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saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
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gc_check
11-14 10:11 AM
AP is sent to the lawyer if you filed the G328
Not always true, I've filed G-28 in my case, but received the AP at my residence address. Have friends/colleagues who had received AP at the attorney address. So it is kinda random. No logic behind this.
It is important we get the document.
Not always true, I've filed G-28 in my case, but received the AP at my residence address. Have friends/colleagues who had received AP at the attorney address. So it is kinda random. No logic behind this.
It is important we get the document.
more...
for_gc
04-02 11:31 AM
Anybody from Memphis, Tennessee wants to join hands in this good fight ?
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TomPlate
02-28 11:37 AM
Are they going to approve cases which was filed during July 2007 with 2006 or 2007 priority dates, if they fall under namecheck issue.
Please share your thoughts on this.
Please share your thoughts on this.
more...
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aparnak
04-01 03:16 PM
sent the fax.
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dummgelauft
12-07 12:53 PM
Here is my timeline:
Filing : Paper Filed
Mailed: 9/27/2010
Rec'd at NSC: 9/29/2010
Document Mailed" Email Rec'd: 02/12/2010
I-131 Received in Mail: 05/12/2010
So, from the time they received it to time time it took for me to receive the document is 66 days..not bad at all, considering what some other poor folks are going through.
There are other guys here at work whose time line is nearly same as mine, give or take a week. One fellow got his in 50 days. He has travel coing up in the last week on Dec, so he had called to check on his application. During the call he mentioned travel in last week of December. He got the approval email later that day.
My AP got done in time but the EAD was huge headache. God bless our local sentor, who was able to get my EAD expedited, hence was able to avoid the scary job loss scenario.
While it seems like consipracy theory, but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.
Filing : Paper Filed
Mailed: 9/27/2010
Rec'd at NSC: 9/29/2010
Document Mailed" Email Rec'd: 02/12/2010
I-131 Received in Mail: 05/12/2010
So, from the time they received it to time time it took for me to receive the document is 66 days..not bad at all, considering what some other poor folks are going through.
There are other guys here at work whose time line is nearly same as mine, give or take a week. One fellow got his in 50 days. He has travel coing up in the last week on Dec, so he had called to check on his application. During the call he mentioned travel in last week of December. He got the approval email later that day.
My AP got done in time but the EAD was huge headache. God bless our local sentor, who was able to get my EAD expedited, hence was able to avoid the scary job loss scenario.
While it seems like consipracy theory, but I do believe that all these delays are intentional, squarely aimed at making the lives of to-be immigrants so miserable that that they have no choice but to leave.
more...
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sujan_vatrapu
11-03 08:48 AM
I have nothing to say about the dems in particular...........however, you are being extremely short sighted if you want Obama to loose. He is driving this country in the right direction, and you go with any republican who just talks nonsense of tax cut and national security, you may have a green card or even citizenship - and your children will be wishing to go to another country as there are no opportunities here!
(When I say you and your children, I mean us and our children)
i disagree with you, i love obama the candidate, but since then he did little to merit his election, so howz health care gonna help ppl who have no job in the first place, stimulus was a colossal failure by any standard, he referred republicans as "enemies", howz that for a "change" in dc? we all know this country needs innovation but therz no significant increase in R&D under his presidency, i love some of his decisions but saying he is taking country in the right direction and there is no republican who can do that is not true,
he is too left, we need a leader who does not lean left or right
(When I say you and your children, I mean us and our children)
i disagree with you, i love obama the candidate, but since then he did little to merit his election, so howz health care gonna help ppl who have no job in the first place, stimulus was a colossal failure by any standard, he referred republicans as "enemies", howz that for a "change" in dc? we all know this country needs innovation but therz no significant increase in R&D under his presidency, i love some of his decisions but saying he is taking country in the right direction and there is no republican who can do that is not true,
he is too left, we need a leader who does not lean left or right
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nrk
10-26 08:05 PM
Hi Guys,
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
I am EB2 I with a priority date of April 2006 (Direct labor applied and approved from employer A, I 140 applied and approved from Employer A, Filed 485 from Employer A itself)
Moved to Employer B using EAD in 2009 January. (Almost after 18 months after getting EAD)
10/15/2009 i called the TSC and asked the representative to know whether my case is pre approved or not. the representative told me that he does not have any of that data and opening a SR will let us know. i opened one SR on the same day.
I got a mail just now, with the following text in it.
"The status of your request is
Your case is on hold because your appear to be inadmissible under the current law
Rather than denying your application based on inadmissibility, we are placing your case on hold while the Department of Homeland security considers additional exercises of the security of Homeland security discretionary exemption authority.
Such an exercise of the exemption authority might allow us to approve the case."
What does this mean, any one has some idea about it.
more...
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vasa
08-21 02:21 PM
Hi All,
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
I am looking to change my employer, i am on H1B but have EAD approved (EB3 :(). i am looking for some guidance in terms of talking points with prospective employers and convince them to re-file my labor/I-140 in EB2, my PD is May 2005 with current employer.
i have just once concern (well more of clarification than a concern):
- if i convince my prospective employer to go thru EB2 Process, do i need to go to EAD (AC 21) with this new employer or jump on H1?
- if they re-file my labor/i-140 in EB2 how does any RFW/issues impact my EB3 status?
i may have few terminologies wrong so apologize for that.
will appreciate a response.
Thanks
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PMisYMMV
02-20 03:29 PM
I checked with some of my colleagues and friends. They all have sent the letters, but most of them have not participated in this poll at the start. So I wouldnt get discouraged by smaller number of votes in it.
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