franklin
08-22 03:09 PM
My understanding was that once the 485 is filed, you go by RD. It doesn't matter what your PD is...
Does anyone know what the legislation is?
It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).
I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.
Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...
Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.
So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.
I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.
And that is why I'm here, telling everyone to stand up and go to DC.
Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)
Does anyone know what the legislation is?
It DOES matter what your PD is. USCIS apparently does process FIFO according to your Receipt date - BUT ONLY IF YOUR PRIORITY DATE IS CURRENT will you get a visa number assigned (i.e. approval of said greencard).
I say guestimate, because in reality - its all speculation, because not even USCIS knows how many current applications they have. I'd have to say it is more like 1 million pending applications.
Don't assume that your PD being "old" helping at all. Let's play a quick hypothetical game...
Picking some numbers (and I think I'm being REALLY conservative here). Say there are 40k EB applicants from India a year.
Let's even say that 10K of them are EB3 (inc dependents). EB3 India PD as of April this year was May 2001.
So... a PD of 05 means that there are 40k EB3 India applicants in front of you. That alone, and not including EB1 and EB2 that come before EB3 category, is about 4 years quota of greencards.
I'm ROW, EB3, PD 2004 and AOS was filed June 2007 (I got stuck at BEC for sometime) - my situation is comparatively ROSY compared to other nationalities with a similar PD - but I anticipate that I'LL be lucky to wait 3 more years. You can bet if ROW with early 04 will take about that time, India will take YEARS longer.
And that is why I'm here, telling everyone to stand up and go to DC.
Without significant change, it will be a LONG LONG wait still, despite the security of AOS being filed. Can you wait 3 years longer for a decent promotion, or change of career? How about 5, 7 or 10 years? I can't - so I'm flying 3000 miles to be in DC :)
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arihant
06-19 10:46 AM
Wohoo!!!!!!!!:D :D :D
Double Woohoo!!!!!! :D :D :D :D :D :D
Can now hope to visit the family this year!
Double Woohoo!!!!!! :D :D :D :D :D :D
Can now hope to visit the family this year!
jungalee43
09-23 11:48 AM
Finished calling all except those who are not in favor.
Updated poll.
Updated poll.
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guyfromsg
08-30 10:16 PM
Is this renewal, delay etc..affect the Auto insurance renewal if that's also expiring at the same time?
more...

apb
07-25 01:48 PM
Delivered on July/19th.
Madhuri
03-22 10:30 AM
My FOIA request status says it's processed on 3/14/2011, can you please let us know how long does it take to get the CD after this?
Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.
Yes, I got a CD from USCIS with all my I-140. I requested for copy of I-140 approval notice corresponding to I-140 tracking number SRC.XXXXXXXXXXX. This is the same number I got from my employer for online tracking on USCIS website. It took over 4 months. I submitted this as soon as got approval on my I-140. If you dont have the tracking number, you may try to get your A# from employer or attorney. You can use the same reason that you are changing address or that you need it for visa stamping. I believe they ask for A# in visa interview form.
I have heard that few people got the tracking number using Infopass. Not sure how. I would suggest, that do not delay. Submit the FOIA form with whatever info you have. They might be able to pull your records based on the SSN# or I-94# etc. No harm in trying. I didnt had A#, so I left it blank.
more...
chanduv23
10-03 04:41 PM
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lazycis
07-02 11:40 AM
DOJ does not ask congress to act. They directly give orders to executive branch that is USCIS in this case, based on their judgment..
Right on. DOJ can order the recapture.
Right on. DOJ can order the recapture.
more...

bikram_das_in
03-26 03:38 PM
I miss Rao baba and his predictions:D. VDLRao baba...where are you?
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arunmohan
01-21 05:56 PM
Like you I had been waiting since 2005 (when my labor and I 140 got approved) for my PD to be current. Now that its been current since October 1, 2008 and even had been current in few months in early 2008 I realize that its just one more wait.
Nothing is going top happen by increasing quota unless USCIS speeeds up processing and decised to process based on a documented criteia (right now its completely random as TSC and NSC are out of synch and neither seems to follow any sequence of PD, ND or RD).
Me and others like me have been waiting since 2001 and we are still stuck even though PD is current. We have a special thread for us who are pre OCt 2001 PD and are still waiting. So if anything focus on getting USCIS to process orderly and efficiently. If you increase quota but dont change USCIS behaviour you will be worse off.
Hello nozerd
Call your local congressman or Congresswoman and Senator. They will help your case. My friend was in same situation and they helped him. He got his GC in 2 months after calling his congressman.
