thoughts?
knacath, I am hoping that EB2 will be current this year and EB3 begins to get spillover though very little this year.
Some more specifics
Annual Quota ------------------------------------------------------------------------> 140,000
Pending EB1, EB4, EB5----------------------------------------------------------------> 7,653
Estimate of all categories current applied this year and approved this year -----> 10,000
Remaining visas -----------------------------------------------------------------------> 122,347
All pending EB2s (includes retrogressed) -------------------------------------------> 74932
Remaining visas available to EB3(includes retrogressed) --------------------------> 47415
The only flaw in above is ignoring CP and assuming all 140K Quota to AOS. The majority of EB1, EB2 and EB3 are AOS. So I am safely ignoring CP. Even if CP is 15% of annual quota as some one put it, EB3 gets its allocated 40K quota and around 65K pending EB2s get out of queue.
more...
sina
06-21 09:32 AM
I have the exact same questions. Could some one please answer these.
Questions:
1. On application form I-765, Question No 11.Have you ever file for EAD?
I have mentioned it as "Yes" (I have applied for my OPT)
2. On application form I-765, Question No 11. Date(s)? Which dates to be used, please specify ?
(EAD notice)
3. On application form I-485, page2, part 3, What is Nonimmigrant visa number? Is it the RED number (8 digit) on visa or the control number(14 digit)
4. On application form G-325A, Biographical information. Applicatan's residence last five years. List present address first. I have specified address for three years and six lines are filled and I could not show the last five years, so how should I show last five years of my residence on the form (should I attach a paper with the remaining address, please specify)
5. On application form G-325A, Biographical information. Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.
Should I write in English or in my native language and what should I write for Alien Registration Number.
Any suggestions and inputs on the above questions should help.
Thanks
Questions:
1. On application form I-765, Question No 11.Have you ever file for EAD?
I have mentioned it as "Yes" (I have applied for my OPT)
2. On application form I-765, Question No 11. Date(s)? Which dates to be used, please specify ?
(EAD notice)
3. On application form I-485, page2, part 3, What is Nonimmigrant visa number? Is it the RED number (8 digit) on visa or the control number(14 digit)
4. On application form G-325A, Biographical information. Applicatan's residence last five years. List present address first. I have specified address for three years and six lines are filled and I could not show the last five years, so how should I show last five years of my residence on the form (should I attach a paper with the remaining address, please specify)
5. On application form G-325A, Biographical information. Applicant: Be sure to put your name and Alien Registration Number in the box outlined by heavy border below.
Should I write in English or in my native language and what should I write for Alien Registration Number.
Any suggestions and inputs on the above questions should help.
Thanks
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justin150377
07-09 08:58 PM
Please don't make fun out of it. Whatever I thought, I conveyed. Please understand and evaluate whether this is really a fact or a joke.
It's the most incoherent post I've read so far. Where did you buy your advanced degree to get into the EB-2 category?
It's the most incoherent post I've read so far. Where did you buy your advanced degree to get into the EB-2 category?
more...
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GCWaiter03
05-25 06:22 PM
Hi Gurus,
I need some help with my situation:
After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
1. What are my options so I can take advantage of the PD being current for me?
2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?
Thanks.
gc_hopful
As per my knowledge, ask your wife to come back from India and file I-485 along with your petition by before Jun 30, 2007.
If you want to wait till she comes back from India you can, but at that time (in Aug ) Cutt-off dates should be current to your PD date, If not you CANNOT file I-485 to your wife.
Best of luck.
-- Remeber I am not lawyer. check with your attroney immideatly for the best option.
I need some help with my situation:
After 5 years of waiting, my Labor got finally aproved thru Dallas BEC(EB3, RIR, PD: Oct'02). But my wife is in India on vacation and as per original plan will return middle of August.
1. What are my options so I can take advantage of the PD being current for me?
2. can I apply for I-140 and I-485 and then apply her I-485 when she returns?
Thanks.
gc_hopful
As per my knowledge, ask your wife to come back from India and file I-485 along with your petition by before Jun 30, 2007.
If you want to wait till she comes back from India you can, but at that time (in Aug ) Cutt-off dates should be current to your PD date, If not you CANNOT file I-485 to your wife.
Best of luck.
-- Remeber I am not lawyer. check with your attroney immideatly for the best option.
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PBECVictim
06-29 05:35 PM
I am joining Law Suit. I am leaving this country, if they make it 'U' for Eb2 and Eb3 for India.
