Macaca
07-09 12:54 PM
Adjustment Of Status (AOS) Application Submission Laws
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
An AOS application can be submitted if an immigrant visa # is immediately available at the time of filing the application.
An immigrant visa is considered available for accepting and processing AOS application if
the preference category applicant has a priority date on the waiting list which is earlier than the date shown in VB (or the VB shows that numbers for visa applicants in his or her category are current), and
(if the applicant is seeking status pursuant to section 203(b) of the Act) the applicant presents evidence that the appropriate petition filed on his or her behalf has been approved.
The Visa Office (VO) subdivides the annual preference and foreign state limitations specified in the Immigration and Nationality Act (INA) into twelve monthly allotments. The totals of documentarily qualified applicants that have been reported to VO are compared each month with the numbers available for the next regular allotment and numbers are allocated to reported applicants in order of their priority dates, the oldest dates first.
If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered “Current.”
For example, if the Employment Third preference monthly target is 5,000 and there are only 3,000 applicants, the category is considered “Current”.
Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.
For example, if the Employment Third preference monthly target is 5,000 and there are 15,000 applicants, a cut-off date would be established so that only 5,000 numbers would be used, and the cut-off date would be the priority date of the 5,001st applicant.
The Department shall limit the number of immigrant visas that may be issued and the number of AOS that may be granted to aliens subject to these numerical limitations to a number:
Not to exceed 27 percent of the world-wide total made available under INA 203 (a), (b) and (c) in any of the first three quarters of any fiscal year; and
Not to exceed, in any month of a fiscal year, 10% of the world-wide total made available under INA 203 (a), (b) and (c) plus any balance remaining from authorizations for preceding months in the same fiscal year.
How were the above laws followed in the following cases (which may not be a complete list)
Oct 1 2005 & Oct 1 2006 when .27 * 140K = 37,800 #s available but ALL AOSs were not submittable.
May 14 (??) when 60K #s were available but many more AOSs were submittable and were submitted from June 1-30.
June 12 when < 37,800 #s were available but ALL AOSs were submittable.
July 2 when 0 #s were available and ANY AOS was not submittable.
Months in 2005, 2006 and 2007 when ALL AOSs were not submittable.
Months in 2005 and 2006 when ANY AOS was not submittable.
10,296 GCs were returned on Sept 20 2006 but some (ALL??) AOSs were not submittable.
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vin13
07-16 06:25 PM
If u want to be fair, fight to remove country quota and not fight among EB categories
Zeb
08-02 09:46 AM
Guys,
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
Just give your name and address of your friend. My brother received my card exactly after four weeks.
If we r landing by road and as we dont have address and we give our friends address, right?
So do we have to give address as
My Name
C/o; Friend's name
Friend's address
Or we just give
Friend's Name
Friend's address
Please anyone can throw some light on the issue.
Thanks in advance.
Just give your name and address of your friend. My brother received my card exactly after four weeks.
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delhirocks
07-04 11:13 PM
Did you know I-140 dates are prtable from X to Y after 140 is approved? I am sorry to hear your pain, but you can check if you can atleast maintain your priority dates.
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
Are you sure about that...never heard of I140 portability. If it were true...why would there be such a big ho ha about AC-21.
Iam a novice at this, and am by no means contradicting your point...just skeptical..
more...
chmur
07-28 12:33 AM
No one can realistically claim a moral high ground here - neither EB2 nor EB3. and that includes me too! Each one of us here are looking for self interest, period. No amount of calls to empathy/sympathy/solidarity will change that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
For example, I'll get behind the whole "restore the old overflow logic for EB3" campaign in a heartbeat if we can have a consensus that EB3 will share the resulting overflow with EB3 other workers category too. EB3 other workers category is typically in worse shape than EB3-I so all the arguments presented here for EB3 (length of wait and frustration, unfairness of it all etc.) apply equally or more to the EB3 other workers. Any takers for this proposal?
