k3GC
04-10 07:00 PM
http://aila.org/content/default.aspx?docid=22063
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chintu25
08-21 04:29 PM
THIS INFO COULD VERY WELL BE CORRECT FOR THE MONTH OF AUGUST.
DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.
The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.
The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates
DOS allocates visa numbers for each month, for consulates across the world and USCIS here to adjudicate 485s. They provide these agencies with the priority dates for approval + a limit. This could have been used up for the month of AUGUST.
The spill over from FAMILY CATEGORY can only be used starting from SEPTEMBER 01 2008. Otherwise it won't go with the interpretation of the law.
Also the spillover from EB1 (for august 2008 and anything remaining for the current year) will be applied on September 01.
So, what this means is: The numbers available as per the visa bulletin for AUGUST is over. Does not mean, it's over altogether.
The theory does sound right but why will they wait to apply the spillover when the dates are current already abd it just moved 2 months in the August Bulletin for September dates
msp1976
12-20 08:50 PM
I contributed $100 today...
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gk_2000
06-10 02:39 PM
Yes everything is personal when you are so close to the effort. The answer is still the same for anyone that did not participate and find out for themselves what it takes to co-ordinate an event like this.
Sorry, let's peace out. We are on the same side
Sorry, let's peace out. We are on the same side
more...
Maverick1
07-11 01:49 PM
I have great respect for Paskal. I found your posts to be level headed all the time. Looks like you took this personally this time. This only shows how frustrating these times are. This whole screwed up process is wrong and unfair. Any type of comparison us useless.
There are many factors that determine whether you applied EB2 or EB3. It is not just what your qualifications are. Some companies and attorneys have predispositions. Some companies are very liberal with their job descriptions and some or not. We all know that.
We can draw this argument to many levels.
Experience VS Master's degree
Indian degree vs US degree
Desi Body shop Vs Jobs in reputed companies
Company policy VS bought out LCs
Reputed Schools Vs So So schools
Fact of the matter is , There is still some challenge still in applying under EB1 (although I see many more EB1s these days than I used to). But we practically blurred the lines between EB2 and EB3. That is why people talk about EB2 VS EB3 not EB1 vs EB3.
There are many more qualified folks under EB3 for variety of reasons (who practically gave up any hope) and also some who were in EB2 that are probably not EB2 by strict interpretation and spirit of EB2.
Bottom line : We all screwed. Some more than others :)
Just my 2 cents :)
it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....
having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.
today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?
please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.
and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.
There are many factors that determine whether you applied EB2 or EB3. It is not just what your qualifications are. Some companies and attorneys have predispositions. Some companies are very liberal with their job descriptions and some or not. We all know that.
We can draw this argument to many levels.
Experience VS Master's degree
Indian degree vs US degree
Desi Body shop Vs Jobs in reputed companies
Company policy VS bought out LCs
Reputed Schools Vs So So schools
Fact of the matter is , There is still some challenge still in applying under EB1 (although I see many more EB1s these days than I used to). But we practically blurred the lines between EB2 and EB3. That is why people talk about EB2 VS EB3 not EB1 vs EB3.
There are many more qualified folks under EB3 for variety of reasons (who practically gave up any hope) and also some who were in EB2 that are probably not EB2 by strict interpretation and spirit of EB2.
Bottom line : We all screwed. Some more than others :)
Just my 2 cents :)
it goes deeper than that. first let me point out that this is philosophical- you argument is not about law, it's about a point of view.
so if i ask you why EB2 filers should spend extra years getting educated and never getting this all important magic "PD" and then get in line behind someone who got a job the day they entered the country- and got a PD soon enough- what would you say?
ask me. it took me 11 years to get a PD. why? for 7 of those years i was getting my advanced education. so why should i suffer behind the 3 year Indian degree person (against my 7 years there as well) who came in 5 years after me and filed right away?
there are reasons why the EB priorities were set up. by simply extending your logic EB1 should also wait for a turn and not have priority. what's good for the goose....
having said that, it is absolutely insane to ask people to wait indefinitely and we must do something about it.
today the EB3 folks (and I have nothing against them, their waits are insane- and it's absolutely not right) are porting to EB2 with those bachelors degrees and 5 years experience. and just because they could APPLY for a GC earlier and all their years get counted in the PD, they keep lining up ahead of me. why do all my years count for NOTHING?
please spare us "fortunate" EB2s a thought too. think of when in life our careers are finally freed from waiting for a GC.
and now please concentrate on ways to end retrogression and stop the EB2 vs EB3 crap. we all have our problems.
vbkris77
03-06 12:55 PM
Is there any mention of the timeframe for the report?? Are they going to get to it when they get to it??
more...
amitjoey
12-19 03:26 PM
80 contributors and we are rolling
c'mon people..............
give what you can!
if 20 is it, no shame there, every bit counts and that's not just a cliche
if you can do more, then by all means please do so.
we are not even halfway to our financial target and the session begins soon.