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iv_only_hope
01-15 09:11 AM
Folks,
I have encouraged ppl on and have started a thread there. Hopefully ppl will send letters.
http://www..com/discussion-forums/i485-1/58156955/last-page/
Greg Siskind is also up:
http://blogs.ilw.com/gregsiskind/2008/01/immigration-voi.html
Can anyone get in touch with Sheela Murthy? She is reputed and she might post it on her website.
I have encouraged ppl on and have started a thread there. Hopefully ppl will send letters.
http://www..com/discussion-forums/i485-1/58156955/last-page/
Greg Siskind is also up:
http://blogs.ilw.com/gregsiskind/2008/01/immigration-voi.html
Can anyone get in touch with Sheela Murthy? She is reputed and she might post it on her website.
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gccovet
11-19 11:43 AM
two more people to reach 100.
Please, send the letters.
Thank you.
GCCovetl
Please, send the letters.
Thank you.
GCCovetl
more...
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ajkastar
01-19 04:38 PM
I'm also in same situation only difference is my visa stamped in PP is expired (Jan06), but has H1 till Jan 2009. I'm planning to visit India in Feb07 and return on AP. As I read in other forums that H1 will be valid and we can file for extension (even Cornin INS Memo (5-16-00)) memo says that. My attorney also confirmed that.
Keep posted your experiences.
Thank you.
ajkastar
Keep posted your experiences.
Thank you.
ajkastar
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sakthikams
04-25 02:32 PM
from http://www.dhs.gov/journal/leadership
below is the extract from above link...
Addressing Employment-Based Visa Wait Times
There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.
This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.
Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.
A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.
I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
USCIS is issuing employment authorization documents valid for two years, as needed.
USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.
Mike Aytes
Acting Deputy Director, USCIS
below is the extract from immigration-law.com
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.
This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.
gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi
extract from http://www.dhs.gov/journal/leadership
Addressing Employment-Based Visa Wait Times
There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.
This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including
Mike Aytes
Acting Deputy Director, USCIS
below is the extract from above link...
Addressing Employment-Based Visa Wait Times
There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.
This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.
Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.
A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.
I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
USCIS is issuing employment authorization documents valid for two years, as needed.
USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.
Mike Aytes
Acting Deputy Director, USCIS
below is the extract from immigration-law.com
04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications
Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.
This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.
What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.
gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi
extract from http://www.dhs.gov/journal/leadership
Addressing Employment-Based Visa Wait Times
There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.
This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including
Mike Aytes
Acting Deputy Director, USCIS
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addsf345
08-27 04:00 PM
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dhirajs98
06-21 09:00 AM
Pappu/or anyone else,
Can you please answer questions I have mentioned below?
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
Can you please answer questions I have mentioned below?
I have two labors
PERM EB2
Labor: Certified
PD: Dec 06
I-140: Filed in Premium Processing on May last week
RFE Received: June 1st
RFE Response Sent: June 6th
Status: No updates from USCIS
I-485: I can file based on the pending I-140
========
RIR EB3
PD: Jan 2004
Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.
==========
Question:
1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?
2. Does PD matters once I-485 is filed?
3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?
logiclife
07-09 06:43 PM
Will you guys stop this madness atleast now?. If US started bending rules for people who send flowers, then everyone will try to manipulate the system. There is a lot of difference between the circumstances of originla gandhigiri and now. :rolleyes: That was our country back then, for crying out loud.We are in a foriegn country and the issuance of visa a previlege not a right.Why cant you guys understand this simple fact?. Now stop making fools of yourself and get a life.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
Kindly realize that we know full well that flowers dont change laws and regulations. If that were case, Microsoft would have drowned DC with roses to get H1 quota increase.
We are not stupid. But the flower campaign does have a purpose bigger than 485 filing. Its called media attention. Now kindly stop complaining, trust IV leadership that has run this org successfully for past 18 months, and please help us by doing your part.
That USCIS director gave a good answer. Is your pain more than those citizens of this country who gave their limbs and life for US?. :eek:
BTW, i am one of the guys who couldn't file I-485 because of this fiasco. But i understand the reality.:)
Kindly realize that we know full well that flowers dont change laws and regulations. If that were case, Microsoft would have drowned DC with roses to get H1 quota increase.
We are not stupid. But the flower campaign does have a purpose bigger than 485 filing. Its called media attention. Now kindly stop complaining, trust IV leadership that has run this org successfully for past 18 months, and please help us by doing your part.
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