
dontcareaboutGC
03-19 11:24 AM
Ignore this if this is a repost!
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
U.S. House of Representatives
Committee on the Judiciary
Subcommittee on Immigration, Citizenship, Refugees, Border Security,
and International Law
Hearing on Comprehensive Immigration Reform: Government Perspectives
on Immigration Statistics
Testimony of Charles Oppenheim
Chief, Immigrant Control and Reporting Division
Visa Services Office
U.S. Department of State
June 6, 2007
2:00 p.m.
2141 Rayburn House Office Building
Chairman Lofgren, Ranking Member King, and distinguished members of
the Committee, it is a pleasure to be here this afternoon to answer
your questions and provide an overview of our immigrant visa control
and reporting program operated by the U.S. Department of State. The
Department of State is responsible for administering the provisions of
the Immigration and Nationality Act (INA) related to the numerical
limitations on immigrant visa issuances. At the beginning of each
month, the Visa Office (VO) receives a report from each consular post
listing totals of documentarily-qualified immigrant visa applicants in
categories subject to numerical limitation. Cases are grouped in three
different categories: 1) foreign state chargeability, 2) preference,
and 3) priority date.
Foreign state chargeability for visa purposes refers to the fact that
an immigrant is chargeable to the numerical limitation for the foreign
state or dependent area in which the immigrant's place of birth is
located. Exceptions are provided for a child (unmarried and under 21
years of age) or spouse accompanying or following to join a principal
to prevent the separation of family members, as well as for an
applicant born in the United States or in a foreign state of which
neither parent was a native or resident. Alternate chargeability is
desirable when the visa cut-off date for the foreign state of a parent
or spouse is more advantageous than that of the applicant's foreign
state.
As established by the Immigration and Nationality Act, preference is
the visa category that can be assigned based on relationships to U.S.
citizens or legal permanent residents. Family-based immigration falls
under two basic categories: unlimited and limited. Preferences
established by law for the limited category are:
Family First Preference (F1): Unmarried sons and daughters of U.S.
citizens and their minor children, if any.
Family Second Preference (F2): Spouses, minor children, and unmarried
sons and daughters of lawful permanent residents.
Family Third Preference (F3): Married sons and daughters of U.S.
citizens and their spouses and minor children.
Family Fourth Preference (F4): Brothers and sisters of U.S. citizens
and their spouses and minor children provided the U.S. citizen is at
least 21 years of age.
The Priority Date is normally the date on which the petition to accord
the applicant immigrant status was filed, generally with U.S.
Citizenship and Immigration Services (USCIS). VO subdivides the annual
preference and foreign state limitations specified by the INA into
monthly allotments. The totals of documentarily-qualified applicants
which have been reported to VO are compared each month with the
numbers available for the next regular allotment. The determination of
how many numbers are available requires consideration of several
variables, including: past number use; estimates of future number use
and return rates; and estimates of USCIS demand based on cut-off date
movements. Once this consideration is completed, the cutoff dates are
established and numbers are allocated to reported applicants in order
of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy
all reported documentarily qualified demand, the category is
considered "Current." For example: If the monthly allocation target is
10,000, and we only have 5,000 applicants, the category can be
"Current.� Whenever the total of documentarily-qualified applicants in
a category exceeds the supply of numbers available for allotment for
the particular month, the category is considered to be
"oversubscribed" and a visa availability cut-off date is established.
The cut-off date is the priority date of the first
documentarily-qualified applicant who could not be accommodated for a
visa number. For example, if the monthly target is 10,000 and we have
25,000 applicants, then we would need to establish a cut-off date so
that only 10,000 numbers would be allocated. In this case, the cut-off
would be the priority date of the 10,001st applicant.
Only persons with a priority date earlier than a cut-off date are
entitled to allotment of a visa number. The cut-off dates are the 1st,
8th, 15th, and 22nd of a month, since VO groups demand for numbers
under these dates. (Priority dates of the first through seventh of a
month are grouped under the 1st, the eighth through the 14th under the
8th, etc.) VO attempts to establish the cut-off dates for the
following month on or about the 8th of each month. The dates are
immediately transmitted to consular posts abroad and USCIS, and also
published in the Visa Bulletin and online at the website
www.travel.state.gov. Visa allotments for use during that month are
transmitted to consular posts. USCIS requests visa allotments for
adjustment of status cases only when all other case processing has
been completed. I am submitting the latest Visa Bulletin for the
record or you can click on: Visa Bulletin for June 2007.
