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  • Das73
    05-09 11:57 AM
    You should be able to file I-140 after your LC got cleared.

    EB-3's visa dates are at '08-MAY-01', so you can not file I-485 until visa dates move to SEP 01[You don't need to wait for the Visa dates to current].

    May be your lawyer is busy & thinking about some other case. Remind him about your priority date !

    ================================================== ======
    Hi
    My PD is sept 2001. India. I would like to know if i can file I140 and I485 concurently? My attorney says I can. Only thing they will not do anything with 485 until the visa numbers become current. Is this true?

    Any help in answering my question is appreciated.


    Thanks in advance.
    ================================================== ======





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  • sakthikams
    04-25 02:32 PM
    from http://www.dhs.gov/journal/leadership

    below is the extract from above link...

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including obtaining a labor certification from the Department of Labor, receiving approval on a petition for alien worker from U.S. Citizenship and Immigration Services (USCIS) (Form I-140) and obtaining an immigrant visa from the Department of State or being granted adjustment of status from USCIS. In addition, by law there are numerical limits on the number of people who can immigrate to the U.S. each year in most categories. You can see a more detailed explanation about the employment-based visa application process online.

    Some readers have asked about the volume of employment applications and delays that have occurred in employment-based visa petition and adjustment application processing in late 2007 and early 2008. There were a number of factors that affected USCIS' handling of these cases during that time. Employers filed more than 234,000 petitions to sponsor foreign workers (Form I-140) as the Department of Labor cleared a large backlog of labor certification applications and implemented new regulations. Adjustment-of-status application filings also soared to nearly 300,000. We attribute the increase in adjustment application filings to a couple things. First, customers' anticipation of USCIS' filing fee increase in July 2007. Second, a unique opportunity for workers and their families to file adjustment applications based on the visa availability date announced in the July 2007 Immigrant Visa Bulletin. Many of these availability dates have since reverted, creating a backlog of adjustment applications that cannot be adjudicated until a visa becomes available.

    A few months ago, a customer indicated his frustration that while he can monitor the Visa Bulletin to see how it moves month to month, he still has no idea how many people are waiting in line with pending adjustment applications or how long it may be before USCIS can process and approve his application. We know this customer is not alone! In response to that customer's request, we are working to make this information available on our Web site.

    I understand the importance of becoming a permanent resident. I also recognize workers may rightly want to take advantage of the limited provisions in current law that allow certain applicants to change employers without affecting their ability to adjust status. As a result, USCIS has taken the following steps:
    USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    USCIS is issuing employment authorization documents valid for two years, as needed.
    USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.
    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.


    Mike Aytes
    Acting Deputy Director, USCIS

    below is the extract from immigration-law.com

    04/25/2009: On-Going USCIS Efforts to Reduce Backlog in Employment-Based Immigration Applications

    Lately, I-140 and EB-485 applicants have been receiving envelopes from the Service Centers with their long-awaited approval notices, particularly those cases which were filed during and after the FY 2007 July Visa Bulletin fiasco period. Along with the development, information has been released by the stake-holder agencies of the Department of State and the USCIS indicating that there has been efforts on the part of the USCIS to eliminate employment-based immigation backlogs. In releasing the May 2009 Visa Bulletin, the State Department confirmed that the USCIS had been taking out EB visa numbers en masse exhausting all the EB-3 visa numbers available for the rest of FY 2009.

    This report is consistent with the information released by the USCIS on its projected processing time to four months for the employment-based I-140 petitions and EB-485 applications by the end of FY 2009, which is September 30, 2009. The goal appears to have contributed to the exhaustion of annually allocated employment-based visa numbers so that no EB visa numbers be unused or wasted by the end of FY 2009. The commitment to this goal of the USCIS is reaffirmed by yesterday's release of Mr. Michael Ayte's report on the employment-based visa processing times in the Leadership Journal of the DHS. Considering a huge backlog and processing delays in the employment-based immigration petitions and 485 applications for almost two years as affected primarily by the FY 2007 July Visa Bulletin fiasco, the recent event that evolved in the USCIS processing time change is certainly a welcome news for waiters who have suffered from the past backlogs.

