Wednesday, August 31, 2011

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  • fromnaija
    05-16 01:51 PM
    You should have only one I485 application pending at a given time. If you file a second application your lawyer would advise you to withdraw the first one.

    Personally, I prefer an AOS to consular processing since I am in a stable job and of course my spouse would need EAD.

    So the answer to your question is that you do what is best given your situation.

    Also, since dependants are currently counted in the 140,000 available EB visa, it does not matter if you use one or both of your approved 140.

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  • Hassan11
    03-27 02:01 PM
    I agree with Randy. I think Ron Gotcher mentioned something very similar. what I am not sure about is:
    Can one apply for CP after I-485 been pending with USCIS?? is that possible?? does than mean that EAD and AP will be automatically not valid to be used?? do we have to be current in the VB to apply for CP??


    There is an advantage to filing through CP when USCIS is slow to process applications. According to statistics this has been the case for last 10 years with USCIS.

    CP approvals are pretty fast and when you apply they do not wait till the dates to become current, NVC process the application to the point where the only thing it needs is a visa number.

    For example April 1st when an applicants PD is current NVC will request a visa number for the applicant and any derivative applicants around the 10th of April (this is stadard practice). Then typically in the next 60 days (May or June in this case) schedule the interview. You get the visa after successful interview.

    If you filed AOS, USCIS is supposed to pull your case and start working on it when PD become current. From what we hear they do not do this properly, they do not follow establised guildlines (FIFO). CP has a distinct advantage in this regard. Only thing is you do not get to have EAD/AP.

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  • sanan
    05-16 03:36 PM
    Do we need to file that too for my wife , who is currently here on H4?

    Link (PDF) $1000 :O

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  • skdskd
    10-08 04:01 PM
    Your analysis doesn't include the impact of LC substitutions that happened.

    Yep... Lot's of line jumpers in 2006 and 2007


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  • RandyK
    04-03 12:19 PM
    A visa number gets allocated only when administrative approval is granted by NVC. Most likely when you applied (packet 3) last year your case was current and visa numbers was available, however by the time they approved your case the window was closed and PDs became U.

    NVC does not order a visa number for cases pending only for cases that they have approved/completed.

    They do this every month around the 10th like clock work, if by the 10th of any month your case is approved/completed by NVC & your PD is current they order a visa number for you from DOS.

    We called the NVC 2 days ago about the status of our application and the guy on the phone (who was, BTW, very polite and patient) told me that everything was processed and as soon as our PD was current we would get an interview appointment very soon.

    We also sent an email-inquiry to the NVC last week and just today we got the reply :
    "Unfortunately, this case no longer has a visa number available. This is
    because the applicant' visa category is oversubscribed, meaning that
    the available numerical limit of visas able to be issued was reached.
    Upon reaching the numerical limit of visas able to be issued, only
    beneficiaries who have a priority date earlier than listed in the current
    Visa Bulletin may be allotted a visa number in this visa category. "

    So, that must mean that they had a visa number for us back in August 2007 when they sent us the DS230-I and the bills for the visa fees although according to the VB for August/September 2007 EB3 ROW was "U" ?

    Hmm, I have to admit that I have kind of given up on understanding how this all works. I'm just looking forward to that day when we finally receive our GC and are able to move to the States.

    Good luck to all of you and even more patience !

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  • clove
    05-02 07:00 PM
    I am in a similar situation. After failing to get a definite answer on the exact time taken by the process of changing status to H4 while in the US, I have decided to take a trip to India to get this stamped instead. I was told that change of status to H4 needs to be approved before starting school, simply showing proof of having applied for COS is insufficient. But if you apply for change of status to F1,then approval is not required before starting school. However I would suggest you confirm this from your lawyer/school.


