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singhsa3

09-11 05:10 PM

See http://immigrationvoice.org/forum/showthread.php?t=15443

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Libra

09-11 10:52 AM

thanks jandyala

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eastindia

09-27 12:52 PM

I am waiting for 14 yrs.

Arrival 1996 Jan
F1 1996

EB3

GC filed 2003 Aug.

HAVE MS in US. But employer filed in EB3. STUCK

STILL WAITING FOR GREEN.

You are only waiting for 7 years. Wait time is calculated from Priority date not the date you enter the country.

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scorion

01-06 12:07 PM

I don't think that was an issue ever. Also keep in mind the new PIM process which is now part of visa stamping might delay things if you go to get a visa stamped

Hi,

I talked to my lawyer and she didn't mention about any kind of delay so can you please give me some more details about this PIM and how does it affect the whole process and slow things down.

Thanks a lot in advanced

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validIV

03-04 11:58 AM

Thats ridiculous. I recently bought a home and got FHA loan from Chevy Chase Bank. They did not ask me a single immigration related document or any proof of legal presence. All they ever asked was a valid ID during closing, and I showed them my drivers license.

LOL. I think you meant JP Morgan Chase :) CHEVY CHASE is an actor.

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bpratap

05-28 05:37 PM

My Loan is not Jumbo loan, its under 400K

I don't have 20% down. But I was speaking to the Loan officer, he was telling, it doesn't matter if you put more down or not, 3yr forward continuous visa is req. I never heard this earlier.
I finally got the Loan Approved !

The underwriters was OK with my H1B + I-140 Approval + I-485 Reciept.

Thank you all for the tips and leads.

After a long 60 day wait, I m finally getting the house on Monday. :)

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AllVNeedGcPc

04-17 09:44 AM

Enjoy these moments.

Please when ever you get some time can you answer couple of my questions.

1) Where do you send emails to "NSCFollowup and EBUpdate"? Please can you PM me these email addresses?
2) Do we need a separate explicit official Interfile Request, even if original PD and A# have already been retained in new 140?

Here's my journey so far.

1. Initial labor
a. Filed - July 19th 2003 (4 years BE Software Engineering and 2 years Masters Computer Science in US) Filed as Software Engineer
b. Approved - June 2006, but BEC put NOC as Mechanical Engineer. Took a year to get it fixed back to Software Engineer

2. EB3 I140 (NSC)
a. Filed - July 2nd 2007
b. Approved - 2008

3. I485 (NSC)
a. Filed - July 2nd 2007
b. RFE - April 2009 (EVL for me and visa history for my wife)

4. Perm
a. Same Fortune 500 company for 10 years (By 2010, was promoted multiple times and moved to a different role)
b. Filed - Oct 2010 (No experience used only MS)
c. Approved - Dec 2011

5. EB2 I140 (TSC)
a. Filed - Jan 2011, Premium Processing
b. Approved - Jan 2011 (original A# and Priority Date retained)

6. Interfiling
a. Feb 2011 - Created a SR requesting the status of I485. Got a reply saying the category my 485 was applied is not current yet
b. Feb 2011 - Lawyer said that as my old A# and PD was already used on new 140, so that means that it has automatically been interfiled, now we do not need to do anything. But said will still send a reminder
c. March 2011 - Went for an Infopass Appointment (Useless in my opinion too) They said as your 140 is in TSC and 485 is in NSC that is why its taking time and they don't know how much more time will it take
d. April 2011 - Contacted Senator and got a reply that they have contacted NSC and will let us know their response as soon as they get one
e. Waiting again...


I have always been a passive reader of this post and multiple other similar posts. It helped me a lot and I thought sharing my positive porting experience will help/encourage others. Below are details of my long journey

1. Initial labor
a. Filed - July 8 2003 (no masters, no 5 years, Title: Systems Analyst)
b. Approved - August 31 2006

2. EB3 I140 (NSC)
a. Filed - October 11 2006
b. Approved - April 6 2007

3. I485 (NSC)
a. Filed - July 19 2007
b. RFE - April 2009 (Birth Certificate related for me and Medical related for my wife)

4. Perm
a. Same company. By 2011, I was promoted multiple times and currently managing multiple projects. Every H1b that was approved after 2003 clearly showed the growth and the promotion on the job title and salary.
b. Filed - Feb 9 2011 (Progressive growth within the same company, Title: Project Director)
c. Approved - Feb 15 2011

