raj2007
02-20 08:43 PM
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Your status is fine once you files I-485, but travelling can be risky.
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kamal
08-04 03:47 PM
Need not..call him up or go to his office(i recommend this) because we sound different over the phone..try to talk him/her out on this matter..he violated some labor rules, it doesn't mean he/she cannot come after u on this matter..court and labor department are two separate issues..any evidence against him/her can only be used by the discretion of judge..there are several loop holes in this contract issues..by experience i have only got to know a few of them..don't be scared..coz that doesn't help u..finally sorry to tell that i am not able to help you in giving a straight answer..but please do contact a legal attorney in this matter..just consult him/her and get their first hand opinion..also talk to ur employer face to face(if possible) and tell him/her u made few mistakes and i have done one mistake..tell them to get it over with..if u run away from him, he/she thinks ur scared and will try to scare u more..lastly please do not lose ur control by threating / abusing with emails or voice mails or any of that kind..coz that can be used against u inspite of his/her mistake..
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
Good luck..keep us posted..btw when ur working in calif..which state tax ur paying..was it calif or texas??
Thanks for your response.
Earlier when I was working for my employer it was texas and now as my h1 transfered, the taxes are being paid in california.
By the way what are free lawyer conference calls?
GCMan007
03-12 11:50 AM
I have updated my profile..IV has been a source of strength in my Journey..i wish good things happen at USCIS and hard working legal immigrants like us get the GC quickly
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ita
10-26 10:28 AM
Hi ,
Cna someone give me the customer Servcie #s to call For TSC
Are they by service center?
Wat is Second Level Support and what is the # to call them?
Cna someone give me the customer Servcie #s to call For TSC
Are they by service center?
Wat is Second Level Support and what is the # to call them?
more...
yabadaba
05-24 02:18 PM
Thank you for your comment and the information. Wayne Greene, city editor
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
>>> <XXXXXX@hotmail.com> 05/23/06 8:32 PM >>>
Name: Y abadaba
Email: XXXXXXXXX
Phone:
City: Atlanta
State: GA
Headline: Still waiting for green card
Publish Date: 5/23/2006
Intended for Publication: No
Comments:
Sir,
This article hits the nail right on the head. However there is one footnote that
needs to be added.
Assuming Salil Pradhan is in the EB-2 Category (Alien with Exceptional Ability
or Advanced degree), if he was born in Mexico he could apply for his I-485, also called adjustment of status, right away.
Just because he was born in India he is being subjected to this backlog
gparr
January 5th, 2005, 06:56 AM
Like this one a lot. I agree with Queen that it would be interesting to see one of the pots colored. Might try rotating the image so the pipe on the right is vertical. 2 deg. CW did it for me. Squares up the image better. Nice shooting.
more...
senthil
05-18 01:41 PM
one way to see IV's friendly faces ....
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waitingnwaiting
01-04 12:35 PM
Sorry to break your bubble but how exactly it this movie going to help us?
Is this movie advocating something? Like a bill or provision? Just saying here are a bunch of immigrants with their stories does not do any good. There are many immigrant stories in media already. What special are you bringing to the table?
Does the movie tells people to go to Immigrationvoice and support immigrants? So what is your message? How exactly you want immigrants to support Immigrantion voice? You are only posting a link to your film everywhere. Not even once on other sites you are asking people to support Immigrationvoice. The film also does not say about Immigrationvoice.
If you say that you are trying to raise awareness in Americans, then how about asking Americans to listen to Immigration voice and support IV. Have you said that. You have just shown pretty picture and a fancy music and trying to sell your movie.
What is the script of the movie? Has it been approved by IV? If it is not approved by IV, why are you using IV for your movie's publicity.
How is this movie going to help Immigrants? Will you be donating all money made by publicity and selling of movie to IV?
What is your goal? The goal I see is that you would be entering this movie in some award show and winning some award. Some award shows have online voting and you will use immigration sites to get votes from innocent immigrants. The money you make from the movie is also yours. So how exactly it is helping immigrants? Have you given any percentage of the movie rights to IV that truly represents immigrants?
I would say stop promoting your product on this site. Your product -Movie is your business to make money. You have no interest in the pain we suffer and what IV does. You created a profile just today to promote the movie.