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  • vin13
    04-09 09:02 AM
    If you read my any previous posts and to repeat, there will be no issue to contribute from me or most of us here. We need an action item. Anyone with minimum common knowledge here sees there is no change in dates for the last 6 months, or even last few years. You seem to be a strong supporter of contributions, can you list one action item which we planned to take up in the last or in near future that addresses our concerns of backlogs. Now dont come back and tell me or send me a picture of July 07 campaign or your 12th grade or 10th grade marksheet. We need to be doing things of our interest EVERY single day. I do my job very good.. I know.. but I have to keep doing it everyday if I have to keep it. Similarly unless you put continuous efforts, you wont get continuous results.
    If you want a reply to your post from me again, come back with an action item that you see as planned.

    I agree with you.

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  • vrbest
    03-11 02:24 PM
    I am not sure on address.. For Child - I dont think you can add the name to your passport unless you plan not to have a separate passport for the child..

    Thanks for the info. I am planning to add my wife name by providing marriage certificate. Can i add my child name with his birth certificate. By not providing other address , can i avoid having US address on my passport.


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  • ivarz
    03-08 01:15 PM
    Donated $50 today in addition to $50 in February
    Transaction ID: #6FL96828KG990805B

    Appreciate IV efforts and will do my part in spreading the message!

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  • bugsbunny
    03-24 03:16 PM
    Speaking for myself, I'm not seeing the value.

    So...when I see them advocating for things that will make a difference, I might consider contributing at that time.

    JeffDG What is important to you and what would you like IV to be advocating for?

    I believe IV should take this very seriously
    I do believe all of IV's causes are good
    but i rarely see a vote on what IV plans to advocate for

    Perhaps having a list of issues displayed somewhere for all to see would be beneficial
    Regular polls would also be good
    When people see a cause that they truly care about being taken up...the contributions will automatically increase

    For a long time i was reluctant to contribute cause i had no idea what issues IV takes up when it plans Advocacy events

    Jeff contributing towards IV is like contributing to any non-profit, you can never be truly sure how and where your money will be utilized. As long as you share the same greater cause, it should not stop you from making atleast minimal contributions.


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  • rkg000
    08-03 02:01 PM
    i got green today

    Awesome. Enjoy the freedom.

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  • sareesh
    05-29 01:43 PM
    Paper filed(used law firm) on 04/21.
    Approval email on 5/12.
    Physical card: 5/28(me & spouse).
    Comments: my current EAD expires 08/14/10.
    New EAD dates 08/14/10 to 08/15/12.


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  • WaitingForMyGC
    01-19 12:01 PM
    Guys, Can we get some corporate funding on IV's effort. I agree that our contributions can also make a difference but if any big corporate decides to support our cause, don't you think it would make a very big difference, funding wise. Big companies like Mircrosoft, Oracle also do favor immigration reforms and I think they too are currently lobbying for the same. If somehow, we can also extract some contributions from them for the same cause that would really give great impetus to IV's efforts.

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  • Kodi
    05-08 12:17 PM
    That's tough. I just filed today. I really thought the max wait would be 3 months but you said its already been 3 months. My H1 is expiring Dec 1, 2007.


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  • my2cents
    10-21 02:41 PM
    Base Assumptions:
    EB2 ratio (Pre PERM) 30% Before PERM came, PD was almost current and nobody cared for EB3 or EB2
    EB3 ratio (Pre PERM) 70%
    EB2 ratio (Post PERM) 50% After PERM, retrogression, people jumped on take advantage on EB2
    EB3 ratio (Post PERM) 50%

    Dependant 2.1
    Indian National Ratio 60%

    Total Labor Calculations

    Approval Rate Total Comments Source
    Backlog 363000 60% 217800 Before Mar 2005
    PERM 171000 75% 128250 Mar 2005- Mar 07

    Total Labor (Approved) 217800 Pre PERM only
    Indian National 130680
    Total EB3 91476
    Total Eb2 39204

    Yearly allocation in % EB3 (total 485 applications) EB2 (total 485 Appl.) Total 485 Pending for Indian National
    2001 10 19210 8233 27443
    2002 20 38420 16466 54886
    2003 30 57630 24699 82328
    2004 35 67235 28815 96050
    2005 (Before march) 5 9605 4116 13721
    Mar 2005- Mar 2007 100% 80798 80798 161595
    Total EB pending for Indian 436023

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  • GCKaIntezar
    05-15 02:30 PM
    What is this picture I.D.? My wife is on H4 the only I.D. she has is passport ( NO DL). What else can we submit for photo id?