BACKGROUND INFORMATION ON THE SYSTEM AND CLARIFICATION OF SOME
FREQUENTLY MISUNDERSTOOD POINTS:
Applicants entitled to immigrant status become documentarily qualified
at their own initiative and convenience. By no means has every
applicant with a priority date earlier than a prevailing cut-off date
been processed for final visa action. On the contrary, visa allotments
are made only on the basis of the total applicants reported
�documentarily qualified� (or, theoretically ready for interview) each
month. Demand for visa numbers can fluctuate from one month to
another, with the inevitable impact on cut-off dates.
If an applicant is reported documentarily qualified but allocation of
a visa number is not possible because of a visa availability cut-off
date, the demand is recorded at VO and an allocation is made as soon
as the applicable cut-off date advances beyond the applicant's
priority date. There is no need for such applicant to be reported a
second time.
Visa numbers are always allotted for all documentarily-qualified
applicants with a priority date before the relevant cut-off date, as
long as the case had been reported to VO in time to be included in the
monthly calculation of visa availability. Failure of visa number
receipt by the overseas processing office could mean that the request
was not dispatched in time to reach VO for the monthly allocation
cycle, or that information on the request was incomplete or inaccurate
(e.g., incorrect priority date).
Allocations to Foreign Service posts outside the regular monthly cycle
are possible in emergency or exceptional cases, but only at the
request of the office processing the case. Note that, should
retrogression of a cut-off date be announced, VO can honor
extraordinary requests for additional numbers only if the applicant's
priority date is earlier than the retrogressed cut-off date. Not all
numbers allocated are actually used for visa issuance; some are
returned to VO and are reincorporated into the pool of numbers
available for later allocation during the fiscal year. The rate of
return of unused numbers may fluctuate from month to month, just as
demand may fluctuate. Lower returns mean fewer numbers available for
subsequent reallocation. Fluctuations can cause cut-off date movement
to slow, stop, or even retrogress. Retrogression is particularly
possible near the end of the fiscal year as visa issuance approaches
the annual limitations.
Per-country limit: The annual per-country limitation of 7 percent is a
cap, which visa issuances to any single country may not exceed.
Applicants compete for visas primarily on a worldwide basis. The
country limitation serves to avoid monopolization of virtually all the
annual limitation by applicants from only a few countries. This
limitation is not a quota to which any particular country is entitled,
however. A portion of the numbers provided to the Family Second
preference category is exempt from this per-country cap. The American
Competitiveness in the Twenty-First Century Act (AC21) removed the
per-country limit in any calendar quarter in which overall applicant
demand for Employment-based visa numbers is less than the total of
such numbers available.
Applicability of Section 202(e): When visa demand by
documentarily-qualified applicants from a particular country exceeds
the amount of numbers available under the annual numerical limitation,
that country is considered to be oversubscribed. Oversubscription may
require the establishment of a cut-off date which is earlier than that
which applies to a particular visa category on a worldwide basis. The
prorating of numbers for an oversubscribed country follows the same
percentages specified for the division of the worldwide annual
limitation among the preferences. (Note that visa availability cut-off
dates for oversubscribed areas may not be later than worldwide cut-off
dates, if any, for the respective preferences.)
The committee submitted several questions that fell outside of VO�s
area of work, therefore, I have provided in my written testimony today
the answers only to those questions that the Department of State can
answer. Thank you for this opportunity.
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krishna_brc
05-30 07:11 AM
Hi gurus, Please advise
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:
I have an approved I-140 and july 485 filer, also have valid h1 till 2010.
I work for company X and have an offer from company Y.
What are my best options now
1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
should the new H1-B Job code match with my Labor Certification?
2. Use EAD - the complication here is my desi employer filed my labor
as an IT Manager which i am not and i am not sure the new employer would
give me the matching offer letter.