Every bit counts, if you want to start - start with atleast $20.
c'mon people..............
give what you can!
if 20 is it, no shame there, every bit counts and that's not just a cliche
if you can do more, then by all means please do so.
we are not even halfway to our financial target and the session begins soon.
Every bit counts, if you want to start - start with atleast $20.
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english_august
07-04 01:28 PM
Can the owner of this thread please have just the following:
1. A single post containing the basic information about delivery name, address, message, occassion, and delivery date.
2. Just the poll to track the number of people who've sent flowers.
Then we should just start sending emails to friends with the link to that thread.
Please let us make this work. I will try and see if I can alert some media people about this. We need at least 100+ bouquets to make this work. Lets move fast.
1. A single post containing the basic information about delivery name, address, message, occassion, and delivery date.
2. Just the poll to track the number of people who've sent flowers.
Then we should just start sending emails to friends with the link to that thread.
Please let us make this work. I will try and see if I can alert some media people about this. We need at least 100+ bouquets to make this work. Lets move fast.
more...
number30
04-13 06:32 AM
Hi
We don't want to create more divisions based on how they got in to queue for GC. As a matter of fact, my company filed I-140 based on a old labor, where the skills were matching exactly and the previous person left the company. The company that I work in has 8500 employees, I was not even aware that they filed premium for I-140. I did not have to pay dime for all the process.
Pls remember filing substitution labor was legal back then.
However, USCIS removed this provision in 2007 and the discussion ends there.
When you compare all other issues that are the root causes for the retrogression, we are spending the time and energy on some thing that would not help any one.
Thanks,
Yes It is legal. People are having issue only with hijacking the Priority dates. That can be questioned in the court. Original policy was to assign the date of I-140 filing was the Priority date . There are memos with that policy. But when and how it got changed no one knows.
So that is best candidate for suing USCIS and get the green card faster.
We don't want to create more divisions based on how they got in to queue for GC. As a matter of fact, my company filed I-140 based on a old labor, where the skills were matching exactly and the previous person left the company. The company that I work in has 8500 employees, I was not even aware that they filed premium for I-140. I did not have to pay dime for all the process.
Pls remember filing substitution labor was legal back then.
However, USCIS removed this provision in 2007 and the discussion ends there.
When you compare all other issues that are the root causes for the retrogression, we are spending the time and energy on some thing that would not help any one.
Thanks,
Yes It is legal. People are having issue only with hijacking the Priority dates. That can be questioned in the court. Original policy was to assign the date of I-140 filing was the Priority date . There are memos with that policy. But when and how it got changed no one knows.
So that is best candidate for suing USCIS and get the green card faster.
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sodesperate
04-26 12:37 PM
Hi,
where will the document be sent ? To the employer or to the employee after the approval?
Thanks.
where will the document be sent ? To the employer or to the employee after the approval?
Thanks.
more...
justin150377
07-08 06:35 PM
I voted No in this poll but have since changed my mind and sent flowers for delivery on July 10th. I'm not sure how or if you can change your vote in the poll.
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Delivery On: Tuesday 07/10/2007
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Order Number: FNM1321253
Order Date: Sunday 07/08/2007
Delivery On: Tuesday 07/10/2007
Delivery To: Emilio T. Gonzalez
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20314-0001
USA
2023071565
You will earn 250 ALASKA AIRLINES Miles
Please allow 6-8 weeks for miles/points to post to your account.
Got some Alaska Miles out of it too! Woo hoo.
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GCNirvana007
08-25 06:08 PM
VXG,
That validates my reply previously to a posting by a guy who said that he had called up TSC and they said they go by RD...I had asked him to call back after a day and he'd get totally opposite info.