Is this movie advocating something? Like a bill or provision? Just saying here are a bunch of immigrants with their stories does not do any good. There are many immigrant stories in media already. What special are you bringing to the table?
Does the movie tells people to go to Immigrationvoice and support immigrants? So what is your message? How exactly you want immigrants to support Immigrantion voice? You are only posting a link to your film everywhere. Not even once on other sites you are asking people to support Immigrationvoice. The film also does not say about Immigrationvoice.
If you say that you are trying to raise awareness in Americans, then how about asking Americans to listen to Immigration voice and support IV. Have you said that. You have just shown pretty picture and a fancy music and trying to sell your movie.
What is the script of the movie? Has it been approved by IV? If it is not approved by IV, why are you using IV for your movie's publicity.
How is this movie going to help Immigrants? Will you be donating all money made by publicity and selling of movie to IV?
What is your goal? The goal I see is that you would be entering this movie in some award show and winning some award. Some award shows have online voting and you will use immigration sites to get votes from innocent immigrants. The money you make from the movie is also yours. So how exactly it is helping immigrants? Have you given any percentage of the movie rights to IV that truly represents immigrants?
I would say stop promoting your product on this site. Your product -Movie is your business to make money. You have no interest in the pain we suffer and what IV does. You created a profile just today to promote the movie.
more...
sheela
08-15 05:51 PM
Couldn't resist opening a new thread and sharing this with fellow IVians.
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
We got our green cards today. It is actually green (in the back).
Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.
Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.
Congratulation,
You said relocated- Did you invoke AC21 and if so, did you inform
USCIS about your new employer/job? Please, let us know on this
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LostInGCProcess
09-01 08:25 PM
Folks,
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.
I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.
Is there anything else I should/could do? Appreciate any input.
Thanks.
Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?
You are freaking out UNNECESSARILY.
This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D
I had filed my I-485 in Oct 2008 (EB2-I, PD of May 2006) and moved in March 2009. I changed my address online and have a confirmation number for it. However, I don't think I have received a confirmation in the mail from USCIS.
I am trying to find out how to confirm if USCIS has my current address correctly on file. I tried to call in today and was told there is no way for them to confirm that on phone. The lady I spoke with took the updated address again -- saying she will refile for change of address and gave me a service ID that I could apparently use to get an infopass appointment 45 days from now.
Is there anything else I should/could do? Appreciate any input.
Thanks.
Oh man!!!! Why are you so worried? As long as you did the right thing thats all it matters. Since you also have a confirmation number, why worry?
You are freaking out UNNECESSARILY.
This reminds ne of the hindi saying " aa bail mujhe maar"
Literal translation: Hey bull, come and hit me.
:D:D:D:D:D
more...
gccovet
11-03 08:10 AM
Sorry if this question has been answered already. I searched and could not find any related threads.
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.
My priority date is Feb 2007.
Is it a good idea to renew my H1B even though I already have My EAD?
If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?
TIA for the responses.
I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .
I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182
Thank you for your time,
GCCovet
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indyanguy
12-28 02:41 PM
I filed my 140 on July 2nd though the notice date is Sep 24th. (It went to NSC->CSC->NSC).
Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?
Should I be on the lookout for Sep 07 for the processing date? Will they work on my application when the processing date says July 07?
more...
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peer123
04-04 04:54 AM
,,,,, others please weigh in
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fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
more...
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sushilup
08-22 11:02 AM
i APPLIED ON 7th July...
NO news
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
NO news
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
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bkarnik
05-11 02:28 PM
For people like us in the far flung areas, it would be helpful if IV posts a transcript or better yet record the event and make it available online so that we can at least feel like we have participated :) Just an idea.
more...
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Blog Feeds
10-28 12:00 AM
AILA Leadership Has Just Posted the Following:
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh-E-9VpxDJ8LAL8QSKoeU5ACDSrqVwW5AEP6smtTFVwyJp7msm1eqmUAqoX_hHPiIKENkMTbDrQ4U4YRh585lT0zUBuSX_ZEYHOgkGZJy7PIN62h4K5ksTM8Usnl57WL3O4N1-F7ljiMI/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh-E-9VpxDJ8LAL8QSKoeU5ACDSrqVwW5AEP6smtTFVwyJp7msm1eqmUAqoX_hHPiIKENkMTbDrQ4U4YRh585lT0zUBuSX_ZEYHOgkGZJy7PIN62h4K5ksTM8Usnl57WL3O4N1-F7ljiMI/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.
