Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment 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 Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “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 Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment 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 Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “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 Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
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Lisap
09-11 04:11 PM
Hi Lisap,
I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...
Did ur case status say 'ordered' before you got the ead in mail?
Thanks.
No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.
I got an email last night saying EAD card ordered on Sep8 which is a saturday.. This morning I got two emails again saying that same card was ordered on Sep 10. However this is the spouse's ead and I see the lud as 9/10 on 5 of our 485/ead/ap apps. However spouse AP (whose ead was ordered) still has 9/5. I don't understand y they approve one and take time for the other. I think their system has some issues...
Did ur case status say 'ordered' before you got the ead in mail?
Thanks.
No mine did not say that for myself or my husband. It just said approval notice sent. It still says the same thing it has never changed or been updated. It could be there system- who knows! I hope you get yours soon! Keep me updated.
mirage
03-15 11:23 PM
There is very simple reason for this, during 1999-2002 H1B cap was raised to 190,000 even if you make a guess on the lower side more than 50% of these H1Bs went to Indians, so atleast 200,000 Indians entered US between 1999 when these people filed their Green Cards most of them filed under EB-3, b'cause retrogression wasn't there and everthing was current, lot of people, who were in the states where labor took less time, kept getting their green cards, in the meantime a huge chunk of people from states like NJ, NY, TX, CA got stuck at the labor stage with PD in 2000 and up. So basically lot of 2002 & above got cleared but these people with older PDs were stuck. Now when these Labors are cleared, with just 3300 Green Card numbers every year, it'll take 20 years or more for EB-3 cut-off dates to move to 2009.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
Can you tell me why EB3 is lagging so much
I hope I had got answer to this question ? I am still searching and been doing for last 2 1/2 years from the time I joined IV.
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Refugee_New
08-18 03:07 PM
All we are asking is to support some kind of action against the USCIS...
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
we just need to mobilize ourselves... this is not a fight for EB-2 or EB-3... but for the whole legal immigration system... let's just do something
we are looking at specific situations where the legal immigrant community was affected... and right now its the non sequential processing of the applications for EB-2...
for EB-3 we will need to make similar points which we can raise with Ombudsman or some other authority... we just need to find instances where people were affected... for example delays in EAD.. and that is for EB-2 and EB-3
What USCIS practise is unfair and unethical. Approving 2006 cases and leaving all those old cases is really an inhuman act.
What is the gaurantee that it will not happen to EB3 in the future? Let say in october EB3 becomes current and they start approving cases filed in 2006 and 2007 and leaving 2001, 2002 and other old cases, will you just keep quite?
Currently its happening to EB2. There's a 200% chance that it may happen to EB3 also. Becasue bloody whole immigration system is broken and we are taken for granted. There's no accountability here.
So its better to fight it out collectively. There's no point in dividing the community. Just think about it.
more...
anzerraja
07-20 12:26 AM
Thanks !!!
You are the 320 guys group. You know what i mean :)
$200 from me.
You are the 320 guys group. You know what i mean :)
$200 from me.
drona
07-09 04:41 PM
Excellent idea Naveen! I hope you don't mind but I have improved the English slightly :) and will create links on those Wiki pages to IV and the articles that you have mentioned.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
more...
sweet_jungle
11-06 04:16 PM
just sent e-mail to ombudsman. I would encourage all of you to send e-mail regarding FP delay. it did help in getting receipt notices. Please do it for FP also.
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
dingudi,
I tend to disagree from you on your comment regarding a possible link between name check and FP. I think they are seperate processes and run in parallel - one does not depend on another. I've read somewhere that a guy's name check was initiated like a month before he went for his FP. He got that info from infopass appointment. Also, wouldn't the IOs mention about the pending name check if it was related to FP notice?
Regarding reaching a non TSC IO, I think is impossible since the call gets directed to TSC or NSC based on the receipt number that you key in when you call.
I agree with you that we'll end up getting the same damn letter as our friend about no appointment availabality at local ASC for our SR response. It seems to me that we have to try either the Infopass or just wait it out.
Has anyone thought about writing to ombdusman (if I spelled it correctly) about this FP notice issue or will that be not worth it?
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jsb
08-15 10:20 AM
It may be better if you refile it now (before Aug 17). My lawyer made me refile...just because there is no receipt yet. He says by doing so you don't lose anything. If your first application is in the system at the time of opening second, it will be returned. It is very unlikely that they will cash second check. Fedex confirmation only tells that 'something' was delivered. It does not tell what was inside...
[QUOTE....I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:[/QUOTE]
[QUOTE....I am wondering what if they misplaced/lost my application, will they accept resubmitting a new I485 petition after Aug17th based on Fedex signature conformation receipt signed by an IO, of previously filed petition??:confused:[/QUOTE]
more...
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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franklin
07-05 11:17 AM
Guys
this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.
cmon, arise,awake.