    What have tirbuted to this change? The long-term strategy for reduction of processing times for immigration benefits applications appears to be launch of "Transformation Program" that intended to achieve reduction of processing times by turning current paper-based application and processing system into complete electronization system and process focusing on the concept of digital "account" databases within approximately a period of five years. However, this program has experienced a snag. However, lately the DHS disclosed its multi-billion dollar contract with the IBM for two programs. One is to convert all the existing files and date into digitazition and the other is to develop and implement electronic application and processing system. Reportedly, for this purpose, the IBM reenforced its operation in India and the work is underway. However, report indicates that the first phase appears to focus on the digitazation of existing database rather than implementation of electronic application and processing system. Overall, the goal of the contract appears to be completed in the next five years. It thus appears that the current efforts of elimination of backlogs within this fiscal year do not rely on the progress of this program. The big momentum was created by the Congress appropriating fund for USCIS human resources.

    gtThanks to the Congress action to give fund for hiring additional 2,000 resources, the USCIS recxruited and trained new hires who joined the USCIS field offices including Service Centers and local district and field offices, initially focusing on the job of elimination of huge naturalization applications. USCIS had been reporting that the hurdle for reduction of employment-based immigration cases was the mountain of naturalization applications that poured in around the time of FY 2007 July Visa Bulletin fiasco. Now, the naturalization application backlog is under control, inreased resources are becoming available for the employment-based immigration files. Another important factor that has contributed to the agency's recent move was the implementation name-check reduction agreement between the FBI and the DHS and the USCIS policy to complete adjudicaion of EB-485 applications when the FBI name check failed to complete within 180 days. The third factor that cannot be discounted nor minimized is the new DHS leadership's move and commitment for the elimination of the employment-based immigration case backlogs. As people may recall, the Secretary Napolitano of the DHS issued a directive to report the state of backlogs in the immigration benefit applications and the USCIS leaders plan for reduction or elimination of such backlogs. With all of the above developments combined, the employment-based immgrant community is continuously expected to witness the reduction of processing times, at least for a short term. However, long-term reduction or elimination of EB case processing backlog is likely to depend on success of the IBM contract digitization program of the USCIS. This needs continuing internal and external political support, and we hope that the Congress extends its strong support, particularly considering importance of the successful reengineering program to accomodate the potentially forthcoming avalanche and flood gate opening for case loads for the USCIS when the country passes the Comprehensive Immigration Reform legi

    extract from http://www.dhs.gov/journal/leadership

    Addressing Employment-Based Visa Wait Times

    There have been a lot of comments and questions received from readers about employment-based petitions and related applications for adjustment to lawful permanent residence.

    This is a complicated subject, so I want to provide a little background. Becoming a permanent resident based on employment can require a number of steps, including




    Mike Aytes
    Acting Deputy Director, USCIS





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  • chanduv23
    05-16 02:32 PM
    Thanks a lot for clarifying that. thats what i had in mind. but just wanted to confirm it.

    Your job description can have a clause like 'Work location, Atlanta, but beneficiary will travel to various client locations within the country and outisde the country.' This is not an issue





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  • sgsg
    01-28 05:46 AM
    Finally received my passport this morning. Consulate sent it to VFS on Friday and I received it today through Blue Dart.

    Int Date: Dec 17, 2007 @ Chennai Consulate
    PP Rec. Date: Jan 28, 2008



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  • anura
    04-04 03:16 PM
    Did it suggest lots of denial rate on 140 (especially Eb1s)? And it is deterring 140 filing since Jan.? I believe all those lawyers, and bodyshops realize it.

    Neither the denial nor the approval rates are significantly changed. However, the receipts have fallen. Look at that as many universities and private companies not hiring teaching and research specialists. So it seems like the economy is the deterrent.





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  • patiently_waiting
    09-03 01:44 PM
    Hi,

    If any one is interested in signing and needs referral, Ping Me. I will send the referal link so that both of us will get 2 months free of service.

    thanks



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  • eb3_2004
    08-20 03:00 PM
    It actually comes down to the language. I haven't read the rollover from EB to FB (if at all it happens), but look at the language for EB1. It talks about regular number + any not used by EB5. The language for EB5 is lost when it trickles down.

    Does it mean: 1. EB5 can only be used by Eb1 and not rolled down further?

    or

    2) Does it mean that any of the EB5 unused numbers that are also not required by Eb1 rolls down to EB2.

    If it is choice 1, then I suspect we have no case. If however, it is choice 2, then it is clear through the language that spill over Eb1 goes to Eb2 and EB3 at the same time. If not, based on the language of EB1, Eb3 would have just said "unused numbers of EB2", which means it would use Eb1 numbers only if Eb2 did not need them.



    Suggestion to go via AILA is a good one, but do we have contact into AILA??

    I feel it is Choice 2 as Choice 1 is not possible..If Choice 1 is the case how is EB5-->EB1-->Eb2 happening now justified???

