willwin
10-08 03:22 PM
We are all missing a point here.
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
Someone with a PD of 2006 who filed his/her AOS in 2006 should be far ahead in processing compared to someone with a PD of 2001(or who has been in the country for the last 20 years) but applied just a week ago.
Should USCIS hold the first case and wait for the other case to reach that stage? They can certainly do that if we don't blame them for wasting visa numbers every year.
It's not as simple as it sounds --Give GC to those old timers before the new comers!
Having said that, It certainly makes more sense to have some system which would atleast honestly attempt to be fair to the old timers.
BTW, I'm an old timer myself, 7th year in the country and a PD of 2003.
I would rather have them approve ANY case instead of wasting a single visa number.
If you mean what you were saying, then per me, approving pending CP cases (which are already at the consulate just awaiting VISA numbers) atleast the last few days of September (of every year) -if there are NO ELIGIBLE 485 cases would be the best way to utilize every single VISA number.
485 cases may be waiting for several reasons - case not processed yet, name check, RFE, FP etc. But cases in CP wait for just one reason - no VISA number - but still VISA numbers are wasted by the end of every year. Why CP cases do not get VISA numbers? because PD is not current. They are ready to waste VISA numbers instead!
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sankap
07-10 09:52 PM
@Ramba:
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?
Re wages, here's Yates memo verbiage:
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”
Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.
USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.
vin13
07-16 05:58 PM
I am starting this new thread to discuss about EB visas spillover usage based on oldest priority date irrespective of category/country. Currently the spillover happens vertically(a top down approach) from EB1 -> EB2 -> EB3...etc. Instead it should be first used on cases with oldest priority date. This will not only give a good move to clear the backlog but will also be a fair rule for those who are patiently waiting in queue for a long time. I wrote my concern about this to my local congressman. I also request each one of you, who is impacted by this, or who is interested to help us out, to kindly contact your local congressman/woman to express your concern. In turn they can contact USCIS to implement this fair rule to help us all out.
How about basing it on when a person entered the country. Will that be fair for you?
How about basing it on when a person entered the country. Will that be fair for you?
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lasvegas
02-05 10:36 AM
Lasantha,
Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?
Thanks.
Thanks for info about proof-of-funds question. Another quick question, what documents are needed to apply for SIN card & open a bank account?
Thanks.
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chanduv23
02-17 11:35 AM
I respectfully disagree. It has nothing to do with marketing, fraud desi companies put up free ads on sulekha, its the mindset of a large number of our audience we are missing and need to account for. maybe it has to do with jugaad.
Of course many of these expectations cannot be satisfied in a honest non profit.
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
Of course many of these expectations cannot be satisfied in a honest non profit.
A dinner for a family costs $50 easily.
A movie for a family costs $50.
The mindset is incepted deep inside and it is extremely difficult to change.
Sometimes, I see people wanting to do something, but their spouses don't allow them to.
When I told people that I received GC - some desis who r still waiting got pissed. I heard all sorts of things, some say "You cheated", some say "Never knew you were Eb2", some say, "Are you sure?, have you got the cards yet?, Did you finish biometrics?" Some eb3 folks said "We will get ours too, some issue with finger prints , my husband's boss is very close to the congressman and we have influence in INS", some say "Your lawyer did some magic" etc.....
People carry such mindsets, it is difficult to bring about awareness and change.
Macaca
07-08 08:09 PM
140K GCs were available on Oct 1 2005 and Oct 2006: categories were not current.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
< 40K GCs were available on June 12 2007: all categories were current.
If there is a law to prevent acceptance of ALL AOS's on Oct 1 (when 140K GCs are available) then that law was violated on June 12 2007.
If there is no law to prevent acceptance of AOS's on June 12 (when < 40K GCs were available) then all categories should have been current on Oct 1 2005 and Oct 1 2006.
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vempati
08-21 08:54 AM
Application received by R.Mickels on 07/02/07 at NSC ( I485/I131/I765), LUD on my I 140 on 07/28/07.My I 140 approved April 06. No receipts/ checks cashed. I m From NY,I think my application transfer to TSC.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
Actually I had problem since my son will be 21 on July 24th, I hope i will get receipt date July 2nd.
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BharatPremi
11-01 05:37 PM
pls try to understand...my statement is valid for beyond the 180 day period....i agree that one should not change before 180 days irrespective of whether the I-140 is approved or not...
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.
Note: With big companies, This may not happen. But with small desi companies this can happen.
the question is after the 180 day period..and my point is aytes memo clearly states that the I-140 need not be approved..
Even after 180 days, your employer put a withdrawal request with proof of insufficient financial strength to pay you from the period start (within 180 days ) till the withdrawal request date then what will you do? Now it is clearly "un approvable" during "even within 180 days" . Now 180 days passed already? - yes. I-140 is already approved? - No, Employer filed withdrawal ?- yes? Employer shows underlying reason of insufficient finance capacity within 180 days - yes .. Then case closed - Denial - Next.