    Passport can serve as the picture ID in the absence of a drivers licesce or other identification with a picture.

    Check with your attorney too. I'm not a legal expert.


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  • 485Mbe4001
    05-16 06:22 PM
    Please note that even tho the dates have moved, we are not out of the woods. There is a definate possibililty that the dates could regress in October. If you choose consular processing and your category/country retrogresses then it will have implications. Talk to your lawyer before taking any decision.
    If you are lucky then its straightforward, for some its a nightmare, namecheck can take some time in the meantime your category can regress.

    I'm trying to make decision to pick consular or Adj. status.
    Please, can somebody tell me the flow on Adj. status here.
    1-File 485.
    2. Finger Print notice (you said around 30 days)
    3.?? (medical??)
    4.?? (FBI??)

    and total approximate time for same center for all family.

    I really apreciate if you can also write your experience to compare Consular and Adj. status.


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  • jainnidhi26
    03-06 10:47 AM
    We are also part of this seemingly unending wait to file the I-485. We missed the July '07 window.
    It is frustrating in many ways....
    My husband cannot switch job, even though better opportunities come his way!
    There are travel probs to India as these days there r all sorts of cases happenning when u go for 'stamping' in India.
    Also, I am a qualified & experienced professional (worked in a respectable MNC in India)....but cannot work. I did MBA from a university in PA thinking that it will help me launch myself in the job market when the EAD/GC comes.........but the 485 dates never came out of the spiralling mess.
    U might think that I can go the H1B way.......but that itself is going in a bigger mess & employers r not willing to do in any more

    So, when I saw this "Advocacy Day".....I thought its the time to get up & do something for ourselves as there might not be a second chance!!

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  • PlainSpeak
    01-12 02:13 PM
    Hi, regrading point 4,
    again, as I mentioned, there is not much we can do about that. People are trying to apply under EB2, no matter whether there is additional 55K or not. We just can not stop them. Politics is all about compromise. Do you agree this bill will also do something good for EB3? It might not be a prefect bill, but it is as close to perfect as we can get at this time, isn't it?
    Politics is all about compromise
    This kind of statements have been used time and again to justify actions taken by a section of people to skew things in their favor. How come there has been no compromise from EB2 folks or folks who have done MS here in US. When things became in favor of EB2 they started saying we are better educated so we deserve the GC sooner. Now US educated MS wil lstart saying the same thing. Compromise is something done to make it favorable for parties. Some more than othere but the fact is everyone gets some thing. In this case people with older priority dates wil get nothing. That is not a compromise that is called shafting.

    This bill might do something good for some EB3 folks who have advanced degree but then again instead of a EB2 and EB3 difference we will now have an EB3 MS and EB3 Non MS difference and as i see it there is not much difference between those two. Same wine new bottle.

    Being at the bottom of the totem pole is not a good place my friend. Shit always flow up to down never down to up.

    In any case what is being discussed here wil have no impact on the outcome of the bill. If the bill goes through MS educated EB3 folks wil get GC and non US educated folks will still be standing in the line applying for AP and EAD.

    04-01 10:40 AM
    Not necessarily. Remember JULY 2nd.
    July 2nd has to be cleared before July 7th!

    yeah 7 for EB3 total of 12 incl EB2, yeah there are a few June 07 EB3's in there. Mine is on July07 so i must be close :) ... fingers crossed

    09-01 10:06 AM
    This really is height of seems that readers think that USCIS IOs were desperately waiting for dates to get current and start approving applications...reality is they don't care and never cared..they may start issuing more RFEs if anything...Again stay rooted to ground and don;t start floating in the clouds....especially with USCIS's fantastic track record.....


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