    Also, Is EB1-I/EB1-ROW quota used up every year???If not that has to trickle down to EB2 and EB3 if they change the EB3 allocation interpretation.





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  • amsgc
    09-23 09:27 PM
    Dude - it clearly says the data was updated Aug 25, 2009
    Look here (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e170e6bcb7e3210VgnVCM100000082ca60aRCR D&vgnextchannel=ae853ad15c673210VgnVCM100000082ca60a RCRD)

    I have read on USCIS web site that it is a quarterly report, this strange report do not have a date on it saying when it was generated. If it is a quarterly report I dont understand why they ran it in the middle of a quarter? This report should be run at the end of the quarter. Not in 1600AD what USCIS considers to be 2009.



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  • singhv_1980
    02-05 05:47 PM
    hi singhv,

    no. VO said.."its approved and you should receive it by courier within a couple of days" now the embassy inquiry centre do not tell me why its delayed..i asked me them is it PIMS or some thing else..they say "sorry maam, we cannot say"
    i got no email, no slip, so i dont know if its stuck in PIMS or some checks ???

    And if its really NOT PIMS and something else, then how long does one estimate ?? how long could an administrative processing take ? how long could security check take ? how long could name check take ? etc etc..

    shahuja

    Well VO told you specifically that your visa has been approved. My bet is that you are stuck coz of PIMS then. When was your visa approved and in which service center?

    I am sorry and hope you will get your PP back soon. This whole system is so scary now. I am going in Feb end in Delhi and believe me I am feeling so tense coz of this all.





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  • gccovet
    10-30 09:10 AM
    done my part.
    GCCovet.



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  • angelfire76
    11-04 01:15 PM
    Well, all the jobs you mentioned in your message now falls in Zone 4 i.e. Eb3.
    Only option that person may have now is to change career altogether in the fields where desi consulting companies do not operate.

    Job Zone 4 does not automatically translate to EB3. Even though the title maybe EB-3, if the requirements exceed normal requirements for jobs in Job Zone 4 then after a (successful) business necessity audit the candidate maybe able to file in EB2. After all I don't think DOL is that brain-dead (yet?) to say that somebody with 15 yrs exp is the same as somebody with 1 yr exp although they have the same job title (E.g. Software Engineer title at Google generally has more experience and education than a software engineer title at a desi consulting company even though both fall in job zone 4

    Solar power here has inadvertently opened Pandora's box in the process of trying to solve a genuine cause for concern. For most IT people it is going to be very tough to get EB2 classification (especially if you are just out of school and have decided to apply for a green card). It is better for them to look out for research positions and apply under Computer Scientists as this will atleast enable them to apply under EB2. Is this a good thing: If you are non-IT yes, if you are IT no as it just convoluted the process even more.





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  • IN2US
    07-09 07:06 PM
    I would donate blood if there was any left after my blood sucker employer sucked me dry!:D


    :D :D :D :D :D :D dude this is the BEST!



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  • 485Mbe4001
    10-03 02:38 PM
    i dont think the country makes a big difference, i have two friends stuck in name check (one was born in canada with an english first and last name). i think its the combination of the name, DOB and a crappy system

    Are there certain countries that seem to have an eaiser time clearing name checks? I am from Canada- does anyone have any info?? Thanks





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  • unseenguy
    06-15 06:54 PM
    1. Why should he pay you more if he can get someone for cheaper price? - No Issues as long as its by following all the rules and regulations set by the authorities.
    2. Are you willing to do the same job for the salary that is offered by TCS, WIPRO? - Nope, my salary is my personal choice. Tomorrow these companies may bring resources Illegally across border and offer 5$ per hour, would you accept that salary???
    Your salary is not your personal choice, it is governed by market factors. Company makes the final decision whether they want to pay you what you ask for and whether they need your services. Your client can easily send your job to India if they can hire someone here for 3 months. Most likely that person is going to be back with the job after 3 months.
    3. If you screw up , who is responsible? What can you do to mitigate damage? TCS/WIPRO can replace the whole team at free of cost to make project successful. - BS
    I work for a major system integrator and I have seen client come to us and say, X did not perform well, give us the money back or provide Y number of free consulting days. I have seen clients come to us and say , we give you 2 more months, deliver this project or else lawsuit, and I have seen company agreeing to client demands. These are additional advantages for going to TCS/WIPRO. I have seen at one client place, they offered 10% of the resources free. So if client took 50 peopkle, they got 5 more for free. Can your company do that? Dont make hollow claims of BS if you are just a simple developer.
    4. YOU guys want to leave companies at will but the companies should not replace you at will? - Not at all, they can replace us anytime they want.. I don't know why this point ???