My situation is the same.....I was TSC-CSC-TSC....but I had received an RFE last year.....dunno why will they preadjudicate and then go by ND which is totally non-sense...logic should be that if a case is preadjudicated it should be put on based on PD..
Again USCIS don't follow any logic...
As I said b4 very few transfer cases will ever get approved.....just bid your time...or apply thru EB1 chances are better that way..
SoP
How about someone answer this?
TSC current processing date is August 30th 2007. One yr ago, it was in July 2007 or something. July 2nd filers in 2007 would have had their receipt date as July 2nd and ND like September 2007. If they used ND, its not in their processing zone. So how did they do it?
So yes, its all bs as far as USCIS is concerned. They are govt employees for God's sake.
That validates my reply previously to a posting by a guy who said that he had called up TSC and they said they go by RD...I had asked him to call back after a day and he'd get totally opposite info.
My situation is the same.....I was TSC-CSC-TSC....but I had received an RFE last year.....dunno why will they preadjudicate and then go by ND which is totally non-sense...logic should be that if a case is preadjudicated it should be put on based on PD..
Again USCIS don't follow any logic...
As I said b4 very few transfer cases will ever get approved.....just bid your time...or apply thru EB1 chances are better that way..
SoP
How about someone answer this?
TSC current processing date is August 30th 2007. One yr ago, it was in July 2007 or something. July 2nd filers in 2007 would have had their receipt date as July 2nd and ND like September 2007. If they used ND, its not in their processing zone. So how did they do it?
So yes, its all bs as far as USCIS is concerned. They are govt employees for God's sake.
more...
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seekerofpeace
08-13 09:51 PM
Just goes to show how screwed up USCIS is......I have Zero expectations from them and should be able to control my emotions and balance of mind on anything relating to them.
GC was a mirage and will remain one...
SoP
GC was a mirage and will remain one...
SoP
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jsb
08-12 04:18 PM
Since your file is at TSC, there is an email address that AILA members have to request that your file be processed once PD is current. Contact your lawyer and ask him to check AILA InfoNet Doc. No. 08103067, that's where the procedure is outlined.
Yes, very good. Sometime late last year, Texas center issued a procedure to let registerred attorneys (not clients) send them a reminder email if and when their clients PD's become current. That should be done so that TSC can pullout the case and get it cleared.
Yes, very good. Sometime late last year, Texas center issued a procedure to let registerred attorneys (not clients) send them a reminder email if and when their clients PD's become current. That should be done so that TSC can pullout the case and get it cleared.
more...
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jsb
08-18 09:26 AM
jsb,
Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
Normally, RD (on your receipt), and actual data entry date followed by the notice should be in quick succession. Logically, ND is just a notice date, therefore, when questioned they are correct in saying that ND has no relevance for any processing decisions. Due to high volumes of July/Aug 07, a lot of case files were just lying in warehouses for months before a center agreed to accept them. That's why you see online RD so different (and very close to ND).
If your statement in your first para is true, centers will have to do a lot of work for manually sorting thousands of cases before placing them in cabinets, which is quite impractical. Unless somebody is forcing them to do so, it is highly unlikely to happen. Note that issues under discussion are impacted by high volumes of July/Aug 07 for which systems are not designed. Also, as most cases are not PD dependant, USCIS systems don't handle them well, as they are not designed for handling PD based cases efficiently.
Now I think some major clarifications are needed here. The Receipt Date (RD) that is printed on the I-485 receipt is the date whenever queuing according to RD is needed. This is THE date wherever a FIFO is required and is as assigned as soon as the envelope containing the I-485 is received.
The ND only represents the date data-entry is made. This is the date which is mentioned erroneously as "received date" on the USCIS online system. Now this thing has been mentioned at USCIS liaison meetings by center directors and thro' AILA several times (I will post the reference as soon as I find it).
That said whenever I talked to NSC officers (not the National Customer SC non-officers or regional call center IIO's or Infopass ignoramuses) ..officers who personally were aware of the going on's at the service center they said the Notice date does not carry any value for case adjudication priorities and the CLAIMS 3 systems only sequences (or sweeps as they call it) as per the PD and RD (when needed).
Further, since I see all the notes made for my approved I-485 (thro' FOIA) including the worksheet completed by contractors. I clearly do not see any notations mentioned with reference to the ND on it...
