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Written By muthmmuuuaaanniish on Monday, June 20, 2011 | 8:16 AM

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  • NKR
    03-09 12:34 PM
    another fr***ing disappointing bulletin..





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  • desi3933
    01-30 02:35 PM
    I dont get it, u r a EB3- india (ur profile says that) with SEp 05 PD and you got an RFE on 485? Cos, i know uscis did not even touch eb3 india with any PD of even 2002. something is not right?


    Incorrect! This is just a myth. I-485 RFE can be issued and it can be denied when PD is not current.

    Read on my post on same thread
    http://immigrationvoice.org/forum/showpost.php?p=313977&postcount=14





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  • nullpointergc
    06-08 06:22 PM
    You broke my heart. My kid is 5 yrs old so more wait for me.
    The rate at which USCIS is denying H1B, L1 Extensions it seems people who in In process for.

    PERM
    140
    485 might have to wait for sometime in the following manner.

    EB 2- PD 2001 - Wait till 2012
    EB 2- PD 2002 - Wait till 2015
    EB 2- PD 2003 - Wait till 2017
    EB 2- PD 2004 - Wait till 2020
    EB 2- PD 2005 - Wait till 2023
    EB 2- PD 2006 - Wait till 2026
    EB 2- PD 2007 - Wait till 2028
    EB 2- PD 2008 - Wait till 2031


    EB 3- PD 2001 - Wait till 2015
    EB 3- PD 2002 - Wait till 2019
    EB 3- PD 2003 - Wait till 2024
    EB 3- PD 2004 - Wait till 2028
    EB 3- PD 2005 - Wait till 2032
    EB 3- PD 2006 - Wait till 2036
    EB 3- PD 2007 - Wait till 2040
    EB 3- PD 2008 - Wait till 2044....not sure how many will be alive to receive their GC...anway it is worth a wait....

    I have a 12 yr old ...and mine is EB3 - 2007 ...I think my son who will be 43 by 2040 will get me perm residency.....





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  • ss1026
    11-01 01:04 PM
    Bumping..

    I am myself curious to see more ppl respond to this vote but I think it might be better if you bump it on a high traffic day. I guess the visa bulletin issuance day is a good one



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  • go_gc_way
    12-30 04:52 PM
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  • neelu
    12-11 05:09 PM
    USCIS cannot do anything on the matter. INA is clear on the AOS conditions, one of which is "An immigrant visa is IMMEDIATELY available at time of filing for adjustment of status" (INA 245, 8 USC 1225)

    INA should be changed which should be done through a legislative process, not through any rule making.


    As I understand the above, the law only says when you can file for AOS (to change which a legislative process is required).

    The above still does not throw any more light on the technicality which disallows concurrent filing. Does it?

    Was concurrent processing facility removed through a congressional action (legislation)? If not, why is it required to reinstate it?

    Is this a valid argument? If it is, then this particular request should be directed towards a body such as USCIS, etc and not the congress.

    Any comments?



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  • justAnotherFile
    07-25 12:24 PM
    "Dude/Dudette, I give up. The alien's eligibility and admissibility is decided at I-485 stage - FBI name checks, medical tests ring a bell? The law explicitly states that visa number availabililty is a pre-requisite for the adjustment of status application in 245(a)(3). If you can't understand - or choose to refuse to understand - plain English, have fun arguing with yourself".

    Dude I apologize if my line of argument is irritating you so much. btw 245(a)(3) is not plain english its legalese. And I'm not the one arguing with myself there are others in this thread who read the law along the same lines. Anyway this forum is for debate and thats what we are doing.
    Probably this option is not attractive to you that you are so pissed with it.

    Btw I'm contacting some attorneys on my personal expense to interpret this.
    If they reach the same conclusion as you I'll be happy to accept it, i have no issues and I'll post it on this thread.

    But the fact is at this point I still believe there may just be a 1% chance.





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  • desi3933
    03-10 03:22 PM
    I hope I have answered your question (in red). :)

    >> Once they (USCIS) reached last quarter then they(DOS) will make EB2-I/C current and distribute those spill-over visas across EB.

    Thanks MDix.

    You have no idea. Have a good day, sir!

    ______________________
    US citizen of Indian origin



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  • gc03
    07-24 03:36 PM
    Mr. Gonz�lez,

    I have a question on retrogression in Employment Based (EB) Visas. I am in the USA LEGALLY for the past 7 + years and am still waiting for my Green Card (Permanent Residency) in the employment based category. How long do I have to wait? With current retrogression of the dates, I cannot apply for adjustment of status for another 5 or more year. My green card process is going on and on for the past 4 + years. The situation is very disappointing one and all. My spouse is having Research Doctorate and waiting for my Permanent Residency to contribute to the economy and society.