Thanks,
Krishna:confused:

bkarnik
08-24 05:05 PM
Quick point:
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
2011 2002 NISSAN ALTIMA 4DR SDN SL

ilikekilo
05-05 11:42 AM
Wasnt there a recent settled law suit that could evnetually force USCIS to consider and work on a petition if its pending for more than 180 days?
Then I suppose this non concurrent priocessing may be a good thing...isnt it?
I still cant fathom what would be the real consequences of this non concurrent processing..anyone?
going to the comments section, I believe its just a "process" to go thru...
I did submit comments when they proposed fee hike for many gc applications like 485, 140 etc.. they receveid lot of comments BUT they went ahead and increased the fee anwyays...:)
Then I suppose this non concurrent priocessing may be a good thing...isnt it?
I still cant fathom what would be the real consequences of this non concurrent processing..anyone?
going to the comments section, I believe its just a "process" to go thru...
I did submit comments when they proposed fee hike for many gc applications like 485, 140 etc.. they receveid lot of comments BUT they went ahead and increased the fee anwyays...:)
more...

desi485
02-01 12:19 PM
Finally after nine years in US my Green Card is approved.
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congratulations! Don't forget to check this Wiki (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC) for things to do now....
Wish you good luck, and very happy for you. I wish all others good luck too.:)
On this very day in 2001 i was in flight to USA
1) Came to US on Feb 1st 2001
2) Changed employer in 2002 and GC applied in 2003 in EB3
3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
4) Application with the DOL sent to the BEC
5) DOL approved the petition in Jan 2007
6) Applied I140 in April 2007
7) Applied I485 in July 2007
8) FP completed and EAD received in September 2007
9) I140 RFE Aug 2008
10) I140 denied in March 2009 - Reason is Too may petitions from the employer
11) Appeal sent in April 2009
12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
13) New I140 filed in Sep 2009
14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
15) Appeal withdrawn in October 2009
16) New I140 approved in Nov 2009
17) FP notices received in November for I485
18) FP done in December 2009
19) Infopass appointment in Jan 2010. Background check is completed
20) Received CPO emails for both the cases on Jan 21st 2010
21) Welcome notice mailed on Jan 22nd 2010
22) Welcome Notice and Cards received on Jan 30th.
22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.
For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)
I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.
Thanks
Congratulations! Don't forget to check this Wiki (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC) for things to do now....
Wish you good luck, and very happy for you. I wish all others good luck too.:)

ramrrec
03-08 10:06 AM
Extremely sorry Prem for interrupting your thread.
Hi Ann Ruben,
I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
This thread is available in same category on this site.
Appreciate your quick response in advance!!
Thanks and regards
Ramrrec
Hi Ann Ruben,
I am kindly requesting you to respond to my thread mentioned below as soon as possible as it is really URGENT.
My Thread Title: URGENT-Is it legally allowed to enter US with H1B visa stamp of 'CLOSED' company? .
This thread is available in same category on this site.
Appreciate your quick response in advance!!
Thanks and regards
Ramrrec
more...

gc_on_demand
06-13 04:15 PM
Please call..
2010 Modified OEM Grill with

h1vegas
10-07 07:37 PM
Keep a copy of your paystub at your work place
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
PS: Official comes from DHS to your office not your home
Moreover how hard it is to keep a copy of your paystub at your desk
more...

chalamurariusa
04-28 11:43 AM
I have been trying to find out about this document mailed mystery.
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
We applied for our GC in aug 2007. Recd a RFE for I 693 Skin test for TB on april 16th 2009. We still hv to reply to the RFE.My elder son is over 21 and is on AOS and today on the online status we saw a message.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
On April 22, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
He too had recd the RFE for TB skin test. We are really worried as to what cld this mean. Has anyone ever recd a message like this. Please someone advise as to what it cld be
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oomshiva
07-12 09:46 AM
this is realy getting more confusing and I think
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )
more...