So I would not play with fire.. Rather I would wait for I-140 approval if 180 days have already been passed.
Note: With big companies, This may not happen. But with small desi companies this can happen.
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qasleuth
02-12 02:28 PM
You have still not answered my question - where did you get the idea that I am here self imposing high standards? You have talked about everything else but that. So you have decided to take refuge by not answering the main reason why I said you are making accusations.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
As kumar pointed out, no need to be ultra harsh. Now let it go...bye.
And just to prove that you are not off the mark, you are confusing everyone else who is reading the posts, between being on the right side morally and having a high standard in general! Again, get this into your head before you start typing more nonsense.
I totally get that people like you need to feel like everyone is more or equally corrupt than themselves, and that you try very hard to push down someone's throat that they are also as flawed as you are. Its ok, I understand! You're in that state of mind right now, that's why you're after me for 3-4 posts arleady asking me to accept that I'm not morally sincere!
Its time you go back to being in an artificially blissful state of mind thinking that you have proven everyone on this planet who dare speak of ethics and moral to be somehow riding on a high horse.
I know people like you, they are a dime a dozen! I do not have to pander to your misguided statements anymore!
LOL ! You made your point on page 2 and you should have let it go (about the morality of the issue)...when you keep hitting the point home giving the impression that you are squeaky clean is where my post came in. You misrepresented when you applied for a student visa and then got a job. period. Then you attack the other guy on his comm skills by saying things like "thinking in your native tongue and translating" BS when your own comm skills are in doubt. I have not condoned any of the actions in this thread, just taking exception to your language and presumptions.
As kumar pointed out, no need to be ultra harsh. Now let it go...bye.
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arihant
05-02 11:44 AM
nk2006,
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
I read it the same way as you. The only difference I see here from provisions in CIR is that this seems to make a distinction between advanced degree holders from US vs outside. Looks like advanced degree holders from US do not have the 3 year restriction. This also seems to be consistent with section 203 where the employer would be allowed to start the GC process for US educated students while they are in OPT stage itself.
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sridhar68
09-10 09:15 AM
I don't know what this means. This is what it say in the Mumbai website.
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
Category India Most Other Countries
F1 22 July 2003 22 July 2003
FX 1 March 2003 1 March 2003
F2A 1 June 2005 1 June 2005
F2B 22 August 2001 22 August 2001
F3 15 Janurary 2001 15 Janurary 2001
F4 15 April 1999 15 April 1999
E1 Current Current
E2 22 January 2005 Current
E3 22 February 2002 1 June 2002
EW 1 June 2001 1 June 2001
E4 Current Current
E4-Religious Current Current
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apnair2002
05-06 09:35 AM
http://www.baltimoresun.com/news/nationworld/bal-te.immig06may06,0,3245994.story?coll=bal-nationworld-headlines
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abq_gc
08-18 02:44 PM
How do you know that people with more recent priority dates are getting approved and you have been left out? You know this because these members of IV share this info with you and you are talking about using this info against them.
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
well if they want to do that.. they can do that... wont discourage us from fighting this injustice against everyone in the legal immigration community... i for one consider the plight of EB-3 at this time to be more than that of EB-2... but why are just fighting among ourselves... instead of doing something as a group ??
I won't be surprised if this will discourage people to just silently leave the forum after getting approvals.
well if they want to do that.. they can do that... wont discourage us from fighting this injustice against everyone in the legal immigration community... i for one consider the plight of EB-3 at this time to be more than that of EB-2... but why are just fighting among ourselves... instead of doing something as a group ??
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anilkumar0902
09-14 11:36 AM
Nebraska
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va_dude
06-26 09:43 AM
The way i understand this, not all companies are bound by the EOE laws.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
Certain conditions have to be met to be considered an EOE.
Not every employer is an equal opp employer, so those guys can hire whoever they want.
Besides hiring folks on h1b, etc could add to costs for employers. So they choose not to employ such folks.
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jthomas
05-08 10:42 PM
How about framing a letter and getting 5000 copies through a printing press for $125/- and send it to all the lawmakers, press media. We have done a flyier campaign for IV how about a flyer campaign again.
:) The stamps would be getting expensive, Buy it today or tommorrow from Costco (100 forever stamps for 41 dollars:(
It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.
QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
:) The stamps would be getting expensive, Buy it today or tommorrow from Costco (100 forever stamps for 41 dollars:(
It is true that country quota is a discrimination. But when you just try to remove the country quota other country persons are going to oppose as they will be impacted if country quota is removed. But if you try with other agenda like recapture then opposition may not be strong and also every one will get benefit.
QUOTE=hindu_king;339926]Below is what I sent. Maybe we can tweak this letter and send it to all senators and congressmen.