I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.
However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).
My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:
First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.
Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.
Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).
Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.
Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.
I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).
The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.
We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).
You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:
India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.
China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.
Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.
And these waits are from when the person STARTS the green card, not when they come into the United States.
I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.
The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.
Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?
I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
https://blogger.googleusercontent.com/tracker/186823568153827945-159310338954847679?l=ailaleadership.blogspot.com
More... (http://ailaleadership.blogspot.com/2009/10/get-in-line-what-line-tragic-tale-of.html)
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh-E-9VpxDJ8LAL8QSKoeU5ACDSrqVwW5AEP6smtTFVwyJp7msm1eqmUAqoX_hHPiIKENkMTbDrQ4U4YRh585lT0zUBuSX_ZEYHOgkGZJy7PIN62h4K5ksTM8Usnl57WL3O4N1-F7ljiMI/s320/Immigration+Lines.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEh-E-9VpxDJ8LAL8QSKoeU5ACDSrqVwW5AEP6smtTFVwyJp7msm1eqmUAqoX_hHPiIKENkMTbDrQ4U4YRh585lT0zUBuSX_ZEYHOgkGZJy7PIN62h4K5ksTM8Usnl57WL3O4N1-F7ljiMI/s1600-h/Immigration+Lines.jpg) I had a very upset client contact me this last week. He was angry . . . at the Visa Bulletin. He could not understand how, after the start of the new fiscal year, there was essentially no movement in the visa numbers. I tried to calm him by telling him that he just needed to be patient. Then I realized how patronizing that sounded. How much longer did he need to wait? He has an approved immigrant visa petition (EB-3) with an early 2005 priority date in the worldwide category. So, I decided to try to figure out when he might actually get his green card. I ask that you bear with me through this process. This is a LONG post, but one I think you will appreciate reading.
I have to warn you now, this math is a shot in the dark. I do NOT have all of the numbers of pending and approved cases in each category of employment based immigration. However, some estimate, based upon some pretty good numbers, is better than mere guesswork. Let me walk you through this analysis.
However, I first ask you to forgive me in advance, math is the reason I went to law school. Also, the USCIS simply has not released clear numbers (possibly for fear of letting folks know exactly how long their wait will actually be).
My focus for this analysis will be in the EB-2 and Eb-3 categories, since it is in those categories that our clients are most interested. There are four basic numbers we are looking for, NONE of them are easy to find. Let's discover the basic numbers we will be using:
First, how many approved I-140 cases are awaiting a visa number? According to AILA's recent liaison meeting with DOS, there are 198,186 "case ready" I-140 petitions awaiting visa issuance, in the EB-2 (52,584), EB-3 (139,737) and EW (5,865) categories. Case ready means (as best as we understand), that as soon as the petition is current, the Adjustment will be approved or consular processing will begin. Obviously, the EB-2 numbers are only for India and China.
Second, how many pending I-140 cases are there at the Service Centers awaiting adjudication? According to the June 2009, USCIS Production Update Report to Congress (http://www.uscis.gov/files/article/fy09q1backlog.pdf), USCIS had 85,970 pending I-140 cases awaiting adjudication. Unfortunately, USCIS does not break out the I-140 cases in this report between EB-2 and EB-3. These are the most recent numbers I could find.
Third, how many pending I-140 cases are at the District Offices? I have no idea! I cannot locate anywhere the numbers of cases at the local USCIS offices. No one knows. Really. There is no report that I can find where this number has been released. And, frankly, I do not believe that USCIS has an accurate count on this either (I do pray they get such a count soon).
Fourth, how many pending labor certifications are there at the DOL? This number is actually pretty sure. There are 62,100 pending labor certifications as of the September 22 stakeholder meeting with DOL (http://aila.org/Content/default.aspx?docid=30235) (not counting pending appeals). Unfortunately, again, we do not know which of the categories (EB-2 or EB-3) the cases will fall under.