Hello All:
This is a very sad for EB3, there is no movement since 2004 Dec except 2007 fiasco. Our best option is right now to send a letter to local congress member and Senator. Tell your story in the letter. When did you come, what is your investment, future investment, career stagnant and our life is hanging in the middle of no-where. I will suggest to everyone to send the same letter to Local news paper also. At least you will see some kind reponse from politician here. I have alwyas receive a response from house members and senators. I think we should send the same letter to Ombudsman too. This is my thoughts. If gorup have some other idea. Please let us know.
Nothing is going top happen by increasing quota unless USCIS speeeds up processing and decised to process based on a documented criteia (right now its completely random as TSC and NSC are out of synch and neither seems to follow any sequence of PD, ND or RD).
Me and others like me have been waiting since 2001 and we are still stuck even though PD is current. We have a special thread for us who are pre OCt 2001 PD and are still waiting. So if anything focus on getting USCIS to process orderly and efficiently. If you increase quota but dont change USCIS behaviour you will be worse off.
Hello nozerd
Call your local congressman or Congresswoman and Senator. They will help your case. My friend was in same situation and they helped him. He got his GC in 2 months after calling his congressman.
Hello All:
This is a very sad for EB3, there is no movement since 2004 Dec except 2007 fiasco. Our best option is right now to send a letter to local congress member and Senator. Tell your story in the letter. When did you come, what is your investment, future investment, career stagnant and our life is hanging in the middle of no-where. I will suggest to everyone to send the same letter to Local news paper also. At least you will see some kind reponse from politician here. I have alwyas receive a response from house members and senators. I think we should send the same letter to Ombudsman too. This is my thoughts. If gorup have some other idea. Please let us know.
more...
ksvreg
07-30 09:35 PM
Until this point of time, no one knows how USCIS or state is calculating the figures. So, lets wait and see the lottery results. Thats the only way to get the green card faster :)
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snathan
07-15 12:16 AM
I heard that H1B can not Life insurance. is it ture. if so whats the option.
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vinzak
04-21 02:36 PM
Honestly though, OP's proposed law would get much more congressional support than EB reform.
If first you gave amnesty, and then allowed ppl to sponsor their parents on a GC, the illegal immigrant lobby would be very very happy.
If first you gave amnesty, and then allowed ppl to sponsor their parents on a GC, the illegal immigrant lobby would be very very happy.
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logiclife
01-12 01:32 PM
You can send a paper check in mail, the address is on the "Why Contribute?" link on the home page.
If you want to send an e-check, then paypal has that facility.
Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
--logiclife.
If you want to send an e-check, then paypal has that facility.
Also, if you want to talk to someone before you send the check so that you can feel comfortable, then feel free to call us. The phone number is listed on "Contact Us" menu.
--logiclife.
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desi3933
06-18 03:41 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?
One needs H1 extension approval letter in order to get H4 visa at the consulate for the period mentioned in H1 extension. It does not matter if the person was on H4 status or not on the last day in US. One can be in AOS pending status and get H4 visa stamp.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
One needs H1 extension approval letter in order to get H4 visa at the consulate for the period mentioned in H1 extension. It does not matter if the person was on H4 status or not on the last day in US. One can be in AOS pending status and get H4 visa stamp.
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
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desidream
07-20 03:32 PM
Guys
Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)
Don't worry about this bill being rejected. I am pretty sure one way or the other they need to increase the EB visa number soon, else definetely USCIS will be in big trouble with thousands of applications sitting there for them, now having said that USCIS will find a way to get some bill which will have EB visa count increased passed in congress, so untill then cheer up and complete your filing.:) :) :)
more...
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sunnyg
07-16 10:15 AM
I am from Columbus, Oh. I tried joining the OH chapter but couldn't get any reply. Do you know whom I should give a personal message? Also I am ready to meet or do a conference call to see if we can meet a representative or senator if possible because I see that many people here from Ohio.
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go_guy123
07-02 01:36 PM
Are you willing to put your name in a lawsuit, travel personally spending your own money to the courts, stay up late and do the research with the lawyer and above all spend hundreds of thousands of dollars on expenses of a lawsuit?
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.
When people cannot contribute $25 how can you expect them to contribute 100K+. Even the FOIA campaign 10K amount took about a month to meet. So no point discussing something people cannot do. Let us just focus on writing forum posts. This is the easiest work we can do and it does not cost us money.
Letter writing will be useless. USCIS wont give without a fight. You have to see from their point of view. This open a can of worms for them. They will never yield unless forced by court.