485Mbe4001
07-25 12:11 PM
Nice...Calculations work if its a public company with a responsibility to make profits and please shareholders. We are talking about an entity we really know nothing about, all calculations go out of the window in this case
-- I filed my 485 in dec 2004 :p i have spent many hours dreaming up rational calculations, but i feel i would have been better off watching the traffic from my office window.:(
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don’t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is…
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let’s us say, it takes about 1/2 the time fill the application; that’s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don’t they have enough employees (This shouldn’t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don’t care about immigrants or their plights. :rolleyes:
-- I filed my 485 in dec 2004 :p i have spent many hours dreaming up rational calculations, but i feel i would have been better off watching the traffic from my office window.:(
Here is the calculation I came up with USCIS processing of our I-485 applications.
USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don’t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
So, 584/50 = 12(Approx) applications they need to process in a day, per person.
So, do you think it is viable? Of course, it is…
What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let’s us say, it takes about 1/2 the time fill the application; that’s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don’t they have enough employees (This shouldn’t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don’t care about immigrants or their plights. :rolleyes:
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americandesi
07-05 04:38 PM
If you leave US for 2 or 3 years and get back through a new employer, does your I140 priority date still holds good. A friend of mine got his I140 approved, left to canada and got his citizenship. He intends to move back and want to know if he can still use his priority date. Thanks.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
I think you meant, I-485 in the first line. Once I-140 is Approved, its valid forever and you can apply for I-485 anytime as long as the PD holds good.
Since he's a canadian citizen he has 3 options to enter US viz. H1, L1 , TN. I would suggest that he enter US with H1 or L1 rather than TN, as the former has immigrant intent while the later doesn't. Applying for I-485 with TN VISA might result in rejection.
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kumar1
09-26 09:18 AM
You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
Worst possible case would be - you realize after 6 years that you should have stuck with one employer!
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manderson
09-19 08:06 AM
If you were to set out to design a story that would inflame populist rage, it might involve immigrants from poor countries, living in the United States without permission to work, hiring powerful Washington lobbyists to press their case. In late April, The Washington Post reported just such a development. The immigrants in question were highly skilled � the programmers and doctors and investment analysts that American business seeks out through so-called H-1B visas, and who are eligible for tens of thousands of "green cards," or permanent work permits, each year. But bureaucracy and an affirmative-action-style system of national-origin quotas have created a mess. India and China account for almost 40 percent of the world's population, yet neither can claim much more than 7 percent of the green cards. Hence a half-million-person backlog and a new political pressure group, which calls itself Immigration Voice.
The group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration. Immigration Voice represents the kind of immigrants whose economic contributions are obvious. It is not a coincidence that the land of the H-1B is also the land of the iPod. Such immigrants are not "cutting in line" � they're petitioning for pre-job documentation, not for post-job amnesty. And people who have undergone 18 years of schooling to learn how to manipulate advanced technology come pre-Americanized, in a way that agricultural workers may not.
But Immigration Voice could still wind up crying in the wilderness. As the Boston College political scientist Peter Skerry has noted, many of the things that bug people about undocumented workers are also true of documented ones. Legal immigrants, too, increase crowding, compete for jobs and government services and create an atmosphere of transience and disruption. Indeed, it may be harder for foreign-born engineers to win the same grip on the sympathies of native-born Americans that undocumented farm laborers and political refugees have. Skilled immigrants can't be understood through the usual paradigms of victimhood.
The economists Philip Martin, Manolo Abella and Christiane Kuptsch noted in a recent book, "As a general rule, the more difficult it is to migrate from one country to another, the higher the percentage of professionals among the migrants from that country." Often this means that the more "backward" the country, the more "sophisticated" the immigrants it supplies. Sixty percent of the Egyptians, Ghanaians and South Africans in the U.S. � and 75 percent of Indians � have more than 13 years of schooling. Their home countries are not educational powerhouses, yet as individuals, they are more highly educated than a great many of the Americans they live among. (This poses an interesting problem for Immigration Voice, which polices its Web forums for condescending remarks toward manual laborers.)
So how are we supposed to address the special needs of this class of migrant? For the most part, we don't. The differences between skilled and unskilled immigrants are important, but that doesn't mean that they are always readily comprehensible either to politicians or to public opinion. When high-skilled immigrants who are already like us show themselves willing to become even more so, jumping every hoop to join us on a legal footing, it dissolves a lot of resistance. But it doesn't dissolve everything. It doesn't dissolve our sense that people like them are different and potentially even threatening.