So please see all this for what it is and stop the endless debate. You can not realistically expect EB2s to support any campaign that directly harm their interests. EB3s of course have every right to run whatever campaign they wish but also accept that it *will* split active IV membership (rare as it is) along those lines vertically. That's why the calls to stick to "common minimum program" of visa re-capture. Only those campaigns that don't have conflict of interests will be able to draw whole IV membership behind them. It's human nature - plain and simple.
Agreed. The resource(Visa numbers) is fixed and scarce. so it is natural that everyone will fight with whatever they can to access them , unless the resource is expanded (Recapture)
EB3-I will be foolish to expect EB2-I's to help them out .
IMO, IV has sensed this and maintained a dignified silence . They really cannot take a position on this and still function as objective forum .
I think none of us should force them either ...IV has larger objective of increasing the pie and we should all support it.
Where i disagree is why should EB3-I lobbying should split IV . I see no reason in that.
kannan
02-03 07:49 PM
Count me too. I am from NSC to CSC, my case is still in CA only.I don't know what is happening. I have opned 2 SR's also. I am a july 2 nd filer.
more...
cagedcactus
08-19 07:37 AM
I'm ready to join in the law suit....
Count me in too.... 10 years of slavery is enough for me....
Count me in too.... 10 years of slavery is enough for me....
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webm
03-28 12:29 PM
Looks like there won't be any movement in May08 VB for EB3-I/ROW based on this article...:(..
�MurthyDotCom
It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
�MurthyDotCom
The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year
-----------
EB3-I PD:0ct'01
�MurthyDotCom
It is expected that the cutoff dates in the employment-based, third preference category (EB3) will remain the same during the month of May 2008. However, this depends on the USCIS's processing of cases, as visa numbers are assigned based on I-485 approvals. Therefore, the number of I-485 applications approved by the USCIS determines, to a large extent, the immigrant visa number usage. (The consulates also use EB3 visa numbers, but far fewer than the USCIS.)
�MurthyDotCom
The EB3 cutoff dates moved forward in March and April 2008 in an attempt to avoid a recurrence of the events of the summer of 2007. As our regular readers, in the summer of 2007, the Visa Bulletin reflected current for most categories in an effort not to have an immigrant visa numbers go unused by the end of the fiscal year. They dates are being moved more quickly in the spring, as there is a potential that USCIS will have to reallocate staff from I-485 cases to naturalization cases to address the backlogs with those filings in order to naturalize eligible individuals prior to the November 2008 general election. Moving the dates forward permits case approvals and full utilization of immigrant visa numbers before the end of the fiscal year
-----------
EB3-I PD:0ct'01
more...
desi3933
01-30 01:57 PM
Let me add my 2 cents here -
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
1. There is no rule that H1 status expires after 1 year of no use. The key word here is H1 status.
2. If the person is in US, then he/she 60 days to start working on H1 job else apply for change of status (or leave US and re-enter on some other visa).
3. If the person is entering US on H1 visa, then he/she has 30 days to start working on H1 job.
4. Within 30 days of start working, person should get his/her first paycheck.
5. By not working on H1 job, you are out of status since Oct 1st. (there is no grace period for out status. However, out of status does NOT mean illegal presence as long as I-94 date is not expired or USCIS has made the determination that you are out of status.
6. 3/10 year bar applies for illegal presence and not for out of status.
Good Luck.
____________________
Not a legal advice.
US Citizen of Indian Origin
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eb3retro
09-23 02:24 PM
link for the article..
Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)
Visa Bulletin Predictions and Updates from Charles Oppenheim (http://www.cilawgroup.com/news/2010/09/23/visa-bulletin-predictions-and-updates-from-charles-oppenheim/)
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abracadabra
07-07 10:52 PM
Hope somebody is serious out there, just kidding
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alterego
10-05 12:11 PM
Firstly let me say that the Dems taking the house is the only hope I see for change near term. If the Republicans take it then they will feel vindicated on their stand and stick to it especially in view of the current unpopularity of Pres. Bush.
Democrats normally sing the tune of organised labour on such issues. Organised labour is clear that they want the immigrants that come not to be exploited. In otherwords, if you let them come then treat them well as they are now part of the labour pool. This idea has some intrinsic merit. If you analyse things, it is usually during the long drawn out protracted green card process that unscrupulous employers take the most advantage.
