Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
EB1 received a total of 41026 which means there was no spillover from EB1.
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
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Find out/research as much as you can on this - we need to understand what is going on.
I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.
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I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
Why is your 485 case pending since 2002? Is it stuck in Name Check or due to retrogression. I thought that 485 cases are progressing relatively fast as long as the case is not affected by retrogression and is not stuck in the black hole called "name check"!
Send a covering letter mentioning that you want the Original Degree certificate returned to you or your attorney. Self Addressed envelop wouldn't hurt.
Transcripts you would be anyway getting from the university in a sealed envelop that you would need to send it to the USCIS.
I am guessing USCIS is trying to follow a similar process as any U.S college admission process.
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The 485 applications for me and wife are still being processed by USCIS in Los Angeles. My priority date (August 1, 2005) became current almost 3 months ago.
We have waited patiently since the priority date became current. There has been no movement except that they wanted to fingerprint us again, which we completed 2 months ago. My lawyer says he put in two referral inquiries but of no avail.
I have already obtained InfoPass for a couple of weeks from now. I will go and check in with the USCIS office here in LA.
1. What should my next steps be? Write to my senator? Or should I wait until after the InfoPass appointment
2. Am I pushing too hard on USCIS? Is it that they are simply backlogged? Should I just wait more?
I am concerned that the dates will retrogress again. Any advice or comments will be helpful.
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
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Please use the following template to compose your response (you may email it to the address provided)
Fax: (816) 350-5785
U.S. Citizenship and Immigration Services
National Records Center, FOIA/PA Office
P. O. Box 648010
Lee�s Summit, MO 64064-8010
Dear FOIA officer,
Thank you for responding to my FOIA request NRCXXXXXXX dated mm/dd/yyyy. I would like to know more information about the following.
(1) Can NRC extract data based on the country of birth or Nationality given that Country of Chargeability is not captured until the end of the adjudication process?
(2) I would like to know how long will NRC take to provide a response once I pay the fee. I am not looking for an exact number of days. How ever, an estimate of how long it will take to provide the information sought would be very helpful.
You asked me to define the priority date.
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied. For cases without an underlying labor certification, Priority Date is the date on which the I-140 petition was applied for. Priority date is NOT the date USCIS has received the AOS/I-485 application. For example, An applicant with a priority date of 12/10/2001 might have filed the AOS/485 on 07/19/2007 and another applicant with a prioirty date of 04/23/2004 might have filed the AOS/485 on 07/30/2005. INA act prescribes that the priority date be used in granting permanent residency to AOS applicants. I am looking for information on pending AOS/485 applications sorted by the priority date of the applications for every quarter of the USCIS/DHS fiscal year starting from year 2001 for the requested 14 categories for primary applicants, spouses and children.
(3) As requested in the original letter, I need the number of pending AOS petitions sorted by their Priority date and NOT USCIS receipt date or receipt notice date, Category, Country of Birth/Nationality (if available)
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And I can't apply for a green card, I don't meet the criteria...I'd have to get married with a woman.
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Subject: Guidance for Processing Form I-485 in Accordance with Section 106(c) of AC21
As discussed above, if an alien is the beneficiary of an approved Form I-140 and is also the beneficiary of a Form I-485 that has been pending 180 days or longer, then the approved Form I-140 remains valid with respect to a new offer of employment under the flexibility provisions of �106(c) of AC21.
Accordingly, if the employer withdraws the approved Form I-140 on or after the date that the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to the office having jurisdiction over the pending Form I-485 that the new offer of employment is in the same or similar occupational classification as the offer of employment for which the petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the alien has not submitted evidence of a new qualifying offer of employment, the adjudicating officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR 103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of employment in the same or similar occupation, the BCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has not established that the new offer of employment is in the same or similar occupation, the adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny the Form I-485.
If approval of the Form I-140 is revoked or the Form I-140 is withdrawn before the alien’s Form I-485 has been pending 180 days, the approved Form I-140 is no longer valid with respect to a new offer of employment and the Form I-485 may be denied. If at any time the BCIS revokes approval of the Form I-140 based on fraud, the alien will not be eligible for the job flexibility provisions of �106(c) of AC21 and the adjudicating officer may, in his or her discretion, deny the attached Form I-485 immediately. In all cases an offer of employment must have been bona fide, and the employer must have had the intent, at the time the Form I-140 was approved, to employ the beneficiary upon adjustment. It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.
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We do not need CIR ..
It doesn't have to be. We should make it ours too!
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1. Don't file your I-485 till you return from India
2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
3. Your husband can have I-485 notice and still get H1 stamped in India
I got my H1 stamped even when I had AP and EAD
4. You have 90% chance of getting receipt before Oct if you are in EB2
5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)
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There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.
There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?
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We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well
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its worth going to a tax filing rep ( HR block or any local re closer to you ) who'll get your job done easy. bec this involves not only adding your spouse to your tax records for the first time to get rebates etc. they will also help fill required forms / pappers to apply a new ITIN for your spouse, which is supposed to go to a diff address for requesting ITIN and once after an ITIN is assigned, it gets forwarded to the right place where it should be filed etc.
Having copies of all forms this time, may be it will be easier for you next time to do it yourself. my 2 c. good luck
I am 2nd July filer for I485,I-131,I-765.I got my receipts nos.a week ago by calling IO.
Now my question is that today when i called them to ask about the FP notices then they told me that our application was received on 13th August,2007 but our application was received on 2nd July and we have the proof.
Plz help me out as to how can i fix the exchanged dates ???????????
I will be really thankful to you
I think , Article rightly points out .. "We all have a tremendous sense of insecurity and uncertainty about the future".