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  • saketkapur
    06-09 06:35 PM
    http://imminfo.com/Newsletter/2009-AILA/Likely_visa_bulletin_cutoff_date_movement.html




    Likely Visa Bulletin cutoff date movement


    Information provided at the 2009 AILA Annual Conference gives us some insight into likely Visa Bulletin cutoff date movement over the next year. Historically, the INS/CIS have treated filing backlog information as a matter of national security - refusing to release any information. Recently, however, cracks have started to appear in that wall.

    We know that the 2007 filing surge resulted in an enormous number of cases submitted to the CIS. The actual number of new I-485s filed is unknown, but estimates range from 350,000 to 500,000. We also know that the CIS, having the fear of God put into them by the State Department in 2007, finally increased their level of production and began adjudicating cases at a pace sufficient to use up each year's quota and not waste any allocated visa numbers through non-use.

    At this year's conference, the CIS representatives made several statements which, if true, give us hope for a return to sanity soon. They alleged that they have completed enough EB I-485 cases this year to exhaust the EB quota (140,000). They also alleged that they will soon have completed the "pre-adjudication" of another "110,000 to 120,000" cases to be used against the quota for the next fiscal year (Oct. 1, 2009 - Sept. 30, 2010). Finally, they represented that these adjudication would "pretty much exhaust" the inventory of pending EB I-485 cases at the TSC and NSC.

    If these statements are true, then the end of the current mess is in sight.
    If the CIS really has wiped out its processing backlog, then when the "pre-adjudicated" cases are given visa numbers in the next fiscal year, cutoff dates should advance rapidly. At a minimum, we should see them return to February 2007 levels, if not closer.

    Implicit in this recital of statistics by the CIS personnel is the likelihood that they denied a truly massive number of pending I-485 applications. Before anyone panics, those denials should have been sent out already and are not out there just waiting to ruin someone's day. Only by assuming a very large number of denials does the math make any sense. Without them, you cannot reconcile the large volume of filings with the volume of approvals.
    Once these pending cases are closed out, the known "demand" for EB visas will be much smaller and the Visa Office will be able to move priority dates up quickly; in some cases by years.

    Another factor to be taken into account is the number of people who have lost their jobs between August 17, 2007 and whenever the cutoff dates cross that chronological line again. In years past, if there were 100,000 applicants with priority dates between August, 2007 and today, we could expect to see at least 90,000 applications. Today, with the economy being what it is, I think the figure is probably closer to 50,000. These are all people who were not eligible for AC21 because they had not filed for adjustment of status. If true, this means that cutoff dates will advance more rapidly than normal after the "2007 deluge" cases are resolved.

    Of course, all of this becomes academic if CIR is passed. In that case, all priority dates will become "current" overnight and remain that way for years.
    The State Department official at the AILA conference said that we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:

    EB2 Worldwide: Current
    EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
    EB3 Worldwide: June 1, 2005
    EB3 China: March 1, 2003
    EB3 India: November 1, 2001
    EB3 Mexico: March 1, 2003

    These estimates are just that - estimates. They are, however, estimates from the Department of State.

    Where numbers move after October 1st will depend entirely upon the demand presented by the CIS. If, in fact, they have pre-adjudicated as many as 120,000 EB AOS cases, then it is unlikely that we will see much additional forward movement until the fourth quarter of the fiscal year (July - Sept., 2010). As discussed previously, however, once we get over this large bump in the road next year, we can expect to see a rapid advance in cutoff date movement.



    Copyright � 2009 The Gotcher Law Group, PC - All Rights Reserved





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  • rpat1968
    02-21 01:37 PM
    Yesterday night at 9:00pm I got email from CRIS that they have issued RFE for me and my spouse.

    The contents in the emails say -

    "Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Request for Additional Evidence Sent"

    Will have to wait and see what the RFE is about till we get it in postal mail.

    Very curious about what the RFE is about. Have been with the same employer who sponsored the GC for last 5 years. PD in july 2004 , I140-EB2 approved approved in Nov 2006 and 2 July 2007 filer.

    Did any RFE recently please post?





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  • ItIsNotFunny
    06-18 01:49 PM
    This is really required. I am with you. I myself was stuck last year and had to postponed my ticket for 8 days. My wife is scared to go to India even if my father in law is not well due to this issue as managing kids will be way more difficult without her if she is stuck.



    If you hold work visa like H or L you may need to get the re-stamping upon the extension of your expired visa. H1 status and Visa stamping both are different things. H1 approval is the authorization to work in US, and Visa stamped on your passport is authorization to enter into USA.

    Mostly H1 authorizations (form I-797) are issued for 3 years, so the Visa stamped on your passport reflects the date close to this expiry date, unless consulate gives you a Visa for duration less than the Date on your H1 form.