    My Question:

    Is it possible to you allowing filing of I-485/EAD even if the visa number is not available? The Adjust Status of the case would obviously happen only after visa number becomes available.

    Regards,





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  • BlueSunD
    03-10 12:42 AM
    nice image thirdworldman! :thumb:



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  • diptam
    07-02 07:53 PM
    Ramus,
    I did that in the afternoon but the GOOGLE status is showing "In Process"
    is that okay ? Here are the details :-

    Order Details - Jul 2, 2007 2:22 PM EDT
    Google Order #669480843461078

    Thx,
    Diptam

    Thank you.. Please ask others to contribute.





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  • nomi
    12-11 02:38 PM
    [QUOTE=wildvoice]

    Yes, I am definitely for this idea that we should petition/ask USCIS to change the rules to allow those with approved I-140 to be able to file I-485 while their PD is not yet current even if we would pay US$5,000.:rolleyes:
    [QUOTE]



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  • ak27
    11-29 09:36 AM
    Good Morning Everyone,
    Let us setup a time and talk about meeting Law Makers. I can be reached at ajay1857@gmail.com

    My no is 732-910-5926.. Please get as many friend you can get signed up for our chapter. We have very few signed up so far. I would think that we have thousands of people like us in this boat.


    Thank you





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  • reddymjm
    09-10 06:12 AM
    IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
    ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
    Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.

    THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.

    Good luck guys.



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  • mallu
    02-22 07:17 PM
    Following advice of 'Googler' i skimmed through the USCIS OMbud's report. So USCIS is not able to accurately 'count' the cases because old cases at local offices are not accounted in system (?) . Otherwise it would have been a quick data base query to obtain whatever statistics.

    And i was interested in knowing how many India EB2 pending till Oct.2002 ;-)





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  • kumar1
    03-16 12:31 AM
    Your language says everything about you. I am glad I do not work with you.


    dudester,
    I work for a REAL big company and have a REAL good job. Don't get worked up you might get a cardiac arrest. :)

    And, please, gimme a break. H1B = high skilled? ya right.............keep living in your dream world buddy.........good for you. Most H1Bs, according to PUBLISHED research, earn less than $50,000.

    Freaking diploma holders from India get an H1B easily...........you think the monkeys who work for the outsourcing firms in India are "highly-skilled" ??
    :p

    Dude, IT and software are low skill jobs..........wake up and smell the coffee. Your saying "highly skilled" and holding up a placard won't change that reality. No one wants any more low skilled EB3 types in this country anymore. They are found dime a dozen.

    If your highness is so highly skilled, how come you are stuck in the EB3 queue and whine to get into EB2 ???

    Yes i AM selfish..........you got a problem with that?



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  • Ramba
    02-21 01:21 PM
    It is very difficult to predict how the cutoff date movement from april to september. All depends on how many EB3-ROW applications are ready for approval by March 8th, due to 2 years movement. After july fiasco, there are tons of fresh 485s got filed (may be 300K to 600K). There will be considerable EB3-ROW applicants to consume all the visas remaining in this year. As USCIS processing 485s based only on recived date (not by EB catagory not by PD wise and not by and countrywise), it is very diffcult to conclude that all the EB3-ROW 485s with PD before 2005 currently pending with USCIS, will be ready by March 8th to consume all the visas. If EB3-ROW consumption by march-8 is less than what DOS projecting, there may be a further movement. Depending upon DOS staergy, the remaining movement may be in EB3-ROW or EB2-In,CH. EB1-IN,EB2-IN, & EB3-In might have alrady consumed its quota. The only available numbers for Indians are spill over. So, depending upon DOS policy there will be a movement in EB3-ROW or EB2 In-CH. Other animal that affet this situation is, new policy of USCIS for very old name check cases (about 50,000). If the EB3-ROW has more name check victims, then movement for India will not be possible. So, its is very difficult to predict.





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  • mugwump
    09-26 12:00 PM
    She changed the article, but shouldn't we ask her to apologize for misinforming people???





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  • prioritydate
    12-20 04:31 PM
    Have you been out of country anytime after this...??If yes then you are fine.

    Once you re-enter US..all previous records will be cleared....!!!

    Yes, I did. In fact, many times.





    prioritydate
    12-20 07:42 PM
    <If anything like out of status or unauthorized employed happened before your last legal entry into USA (whether is more than 180 days or less than 180 days) IT DOES NOT MATTER and you can adjust status. You are fine. What's important is that "out of status" and "unauthorized stay" periods must not happen after you last entered USA and after you filed your 485 - and if it does happen, then it should be less than 180 days.>


    So, logiclife, going with your above statement, I don't have any problem with my adustment of status? My last legal entry to the U.S was Mar, 2006. I applied for AOS in July, 2007. Can you point to any USCIS memo/documents stating the above facts? I was out of status in the year 2001 (more than 180 days).





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