    Here we are discussing about a violation by companies using L-1B visa resources and we think reporting this to the agencies (ICE/USCIS) and making awareness amoung clients doesn't harm anyone who does their business within the legal frame work.


    No we are discussing YOUR jobs loss due to L1 misuse. You were sleeping until it hit you and now you suddenly want sympathy. BTW, I feel sorry for you that any guy from India can come and do your job. Most guys who come on L1 are freshers with not much skills. Thats what is needed for the job then.



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  • Jitamitra
    01-10 08:14 PM
    Just a thought. I think something is holding back folks to write up these letters directly to president. Do you guys think it's a good idea just to have these letters mailed to IV and then pass it along to white house administration when IV meets them.

    Those who are against IV and have never supported or never wanted to do anything just make it a point that they will NEVER do it. The reason they give will be a "Silence" or a "change in topic of discussion".

    Pessimists will say "Nothing will happen" or "So did you get your GC? after the rally?"

    Some say "Who cares for GC when you have choice to go home"

    Chanduv23:

    I understand your enthusiasm of spreading +ve ness , but you need to also look at the practical implications on the situation. You are too criticizing and self-centric in what you beleive is the right thing to do.

    Things do not work the way you expect at times and backfire. All I am saying is to give it a second thought if you are not getting a huge turn out of people. If you believe you are the smartest ass in the forums, tell me how many people you beleive would come forward and write a letter to the president. It's nothing to do with whether you did it, but are taking off the apprehensions and motivate other people to do it.

    I agree with comments from walking_dude as it's inspiring and has a point. Get out of the shell and look at the world from a different perspective.





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  • dba9ioracle
    08-07 12:16 PM
    All,

    Lets do another flower campaign to wish get well soon to SunnySurya and Rooling_flood.

    Get well soon Mamu...



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  • ItIsNotFunny
    07-11 11:04 AM
    Guys,

    This should not boomrang on us, let us do it with caution. Food Delivery etc can look mean.

    What we can think of is Sending your tax statements for 5 years to tell them how honest we have been and how much we contributed to economy..
    Sending it to local senators ?.

    What dou think ?

    I highly discourage this idea. Its mean and against the whole idea of protest.

    I would rather go with second round of flowers.





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  • sjpg
    07-12 09:47 PM
    Guys,

    I come from South Florida (MIAMI / FT LAUDERDALE /WEST PALM BEACH). Sun-Sentinel is a news paper major in this part of the world. We are expected to see a front page coverage about this turn-about by DOS and USCIS on july 07 bulletin.





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  • geesee
    08-20 11:30 AM
    Karthik,

    what is DH....? means

    go to Vonage - VoIP Internet Phone Service for Home, Business and International Calling: Vonage - A Better Way to Phone for Less (http://www.vonage.com) and click on plans

    Its D**KH**D honey

    Btw, gr8 post! Repped! Will check out the offer today itself





    ujjwal_p
    09-23 04:22 PM
    I guess we'll need to ADD to that number:
    1. BEC stuck folks who could not file in July 07
    2. PERM approvals starting August 07

    to the 47,728. Plus multiply by 2.1( for dependents ). That'll give the total VISA numbers required for this category to make it Current.

    If I have to guess-- (1) would be very less, may be 100-200 max
    (2) around 5000 ( just a PUMA)
    So, there are about 53000 EB2 I applications. and 2.1 * 53000 = 111300.

    If we can create 111300, EB2 I visas then it'll be CURRENT. easy:)

    They haven't mentioned there whether dependents are included or not. So multiplying by 2.1 is probably not correct nor wrong at this point. I would think dependents are included in this. Everybody needs to file an I-485 I presume and they are just counting the pending ones.





    brshankar
    08-07 10:16 AM
    I am no Gandhi and don't want to be one. I am just a common man trying to make my ends meet. Only thing I know is that if you come before me in the line I am affected. It is not a DMV line where every one will get their License, it is a ration line where the items are limited.
    Call it selfish call it any thing else but these are the facts after being in the USA for last 12 years and two different labors.

    You are correct this is a selfish world. I support you. You are most welcome to go ahead with the lawsuit. I am EB3 and been here for 10 years and have no intention of porting to EB2. I will be most happy to see you get your GC.

    May be I am being selfish too because I dont want any EB3 to jump up the line before me. :D

    "76% of the people oppose this initiate, this is something to feel positive about". This shows that we are still united.