If we consider our own internal migration of recent decades, this will not surprise us. You would have expected that big movements of people between states � particularly from the North to the Sun Belt and from Pacific Coast cities to Rocky Mountain towns � would cause increasing uniformity and unanimity. But that didn't happen. Instead, this big migration has coincided with the much harped-on polarization between "red" and "blue" America.
Georgians take up jobs on Wall Street and New Englanders unload their U-Hauls in Texas. The sky doesn't fall � but neither do cultural or political tensions between respective regions of the country. Consider the diatribes that followed the last election, in which "red" America stood accused of everything from ignorance and bloodlust to knee-jerk conformity. Or consider North Carolina. As the state filled up with new arrivals from such liberal states as New York and New Jersey, political pundits predicted the demise of its longtime ultraconservative senator Jesse Helms. But Helms won elections until he retired in 2002, largely because many of those transplants voted for him enthusiastically. The sort of Yankees who moved to North Carolina had little trouble adopting the political outlook of their new neighbors. But you didn't notice North Carolinians begging for more of them.
While Immigration Voice looks like an immigrant movement that Americans can rally behind, its prospects are mixed. A recent measure sponsored by Senator Arlen Specter of Pennsylvania to nearly double the number of H-1B visas was passed through committee, then killed and then revived. The fate of skilled immigrants hinges on public opinion, and that is hard to gauge. Even an employer delighted to sponsor an H-1B immigrant for a green card might have no particular political commitment to defending the program, or to wringing inefficiencies out of it. The arrival of skilled individuals arguably makes America a more American place. But not necessarily a more welcoming one. Christopher Caldwell is a contributing writer for the magazine.
Copyright 2006 The New York Times Company. Reprinted from The New York Times Magazine of Sunday, May 6, 2006.
The group's efforts will be a test of the commonly expressed view that Americans are not opposed to immigration, only to illegal immigration. Immigration Voice represents the kind of immigrants whose economic contributions are obvious. It is not a coincidence that the land of the H-1B is also the land of the iPod. Such immigrants are not "cutting in line" � they're petitioning for pre-job documentation, not for post-job amnesty. And people who have undergone 18 years of schooling to learn how to manipulate advanced technology come pre-Americanized, in a way that agricultural workers may not.
But Immigration Voice could still wind up crying in the wilderness. As the Boston College political scientist Peter Skerry has noted, many of the things that bug people about undocumented workers are also true of documented ones. Legal immigrants, too, increase crowding, compete for jobs and government services and create an atmosphere of transience and disruption. Indeed, it may be harder for foreign-born engineers to win the same grip on the sympathies of native-born Americans that undocumented farm laborers and political refugees have. Skilled immigrants can't be understood through the usual paradigms of victimhood.
The economists Philip Martin, Manolo Abella and Christiane Kuptsch noted in a recent book, "As a general rule, the more difficult it is to migrate from one country to another, the higher the percentage of professionals among the migrants from that country." Often this means that the more "backward" the country, the more "sophisticated" the immigrants it supplies. Sixty percent of the Egyptians, Ghanaians and South Africans in the U.S. � and 75 percent of Indians � have more than 13 years of schooling. Their home countries are not educational powerhouses, yet as individuals, they are more highly educated than a great many of the Americans they live among. (This poses an interesting problem for Immigration Voice, which polices its Web forums for condescending remarks toward manual laborers.)
So how are we supposed to address the special needs of this class of migrant? For the most part, we don't. The differences between skilled and unskilled immigrants are important, but that doesn't mean that they are always readily comprehensible either to politicians or to public opinion. When high-skilled immigrants who are already like us show themselves willing to become even more so, jumping every hoop to join us on a legal footing, it dissolves a lot of resistance. But it doesn't dissolve everything. It doesn't dissolve our sense that people like them are different and potentially even threatening.
If we consider our own internal migration of recent decades, this will not surprise us. You would have expected that big movements of people between states � particularly from the North to the Sun Belt and from Pacific Coast cities to Rocky Mountain towns � would cause increasing uniformity and unanimity. But that didn't happen. Instead, this big migration has coincided with the much harped-on polarization between "red" and "blue" America.