Now, it is time for the math. Assuming all pending Labor Certifications and pending I-140s are approved (yes, I know some will be denied and some are duplicates), there are at least a total of 346,256 individuals with approved or soon to be approved petitions awaiting green cards, not including their families. If we assume an average family size of 4 people (I believe this is a safe assumption), there are 1,385,024 people waiting on employment based green cards in the EB-2 and EB-3 categories.
I know the number is huge! And next we have to try to fit that number into the two separate EB categories. Unfortunately, we have two problems in doing this. The first problem we have is that we do not know how many of these I-140 cases are in the EB-2, or EB-3 categories. So, let's use a little deductive reasoning here. Using experience and best guessing based upon the division we already know about in the numbers of cases from the DOS, lets say 26% are EB-2 (360,162), and 74% are EB-3 (1,024,917).
The second problem is that we do not have a per country breakdown. (I hope the USCIS has that breakdown). How to account for this? Again, let's estimate based upon the DOS numbers, that India accounts for 70% of the EB-2 and 39% of the EB-3 numbers and that China accounts for 30% of the EB-2 and only 3% of the EB-3 numbers and the rest of the world accounts for 58% of the EB-3 numbers.
We also know the maximum numbers available in any given year for all family and employment based categories is 25,630 (with some caveats), and that there are only a total of 80,000 employment based immigrant visas in the EB-2 and EB-3 categories combined (with some flow down from other categories).
You can see we have leaped, jumped, guessed, and assumed our way to the follow conclusions:
India EB-3 wait for permanent residence for a labor certification filed today: 15.8 years. This generous estimate comes from the fact that an estimated 399,717 Indian Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants which would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories, so the wait time is probably longer.
China EB-2 wait for permanent residence for a labor certification (or NIW) filed today: 4.1 years. This estimate comes from the estimated 108,048 Chinese Nationals waiting for 25,630 visas a year. This estimate completely ignores the possible immigration of any family based immigrants that would subtract from this total and increase the wait time, and the number that would flow down from other immigrant visa categories.
Worldwide EB-3 wait for permanent residence for a labor certification filed today: Well, there are 594,451 people waiting in this queue. The limiting factor here will be the 80,000 annual limit on employment based immigration. Excluding per country limits and flow down from other employment based immigrant visa categories, this is at least a 8.1 year wait.
And these waits are from when the person STARTS the green card, not when they come into the United States.
I can now tell my client a waiting date based upon, at least, some real numbers. But, I will still be wrong. The dates are not accurate, but at least it is not made up out of whole cloth. But we now all understand that we cannot look at the Visa Bulletin and actually determine how long the wait is.
The point of this whole exercise, besides telling my client how long he still might have to wait, is to point out the consequences of these numbers.
Line? What Line? These are employment based immigrants. Every single one has a job offer, an employer, and a certification that either there are no qualified, willing and able US workers for the job, or that the individual is so good, we do not even have to test the labor market. We need these people. We want these people. How many do you think will now just give up and go home?
This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in your home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation?
I believe these numbers have a purpose. The purpose is immigration reform, and not just a legalization. We all know that a broken legal immigration system causes illegal immigration. We need to fix the legal immigration system now! We need to modify the process, significantly shorten the wait and increase the numbers to meet the demand. We need to not include family members in the total calculated visa numbers. And, Yes, we need to make these change even in a struggling economy. We must maintain the great benefits that positive, focused employment based immigration has delivered to America. The reality is that Congress must act to help save the future of American innovation and economic growth. And, they must do it now.
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Almond
08-14 12:10 PM
^^^^ sounds like good news, I'm happy for you:)
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shankar_thanu
08-03 11:11 PM
How do you find about yoru namecheck status? Does USCIS entertain such queries over the phone? Or it is through Infopass?
According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.
When i went with infopass for some other issue back in feb I was able to get the status without issues.
According to posts on the forums, they dont always give the NC status when we cal the cust service line, I was able to get the status when I called, guess it depends on the IO.
When i went with infopass for some other issue back in feb I was able to get the status without issues.
guchi472000
03-18 05:06 PM
How she can apply for EAD...? My PD are Jan 2006 EB2. How can i get her EAD card.
Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.
Please suggest me....
If you have some knowledge can u pls share plus if you suggest me any website from where i can take help that will be grateful.
cbpds
08-03 06:27 PM
you missed on one fav diet control idea ---drinking Green tea :)
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