admin
01-29 11:50 AM
Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
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Suva
07-18 03:58 PM
Can I join new company on my EAD after 180 days of I485 receipt date?? Yes you can join new company using your EAD after 180 days.
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
One quick question:
What is AC21 provision: is this a clause or any other application or ???? This is a clause.
These are my opinion. It is better to consult with your lawyer.
Can I join new company on my EAD after 180 days of I485 receipt date??
One quick question:
What is AC21 provision: is this a clause or any other application or ????
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deafTunes123
07-05 06:16 PM
Great Idea. I will definitely attend. But would recommend to keep before the Day Light Savings Period end. Just to help for the drivers who needs to drive long distance.
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popoye
08-20 02:07 AM
Or is it only for EB3
more...
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swamy
03-25 10:19 AM
even corporate lawyers dont charge more than 750/1000 for individual cases so 2000 is ridiculously high. I would hire a lawyer if only to have a centralized database of my documents in case the govt comes poking around & have them respond ina timely fashion in the legalese thats designed to make no frickin sense to the general public-aliensincluded, but somehow makes the uscis officials climax i guess - btw, there a (confidential?) thread to disclose how much firms are charging
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mita
11-14 03:15 PM
I applied online for EAD on 10/23, no finger priting notice yet was asked to wait 30 days to enquire about it. All materials sent to NSC as mentioned, my I-485 is pending at TSC. Did anyone go through the same delay?
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
that is how ineffecient they are, best thing you can do is, site that your h1 will expire and u dont have plans of h1 renewal and u planning to use EAD, i dont know what else could be more extreme than not having an EAD when you want to use it :)
more...
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PresidentO
02-07 12:37 PM
Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
Please update your profile to reflect your Labor cert/I-140/ I-485 status and I will answer your Q in detail.
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skark
03-18 11:55 AM
I just noticed in I-765 that if you are applying for EAD renewal then they need you to send your current Employment authorization document! Did anyone that applied for EAD renewal send their EAD card with their application. I'm concerned because if one is working on EAD and needs to send this document 120 days prior for the renewal process and does not get the new EAD for couple months, what proof does one have on work authorization?
I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!
I dont want to apply online as I dont want to go for biometrics (FP) again for EAD!
more...
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mdcowboy
02-17 07:38 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.
You are not going to lose anything by filing through EB-2. This is going to be anyways a separate parallel process in no way affecting your current EB-3 application.
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yagw
03-30 12:25 PM
According to current visa bulletttin, EB2 -INDIA is 15 FEB 04.
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
(btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)
Your profile shows your PD DEC. 2005.
How you got the GC, when the PD is not current?
If my mistake, you need to contact USCIS, otherwise they can find out the mistake and revoke any time.
Not necessarily. USCIS works in a magical way. They might allot a number when the dates were current and work on the application leisurely and approve it after a while.
(btw, this is purely based on info from different forums and I don't have any clue (neither USCIS :) of how they work)
more...
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sertasheep
03-31 01:15 AM
Excellent newspiece, there. Here's hoping you're able to sort out your situation, Anand. By the way, salaries in India are now nearly 1/3rd of that in the US(in the bigger companies, of course)
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aperregatturv
10-26 04:00 PM
Can I fill AP directly instead of going thru the lawyer?
Thanks
Thanks
more...
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silk2fire
07-18 09:59 AM
;) Thanks you for efforts and long live IV
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rbharol
11-02 01:06 AM
www.littlerglobal.com
more...
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ski_dude12
12-02 01:10 AM
This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.
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reno_john
06-07 04:00 PM
With all this amendments going on with the Immigration bill and election round the corner I wish the immigration bill does not pass through since I don't wanna see a compromise kinda of bill, which may or may not screw us.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
I don't see anything wrong with the current immigration scenario except delay, if you wanna immigrate then be patience else go back from where we came from, India is not bad.
Just to remind you all who read this message I am pro immigration but will not deal with a compromised bill..................... and I am with my I140 stage.
more...
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scorpioca
05-17 04:59 PM
Thanks Nathan for quick response.
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?
Are there more people like me here? who were born outside of india, but are Indian citizens?
Thank you for help
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wandmaker
07-22 09:10 AM
One anonymous user commenting against other anonymous user is hardly of any consequence. To come to IV or not come to IV is your decision. Remember IV is not about forum or red dots or green dots. It is a platform for everyone to meet and work towards fixing the system. If a person is committed to the cause, he would not be bothered by any distraction.
Well said.
Well said.
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rrk
03-18 10:58 AM
Hi,
I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.
I have my work visa H1B with comapy ABC. I didnot work for them. Now Company XYZ is offering me a job and is ready to apply for H1B transfer. To do so I need atleast 2 pay stubs. I also have my EAD valid till Nov. So what is the best thing to do.
cdeneo
03-04 07:59 PM
Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...
Thanks!
Thanks!
eastindia
05-10 09:18 AM
VB will come today.
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
I am going to ask my lawyer why it is late. It is is generally on Fridays in the first week on the month.
We should hope for a good VB as it is delayed. If it was copy paste, it would have come out sooner.
What do you say?
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