    Once you get your visa extension, it comes with new I-94. But if you need to visit your home country or need to leave the US for any personal/business reason you have to get the stamping in your passport to re-enter the US. Before 911, one can send the passport and relevant documents to the U.S. State Department in Washington D.C. for renewal or re validation of the H1B visa stamp in the passport when the old visa has expired or within sixty (60) days of the H1B visa stamp expiration.

    But in 2004, the re validation division discontinued the domestic visa re-validation. So now all the member who are looking for re-validation must go to home country or Canada/Mexico. But a recent (in 2007) U.S. Department of State (DOS) directive to U.S. consular posts requires consulting an electronic record for visa issuance in non immigrant categories H, L, O, P, and Q.

    The new verification system requires that the U.S. Citizenship and Immigration Services (USCIS) send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC), which is part of the DOS. KCC scans and enters all pertinent information including Form I-129, employer support letter, and beneficiary's identification documents into PIMS. KCC also conducts database checks looking for fraud, violations, or other adverse history and records. A petition must be confirmed in PIMS by the U.S. consular post before issuance of the visa. The USCIS has not been transmitting petitions filed for change of status and extension of status to the KCC. Neither have all new petitions for consular processing been transmitted to KCC, resulting in delayed visa issuance to eligible applicants

    Visa applicants whose information has not been entered into PIMS in a timely manner sometimes have to wait longer than the two days specified for visa issuance. There have been reports from individuals who have had to alter travel plans and arrangements to account for errors and delays in having all of their relevant information entered into PIMS

    There are incidents where people struck up in the foreign country for 45-90 days due to this PIMS delays. So people need to go through lots of hassle including losing the job, could not pay the bills in time, lose your credit history, kids are not able to attend the school….

    So this campaign is to bring back the re-validation within the US. I am sure there are lots of guys here with H1B and going through this dilemma. So all you people gather here and support this campaign. IV core is ready to support this, if there are enough people are getting affected.

    If you or any of your friends are affected and got struck up in home/foreign country, please share your storey here. We strictly need only the first hand experience.

    Based on the response and support, we can take it forward. We believe this one can be fixed through admin fix. All we need is enough support.

    We need real people and real stories which can be presented to DOS officials and the media. I am sure we can fix this. so please come forward.

    Note: If you are not interested in this campaign, please ignore this thread and move on. Please do not post anything irrelevant and do not provoke other members.





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  • JunRN
    12-20 05:43 PM
    Good read here:

    Risk of GC Rescission for Failure to Notify Change of Job / Employer!

    http://www.murthy.com/news/n_risres.html

    http://www.murthy.com/news/n_apprea.html



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  • srikondoji
    06-07 12:04 PM
    Why did yuor wait so long to approve I1-40?

    Sorry if this is a stupid question, I am a new member

    My PD is 02/01/2005, my labour cert got approved in 03/01/2006,

    I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007

    Considering the scenario is my I140 invalid?





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  • Kitiara
    02-12 04:52 AM
    Kit your castle was wild, was it done from a photograph? Yeah, I used one of my old holiday snaps as a reference. One of the places I used to get taken on holiday to when I was a kid was up near Gloucester, and there was this old ruined castle. Used to love going there, and in the middle of this battle I suddenly remembered it and dug out my old photos. Had that next to me while I was drawing it. :)



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  • RNGC
    04-24 03:16 PM
    Sandy_77

    Oh man...very sad for you.....this should not be happenning

    Where are you ? If in India, go to CNN-IBN, NDTV or some news channel and get your story out....You are not doing any crime, you are just telling your side of the story.... I just sent a PM to pappu(admin) to see how IV can help people stuck in India





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  • delhiguy
    07-06 03:24 PM
    As per the website its brodcasted on these days
    Monday-Friday, 6:30-7 p.m. ET;

    I hope they havent postponed it till monday



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  • raysaikat
    01-06 12:42 AM
    reminds me of a popular hindi maxim:
    "Shadi aisa laddoo hai jo khaye wo pacchataaye, jo na khaye wo bhi pacchataaye"

    loosely translated in english it means

    Marriage is a desert which if somebody eats it, he will repent and if somebody does not eat it, will repent too...

    (thank god my 5th grade english teacher is no more in this world to see this day...he must be rolling in his grave seeing my poor english translation skills:D)

    He would definitely be rolling in his grave by your spelling :D It is "dessert". Unless you are one of the mythical Egyptian gods like Anubis, you are not going to eat a "desert" :p





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  • solaris27
    04-22 09:34 AM
    we want it in all 50 states



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  • pappu
    11-17 10:56 AM
    I got a quote and passed the physicals, and only two months later was told the underwriter doubled the premium because I did not have green card.