Sorry - I had no idea what this thread was about.
this is pathetic.. wake up can you not spend 30$ from your pockets to make this thing happen? Why would you not want to do something that is so different and would be effective if all of us do it together.
cmon, arise,awake.
Sorry - I had no idea what this thread was about.
more...
reddymjm
05-01 08:10 PM
EB2 went to U and then because of EB1 they are available. so it could be all EB3 numbers left. In that case we can see considerable movement in EB3. If EB3 ROW becomes current or close to current next visa bulliten there might be some movement for India and china in coming months or atleast IN FY 2009.
If you don't agree. Speak out
If you don't agree. Speak out
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venkygct
08-18 10:15 PM
My wife has got her EAD approval email today...We applied on July 22....
EB2, TSC
PD - 10/2006
Applied on - July 17, 2008
Receipt Date - July 22,2008
No LUD
Card Production Ordered on - Aug 18th, 2008
EB2, TSC
PD - 10/2006
Applied on - July 17, 2008
Receipt Date - July 22,2008
No LUD
Card Production Ordered on - Aug 18th, 2008
more...
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apb
09-15 04:45 PM
We paid money and asking for proper transparent service. There are so many inconsistencies about the way USCIS/DOS operate and utter lack of transparency in case handling. Added to this the process is complicated forcing us to spend $$ with lawyers. If I am paying money I need to know how USCIS is going to give me the service. And once known, USCIS should make it transparent so I know that they are sticking with it. THere was an excellent compilation that I saw few days back about the inefficiencies in USCIS.
We cannot accept that they have 1million application and so they are faltering. If they cannot handle that many why take $$ from us. They could had streamlined resources/applications, etc.. but why is it my problem. I have been lawful and following all the rules. Now when will it ever be USCIS/DOS turn? Investing 10 + years in US and going back is not acceptable...
We cannot accept that they have 1million application and so they are faltering. If they cannot handle that many why take $$ from us. They could had streamlined resources/applications, etc.. but why is it my problem. I have been lawful and following all the rules. Now when will it ever be USCIS/DOS turn? Investing 10 + years in US and going back is not acceptable...
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ronhira
09-26 07:44 AM
So EB3 indians are idiots?:D
so are we..... everyone in eb2...... we r all the same.....
so are we..... everyone in eb2...... we r all the same.....
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vxg
11-21 09:35 AM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Mehul,
Really sorry to hear that but i do believe that with medical advances you will have a chance. Try to seek best medical care and advise. As others i suggest making an info pass appointment and discuss with an IO i am sure they will help.
I will pray for you and your family.
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gondalguru
07-31 11:19 PM
EAD renewal applied for self / spouse
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
TSC
Received date 07/07/2008
Waiting for approval
I will be current in August 2008.
more...
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technoboy
08-24 10:16 PM
EB3/India/PD OCT-2003
I-140 TSC Pending LUD 08/05/2007
I-485 NSC Filled on July 11 07
RN ???
EAD ???
AP ???
FP ???
I-140 TSC Pending LUD 08/05/2007
I-485 NSC Filled on July 11 07
RN ???
EAD ???
AP ???
FP ???
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GCNaseeb
09-30 03:37 PM
Our 485/131/765 packet was mailed out on July 26th. We received all four Transfer Notices from CSC yesterday, stating that they transferred our cases to Nebraska as my I-140 was approved from LIN. Now waiting for the actual receipts to arrive from Nebraska.
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mrajatish
05-04 03:22 PM
So if the kid gets his GC and you do too because he, like many other kids, are removed from the queue, is that a problem or a good thing?
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
Plus in a lot of fields, having an MS or PhD is absolutely necessary.
jchan
08-25 09:15 PM
Guys,
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
Is it for direct employee or consulting company?
I just got my H1B Extension approved (8th year extension).
Original H1B was valid until Sept 2008. Changed companies after 180 days(of I485 application) and applied for H1 transfer and extension for 3 years via new company. Finally got it approved after 3 months for 3 years(until May 2011).
-Googlegc
Is it for direct employee or consulting company?
kg318
04-24 08:10 PM
[QUOTE=gcbikari;242385]Did you ask Attorney what happens if your employer still choose to Sue you? My friend's attorney told most of cases will be settled, but we might loose money up to 10K. Is it woth it doing? Also if we choose to fight, we might have to attend hearing (may be in different state based on your agreement). I am an employee too, and with you on this. I'd say if attorney guarentees he'll win our case we can go ahead.[/QUOTE
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
as per the attorney, the case history of employers who won using non competes in the court are very rare unless the law suit is agiainst key personnel and court gets convinced by the legitemate business interest. If the employer still chooses to fight, he has got more to loose than me because of non payments of wages also being involved here. since non compete has been used just to escape the wages, courts wil be more hard on the employer and will consider it as threat rather than genuine.
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