Georgians take up jobs on Wall Street and New Englanders unload their U-Hauls in Texas. The sky doesn't fall � but neither do cultural or political tensions between respective regions of the country. Consider the diatribes that followed the last election, in which "red" America stood accused of everything from ignorance and bloodlust to knee-jerk conformity. Or consider North Carolina. As the state filled up with new arrivals from such liberal states as New York and New Jersey, political pundits predicted the demise of its longtime ultraconservative senator Jesse Helms. But Helms won elections until he retired in 2002, largely because many of those transplants voted for him enthusiastically. The sort of Yankees who moved to North Carolina had little trouble adopting the political outlook of their new neighbors. But you didn't notice North Carolinians begging for more of them.
While Immigration Voice looks like an immigrant movement that Americans can rally behind, its prospects are mixed. A recent measure sponsored by Senator Arlen Specter of Pennsylvania to nearly double the number of H-1B visas was passed through committee, then killed and then revived. The fate of skilled immigrants hinges on public opinion, and that is hard to gauge. Even an employer delighted to sponsor an H-1B immigrant for a green card might have no particular political commitment to defending the program, or to wringing inefficiencies out of it. The arrival of skilled individuals arguably makes America a more American place. But not necessarily a more welcoming one. Christopher Caldwell is a contributing writer for the magazine.
Copyright 2006 The New York Times Company. Reprinted from The New York Times Magazine of Sunday, May 6, 2006.
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raj2007
06-17 02:32 AM
I am planning to apply for both Canadian Permanent Residency and US green card next month. Assuming that I get my Canadian Permanent Residency and US Greencard after two years, what options do I have to maintain the permanent resident status in both countries, so that I am eligible to apply for citizenship in both countries.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.
Some say that showing proof of residence in both countries, commuting between the countries for work (Windsor-Canada and Detroit-US) and paying taxes in both countries would suffice.
Please guide me on this.
How can you ride on 2 horses?:)
Canada needs 3yr PR for citizenship while US needs 5. I feel it wil be issue while border crossing. US is very strict and they may take GC away.Take canadian citizenship first and then apply here. Thay way you can have both.
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chantu
06-04 10:13 AM
I had a account in Bank of America, and they sent me a letter when i asked them to send a "Account verification letter for Immigration purposes" They charged me $10 for that and took around a week. See if you can open a account at a local bank and try transfering the money to that account, Before you decide on opening a account , confirm if they issue such a letter.
I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.
I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.
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villamonte6100
08-21 09:39 AM
It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.
I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
I did make a one time conribution of $100.00 to IV.
Thanks a lot. All the best to all.
Do you still need to go for an interview? I just wanted to know and what kind of questions they ask during the interview. You could provide us with very helpful tips and what to expect.
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potatoeater
05-10 02:00 PM
Dude, you revived a 6 month old thread just to ask this innocuous question? And the title of this thread is pretty alarming.
Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.
To admins..
we should have some facility to automatically close the threads that have been inactive for a while.
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
-Kumaresh
Expect 5 thousand red dots now. Everybody will come down on you like a ton of bricks.
To admins..
we should have some facility to automatically close the threads that have been inactive for a while.
Guys,
I have a long layover at New Delhi airport. I am reaching their at 8PM and my next flight in the morning at 7:30AM. Is there any accommodation facility within airport? Or Do i need to go to city? This is the first time, i am going through delhi airport. Any helpful comments are welcome. Thanks and appreciate your help.
-Kumaresh
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REEF�
06-07 06:16 PM
Lol...don't feel bad it's not your fault.
rkrishna123
10-17 02:52 PM
Hi,
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
I have applied for my EAD and I-485 in the month of June '07 and all that i have recieved so far is my wife's EAD. I still did not recieve my EAD nor the finger prints notice nor the 485 yet. I have to move to IL from TX now and i am in a big confusion now. I heard that the mails from the USICS will not be forwarded to any new address by the USPS. If i would want to change my address with the USCIS now will it be a good move or is there any other alternative that you all could suggest me...Please advice me on this issue and help me out of this situation.
Krishna.
nogcyet
07-17 12:05 AM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
wonder why different attorneys have different requirements
Copy of W2 and recent two pay-stubs is sufficient to file AOS.:)
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