    For mortgage, you have to shop around to find one that does not mind your non-immigrant status. I was able to get preapproved for a first time buyer loan with low rate. But I did not purchase the house. So I will not know if they would jack my rate up at closing because of my status as the insurance company did.
    Thats interesting to know that we even pay higher life insurances due to not having a greencard. can someone else second this from their experience. I am not aware of these hardships so if we have to say this in any media interview, we need correct information substantiated by facts.





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  • mhb
    07-06 06:45 PM
    Contributions go well with congratulations...
    PLEASE, GO TO WANDTV.com and the synopsis of the interview has been posted there. it will be broadcast nationally tommorow!!!



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  • ramaonline
    08-07 07:35 PM
    Note that after marriage, the GC for spouse needs to be filed under FB category which has a backlog of 4-5 years

    F1, b1 and b2 visas are not dual intent (requires non-immigrant intent). On all forms you need to mention the visa status of all relatives who are in the US. So watch for that.

    H1, L1 are dual intent visas. Pending I130 does not affect L1 or H1 visa approval since these visas are dual intent. This is usually the safest option.

    Follow to join (Consular processing) helps if you were married before the 485 approval.





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  • clockwork
    08-08 12:15 AM
    Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.

    Issues I see,

    1. The back date of marriage must match to my stay at India.

    2. I did not visit India in the last one year.

    3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.

    See the troubles I have now.

    P.S: I did not want to cheat USA Immigration Dept. Not a good practice


    Let me know if there are any guanine ways.


    I dont have any better idea than what other ppl are suggesting.....But

    If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....

    Best of luck.



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  • number30
    04-09 02:37 PM
    Filing Fee is not enclosed as it is USCIS service error.
    (This was done as officer at USCIS told that Fee need not be included as it is service error, attorney also agreed with this statement).



    Problem with not including filing fee is you do not get the receipt or receipt number, Hence difficult to track.





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  • NKR
    07-25 11:21 AM
    Look back and recall the time when you told yourself that if you ever made it to the US, you are going to visit place A or do thing B. Go kayaking, enjoy the countryside, join a hiking group, play some sports and etc. US have lots to offer us if we just let go and start enjoying life. Good Luck!!

    Probably he wants to quit his employer, move on to a better paying job and do all that you have asked him to do :)



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  • akhilmahajan
    06-19 10:34 AM
    ^^^^BUmp^^^^

    Check your PM. This is what i sent.





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  • realist
    11-03 09:51 AM
    Republicans with the help of the tea party is going to (or try to) move the country extreme right...........this election just made things complicated!

    If you hear both the republicans and tea party - they talk of sticking to core principles. Their principles have not been very good to the middle class..........

    This election has emboldened the republicans and further chickened the democrats - the need for compromise is lost...........

    CIR may be dead/alive; piecemeal may be the option - either way, meeting with lawmakers to take up our issues just intensified. Especially if piecemeal is the way to go, we have to be meeting with every senator and congressman seeking and getting the support - because not only will the anti immigrants oppose it, we probably will have to fight of the CHC too.
    Our community does not have the money or representation in the govt, so our only hope is the aggressive and consistent participation in grassroot efforts and advocate for changes with the lawmakers.

    just my .02 cents...





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  • drona
    08-29 07:27 PM
    We can do better than this. Let's book tickets and fly to DC. We must participate in this event. Please take two days off and be in DC, and if you do not have enough vacation time, take one day off. Please contribute to this event.





    royus77
    10-19 04:05 PM
    You need to hurry up, if not already. They don't care a dime if you loose your money / tickets / travel. But just need to show them a sense of urgency. Thats all we can do.

    Just saw a update on my Son's AP . Received a letter from USICS in mail that my expediated request was under review....Any way i cancelled /postponed my tickets to en of Nov ...





    nixstor
    06-20 01:46 PM
    My lawyer is asking 350 for EAD and 500 for AP for each person excluding filing fees.Is it normal.or Can I go to another lawyer for EAD and AP who is cheaper than my company lawyer.


    Thats a lot of money for EAD & AP. The law firm might be charging 2 grand for your 485 and another grand for your spouse's 485. You dont need a lawyer for filing EAD & AP. You can file them youself along with the 485 application or after getting a receipt number from USCIS for your 485 application. Ask your law firm to prepare 485 for you and your spouse and return the application packet to you. You can sign it off, add your EAD & AP applications and send it to NSC. I supsect they would be willing to do so. By not giving them they would be forcing you to file EAD & AP through them, given that the fees for everything is going up from next month.



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