Indeed the deluge of illegals will be a blight on the processing times, however without visa numbers there is absolutely no hope for EB India in the near term anyway. We have to hope for the lesser of two evils now.
Sen Byron Dorgan is always on Lou Dobbs show. He does not represent the majority view of the democratic party. I think he is making all sorts of noises to fight for his political life.
Democrats normally sing the tune of organised labour on such issues. Organised labour is clear that they want the immigrants that come not to be exploited. In otherwords, if you let them come then treat them well as they are now part of the labour pool. This idea has some intrinsic merit. If you analyse things, it is usually during the long drawn out protracted green card process that unscrupulous employers take the most advantage.
Indeed the deluge of illegals will be a blight on the processing times, however without visa numbers there is absolutely no hope for EB India in the near term anyway. We have to hope for the lesser of two evils now.
Sen Byron Dorgan is always on Lou Dobbs show. He does not represent the majority view of the democratic party. I think he is making all sorts of noises to fight for his political life.
more...
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brit_gc
08-02 11:16 AM
I received the receipt number today from my attorney
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
My application was received in Nebraska on 19th June, filed concurrently, with I 140 pending in Texas since 5/16
My I 140 was approved on 27th July.
My receipt numbers are as below, so it was moved from Nebraska to Texas
I-485- SRC-07-230-xxxx
I-765- SRC-07-230-xxxx
I-131- SRC-07-230-xxxx
Andy
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h1b_slave
06-15 12:59 PM
My lawyer sent I-485 docs to Vermont Service Center, UPS tracking number shows they received the package on 5th June but No receipt or No checks cashed yet.
Has anybody who sent to Vermont received any update ?
Anybody in same boat ?
Has anybody who sent to Vermont received any update ?
Anybody in same boat ?
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gc4me
07-28 02:09 PM
LUD on I-131 and I-485 on 7/22 :confused:
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
No LUD on I-765 yet.
LUD on I-131 again today (7/28) and the status is approved.
Recieved by USCIS on July 11, LUD JUL 15th.
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vadapav
05-06 01:20 PM
I did landing over this weekend and posted my experience in following thread:
http://immigrationvoice.org/forum/showthread.php?t=18792&page=2
http://immigrationvoice.org/forum/showthread.php?t=18792&page=2
more...
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vaishnavilakshmi
07-05 01:34 AM
Hi,
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
Ours is Substituted labor(eb3) and Priority date is Feb2002.
Our lawyer sent our papers on 29th june2007.Don't know the status of mail,since my lawyer is not responding to our mail.
vaishu
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HarshJ
11-05 03:11 PM
Hi,
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
I am a Jul 23rd I-485 filer. Just called USCIS second time (first time no success), went thru their menu and was lucky to get a great Cust Service Rep.
She asked me the I-485 receipt #s, address, primary contact #, DOB, and Zip Code for self and spouse.
She generated a SR for us together and gave us a Conf # for FP notice. She said that you should receive a FP appt notice in next 30 days.
So I guess, perseverance does pay off :)
Hopefully we can get this FP out of the way soon enough.
FYI I am a Bay Area resident.
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neel_gump
07-21 04:44 PM
We, people with EB3-I priority dates in 2002 2003 2004, should not blame others for our problem. The only way out of this mess for us, I think, is to port from EB3 to EB2. We all need to do it before they scrap that law. We are being too loyal to our original employers. Most of us were working for more than 8 years in the same company. It is time to move-on and search for greener pastures. We checked that there are around 20,000 EB3-I applications in front of us. That, @ 3000 applications per year, means more than 6 years of agonizing wait. We are already waiting for 8 years and I don't know whether we can take 6 more. I think only a mass-porting from EB3 to EB2 should be the answer.
cram
06-12 02:13 AM
I was under the impression that you cannot file before June 1st..
Fortunately, my PD became current on May 1
Fortunately, my PD became current on May 1
coolngood4u80
11-17 03:26 PM
Done
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