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ashish3
11-08 04:21 PM
Thanks !! Wishing all the members and your family "HAPPY DIWALI GLOWING WITH PEACE , JOY AND PROSPERITY AND A SHORT WAIT FOR YOUR GC" ENJOY!!!
unitednations
03-16 02:22 AM
Welcome back UN. One question. Does the USCIS have ability to check credit histroy.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
There is nothing in the law; where USCIS can deny a person's 485 due to bad credit. Therefore, they wouldnt' have any interest in checking this.
They are on record that they will check publicly available information in help adjudicating cases. They usually; do this on h-1b petitions. They'll check the company web-site; company registration; whether office is in a house, virtual office, web-site of company giving purchase order, etc. They frequently quote whatever they find in denying cases.
I actually came across a case where a company had 14- denied for ability to pay.
There was a merger between companies and the new company filed the 140 using old companies labor.
In denial; USCIS said they didn't believe the merger because a search of the california business portal showed that the old company renewed their business registratoin (evidence that it wsas still in business);
since, president of the company had same name last name as person being sponsored; USCIS actually retrieved the president of the companies greencard applicatoin from 10 years earlier and quoted that the candidate and president were brothers because according to their g-325a's they had the same parents. They denied the ccase and invalidated the labor due to this.
I remember back in 1994; IRS said that they were going to check peoples credit applications and comparing to peoples tax returns; they were going to try to compare the income people listed on their tax returns to what they were putting on their credit applications.
If USCIS was going to try to get credit files; it would be in order to compare work/address history with what a person has put in their applications. However, they have a lot of other ways to verify this that they wouldn't need to go to a persons credit file. I know with the economy the way it is; people seem to be worried that declaring bankruptcy or having negative credit history affects their 485. However, not paying debts isn't considered criminal that it would impact a persons applications.
walking_dude
03-18 11:40 AM
IV is open for suggestions. That doesn't mean every suggestion posted by every member will be accepted and implemented. Do you know any organization that implements all suggestions by it's 25,000 members? If you know one, please let me know!
There is an established process to make these suggestions
1) Become a verified member by completing your profile providing verifiable contact information. IV will never accept suggestions from members who don't trust it (enough to provide their contact info)
2) Join a state chapter. Become a member/leader. Or start a 'special interest group' like IV physicians if you have a unique situation which needs a different solution.
3) Initiate your suggested activity in your state chapter. By initiate, I don't mean just posting the suggestion here or over there. 'Initiate' means setting the agenda, date, venue etc. and calling the members, and motivating them to participate. If it succeeds in one chapter, other chapters will soon join you (my experience as a chapter leader)
4) Please understand that as an organization representing volunteers, any suggestion needs the approval of majority to be implemented. Only way to get that majority buy-in is to initiate it on a small scale, and then develop it into a success story. Once others see success, they'll (majority) be motivated to join and support.
5) Most importantly, we need members who can 'lead' these efforts. Without leadership these suggestions will never take off.
I can assure you that a verified member ready to initiate his suggestion, take a lead and own the implementation of his/her suggestion will never be discouraged by us. IV leadership will be more than happy to provide all necessary help [ phone numbers to call, E-mail addresses] etc. to help the endeavor.
So the basic question is - Do you have it in you? If you do, your suggestions are most welcome.
I think what is killing this movement is that core and senior members are not open to suggestions from other members. They seems to be saying, our words are gospel truth, any deviation is not allowed. And that is killing the motivation of ordinary members including me.
There is an established process to make these suggestions
1) Become a verified member by completing your profile providing verifiable contact information. IV will never accept suggestions from members who don't trust it (enough to provide their contact info)
2) Join a state chapter. Become a member/leader. Or start a 'special interest group' like IV physicians if you have a unique situation which needs a different solution.
3) Initiate your suggested activity in your state chapter. By initiate, I don't mean just posting the suggestion here or over there. 'Initiate' means setting the agenda, date, venue etc. and calling the members, and motivating them to participate. If it succeeds in one chapter, other chapters will soon join you (my experience as a chapter leader)
4) Please understand that as an organization representing volunteers, any suggestion needs the approval of majority to be implemented. Only way to get that majority buy-in is to initiate it on a small scale, and then develop it into a success story. Once others see success, they'll (majority) be motivated to join and support.
5) Most importantly, we need members who can 'lead' these efforts. Without leadership these suggestions will never take off.
I can assure you that a verified member ready to initiate his suggestion, take a lead and own the implementation of his/her suggestion will never be discouraged by us. IV leadership will be more than happy to provide all necessary help [ phone numbers to call, E-mail addresses] etc. to help the endeavor.
So the basic question is - Do you have it in you? If you do, your suggestions are most welcome.
I think what is killing this movement is that core and senior members are not open to suggestions from other members. They seems to be saying, our words are gospel truth, any deviation is not allowed. And that is killing the motivation of ordinary members including me.