That said, for the OP, since your RD is very close to the "official" processing date there are all chances that your application might have already gone under the eyes of a CAO (Center Adjudication Officer). Call NSC directly and ask since you are so close and especially since your date is going current next month....you want to make sure that your file is either pre-adjudicated OR assigned to an officer.
Normally, RD (on your receipt), and actual data entry date followed by the notice should be in quick succession. Logically, ND is just a notice date, therefore, when questioned they are correct in saying that ND has no relevance for any processing decisions. Due to high volumes of July/Aug 07, a lot of case files were just lying in warehouses for months before a center agreed to accept them. That's why you see online RD so different (and very close to ND).
If your statement in your first para is true, centers will have to do a lot of work for manually sorting thousands of cases before placing them in cabinets, which is quite impractical. Unless somebody is forcing them to do so, it is highly unlikely to happen. Note that issues under discussion are impacted by high volumes of July/Aug 07 for which systems are not designed. Also, as most cases are not PD dependant, USCIS systems don't handle them well, as they are not designed for handling PD based cases efficiently.
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prabasiodia
03-10 07:44 AM
^^^^
more...
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saraiks
07-05 06:21 PM
ORDER ID:
EGONZA0EGB88
--------------------------------------------------------------------------------
RECIPIENT INFORMATION:
Name: Emilio Gonzalez
Company: US Citizenship and Immigration Service
Address: 20 Massachusetts Avenue, NW
Washington, DC 20529
Card Message: All the best for future Employment Based
visa estimates!
The current one screwed my life up but
who cares.. Have fun!!
Day Phone: 202-307-1565
Evening Phone:
E-mail:
--------------------------------------------------------------------------------
DELIVERY DATE:
Tuesday, July 10, 2007
--------------------------------------------------------------------------------
DELIVERY TYPE:
Express Delivery
EGONZA0EGB88
--------------------------------------------------------------------------------
RECIPIENT INFORMATION:
Name: Emilio Gonzalez
Company: US Citizenship and Immigration Service
Address: 20 Massachusetts Avenue, NW
Washington, DC 20529
Card Message: All the best for future Employment Based
visa estimates!
The current one screwed my life up but
who cares.. Have fun!!
Day Phone: 202-307-1565
Evening Phone:
E-mail:
--------------------------------------------------------------------------------
DELIVERY DATE:
Tuesday, July 10, 2007
--------------------------------------------------------------------------------
DELIVERY TYPE:
Express Delivery
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03-06 07:42 PM
$25.00 from my side, let us know how to pay..
jsb
08-11 04:34 PM
Hi,
If any one can answer this question for me it will help:
My PD will be current with sept 09 bulletin. I was about to file for AC21. what should i do now:
1. File for AC21 and then if they raise RFE then chances are i am not be able to respond back to rfe or they delay the process of allocating a visa # for my case. In that case i may loose the sept 09 visa availablity for myself to get GC
2. Do not file for AC21 and hope i get my GC. In case they raise RFE I will try to respond and then see what happens.
There is nothing like filing for AC21. If some attorneys do, it is for making some money out of you. Just do nothing at this time. If an RFE comes, get a job offer (if you are already in that job, letter should say that your job will continue upon getting your GC) from your new employer. Job needs to be same/similar to what was described in original LC (there is no clear definition of what is same/similar, but try to have some technical words as in the original LC. IO's are not technical, and they are quite lenient in interpretation of this rule). Anyway, do nothing for now. Just hope for the best.
If any one can answer this question for me it will help:
My PD will be current with sept 09 bulletin. I was about to file for AC21. what should i do now:
1. File for AC21 and then if they raise RFE then chances are i am not be able to respond back to rfe or they delay the process of allocating a visa # for my case. In that case i may loose the sept 09 visa availablity for myself to get GC
2. Do not file for AC21 and hope i get my GC. In case they raise RFE I will try to respond and then see what happens.
There is nothing like filing for AC21. If some attorneys do, it is for making some money out of you. Just do nothing at this time. If an RFE comes, get a job offer (if you are already in that job, letter should say that your job will continue upon getting your GC) from your new employer. Job needs to be same/similar to what was described in original LC (there is no clear definition of what is same/similar, but try to have some technical words as in the original LC. IO's are not technical, and they are quite lenient in interpretation of this rule). Anyway, do nothing for now. Just hope for the best.
zoooom
08-14 02:01 PM
Application received on july 2nd (8 AM)...Still nothing yet. :(
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