Subject: Discrimination of Indian Immigrants
Dear President Obama,
I wanted to bring to your attention the plight of hundreds of thousands of highly skilled Indian immigrants waiting endlessly for many years in order to obtain a permanent residency in the US. The process of getting a permanent residency is a long, winding, time consuming, financially and emotionally draining experience, with no end at sight. After 5 to 10 years of waiting in line, paying taxes, obeying law, many high skilled workers from India find that permanent residency is only a dangling carrot that they may never get it.
One of the biggest hurdles for high skilled immigrants from India is a country cap that limits applicants from any one country from having more than 7% of the available employment based green cards (140,000 visa numbers per year). This means applicants from countries like Andorra and Luxembourg get the same number of green cards as applicants from India and China. This causes a person from India and China to wait 5 to 10 years in order to get permanent residency while applicants from all other countries have zero wait time. We are here in USA because we wanted to be a part of USA, and not because we came from a certain country. All applicants should be treated equally and country cap only allows discrimination by national origin in the disguise of fairness to all, as US has a lot more high skilled workers from India or China than from Andorra or Luxembourg.
President Obama, we are here to pursue the American Dream and we find hurdles at every level during the immigration process. I request you to kindly remove the discriminatory country cap and provide us relief. This is a small step that can enormously help hundred of thousands of high skilled immigrants and we will be grateful to you for our lifetime.
Thank you President Obama and you are doing a wonderful job!
Sincerely,
Xxxxx xxxxx[/QUOTE]
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sam_hoosier
02-09 11:37 AM
Things are very different in India now compared to when I came to the US (1999). Infact, I might not have taken the decision to come to the US had conditions been what they are now i.e. economy, job situation etc.
That being said, its a personal choice for most people - based on family ties, job situation, field of work and the reason for coming to the US/leaving India.
That being said, its a personal choice for most people - based on family ties, job situation, field of work and the reason for coming to the US/leaving India.
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nvssln
09-22 04:09 PM
I applied 1st EAD renewal for myself and my wife in August 4th. Still waiting.
Service Center: TSC
Mailed Date: August 4th.
USCIS Recived: August 6th.
Notice Date: August 13th.
Online shows as USCIS received those on the August 12th. Still waiting on EAD approval.
We mailed the AP documents for our family along with the EAD apps. APs for my wife and son were approved on the August 17th. Still waiting on the approval of AP for me.
I suspect who was processing our cases had gone on a big vacation.
Service Center: TSC
Mailed Date: August 4th.
USCIS Recived: August 6th.
Notice Date: August 13th.
Online shows as USCIS received those on the August 12th. Still waiting on EAD approval.
We mailed the AP documents for our family along with the EAD apps. APs for my wife and son were approved on the August 17th. Still waiting on the approval of AP for me.
I suspect who was processing our cases had gone on a big vacation.
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desi3933
07-09 02:27 PM
where is the attachment?
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
Here is the memo. USCIS Link
(http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf)
Refer to Page 6.
Question 8. Can an alien port to self-employment under INA � 204(j)?
Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a "same or similar" occupational classification as the job for which the original I-140 petition was filed.
..............
.
GCapplicant
03-28 12:24 PM
Yep, I want to predict what USCIS may do,,, not what I want USCIS to do :)
The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
Reconciliations
1. Converted or converting cases from EB3 to EB2
2. Two Sets of applications from the same family ( Husband and Wife)
3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
4. Two different Alien numbers.
5. The cases stuck in the name check and realased becaues of 180 days memo
Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured
The above is my assumption for visa dates are not moving forward.
The priority dates or per country limit does not matter for USCIS right now. My prediction is USCIS currently must be working on the following reconciliations in order to avoid duplicating visa numbers and wasting visa numbers. Unless USCIS have the correct number of visa requirements, the dates will not move forward.
Reconciliations
1. Converted or converting cases from EB3 to EB2
2. Two Sets of applications from the same family ( Husband and Wife)
3. I-140 from multiple employer for the same applicant (Both Hunsband and wife).
4. Two different Alien numbers.
5. The cases stuck in the name check and realased becaues of 180 days memo
Once everything is sorted out...its going to be one click away for USCIS to adjusdicate the cases. If DOS moves the dates before USCIS sorting out the above, they are inviting a law suits or Mandamus writ due to outside of processing time. Now USCIS is having breathing time by keeping the priority date backward. Probably, after all the reconciliations, unused visa numbers may be recaptured
The above is my assumption for visa dates are not moving forward.
diptam
06-26 02:33 PM
"Until and after 1 year" - how does it save me - the word "until"
please explain for me - Thanks Much ?
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
please explain for me - Thanks Much ?
Why don;t you sign unless it say until and after 1 year approval:, you can leave employment after 6 months of filing I-485 and see what happens at that time, you have nothing to loose
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