5. EB2 I140 (TSC)
a. Filed - March 9 2011, Premium Processing
b. Approved - March 21 2011 (A# and Priority Date retained)

6. Interfiling
a. March 24 2011 - Created a SR requesting the process I485 using the new EB2 140
b. March 29 2011 - Lawyer sent the official Interfile Request
c. April 5 2011 - Contacted both the senators and congressman. They were very prompt in responding back. Also sent emails to NSCFollowup and EBUpdate.
d. April 7 2011 - Went for an Infopass Appointment (Useless in my opinion)
e. April 14 2011 - Got the magic email at 9:15pm for both me and my wife. One of the happiest days in my life.
f. Waiting on the physical cards to take a long break :)

Wish the very best to everyone else waiting on the GC line.

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Jeniya2006feb27INDIA

11-07 01:35 AM

Correct me if i am wrong

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buehler

07-20 11:44 AM

That only 57 is required is not correct. The vote needs 60 to pass the motion. If no is totaling up only 37 but if yes is 59 still then it would not pass. Also if the senator is absent then it is considered a NO vote.

Did you check the link in the original post? It clearly says " Required For Majority: 3/5" meaning 3/5th of the votes is required to pass it. All vote counts in the senate are relative, never absolute. Simple passing of a vote requires 1/2 of the votes and cloture motion requires 3/5 of the votes.

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starone

10-21 11:18 AM

I have sent the email to Cisombudsman and will update the poll also.

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nosightofgc

07-14 10:19 PM

Just Contributed $20.

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thomachan72

06-04 11:54 AM

All this May 15th/21 date is open to interepretation there is no set concrete laws yet.I just filed I-140 and I-1485 on the 1 st June and my attorney told me just go and wait now and live your life.We can worry about stupid laws that MIGHT go into affect a yr or never and destroy your precious time.
In the meantime go to NUMBERSUSA website and send as many faxs against this CIR bill and get it shutdown.

Yes i know NUMBERSUSA is anti-immigrant but in this situation it beneficial to all us legals if this bill goes down in flames.
How could you file the 140 and 485 at the same time, are you filing in EB1 catagory? which country?

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java_jaggu

06-02 08:33 PM

Canadian_Dream, I think your interpretation is wrong..

------------------------------------------------------------------------
40 (2) PENDING AND APPROVED PETITIONS AND APPLICATIONS.�Petitions
41 for an employment-based visa filed for classification under
42 section 203(b)(1), (2), or (3) of the Immigration and Nationality
43 Act (as such provisions existed prior to the enactment of this
44 section) that were filed prior to the date of the introduction of
265
1 the [Insert title of Act] and were pending or approved at the
2 time of the effective date of this section, shall be treated as if
3 such provision remained effective and an approved petition may
4 serve as the basis for issuance of an immigrant visa. Aliens with
5 applications for a labor certification pursuant to section
6 212(a)(5)(A) of the Immigration and Nationality Act shall
7 preserve the immigrant visa priority date accorded by the date
8 of filing of such labor certification application.

-------------------------------------------------------------------------

I think what AILA, our core group and other attorneys are trying to say is that as long as you filed before May 15, 2007 you will be fine regardless of whether your petition is pending or approved. There is no dispute about this point. Any applications that were filed after May 15, 2007 will become null and void the day this bill is signed by the president to make it a law. The 'effective date' ( Oct 1, 2008 ) does not apply for applications filed after May 15, 2007. I will be glad if you can prove me wrong :)

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hopefulgc

07-11 01:24 PM

If they are rolling a dice.. it sure reads 1, 2, 3, 4, 5, and then 900 dots on the last face.
This bulletin rulz for giving a lot of people here (including me) false hopes.



I do not get it either. They seem to have this very complex formula to determine where to move the cutoff dates or they simply roll a dice. Is there no transperancy. Sometimes I figure I should just not be bothered. It is black box!!. But I can really not do that!. Atleast we are participating actively in the call campaigns. But is that all we can do?
EB3- June 2003, India

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gconmymind

08-13 07:04 PM

The only practical solution, IMHO, is to move over to EB-2. Like they say, If you can't beat them, join them.


______________________________
US Permanent Resident since 2002
N-400 Oath Date on Aug 19th, 2008

IMHO, yes, please move to EB2 if you can find a new job within your company or outside. EB3 is in limbo and not sure how long it will take to get resolved.

I am lucky enough to have an EB2 job with current PD. Several of my friends who are eligible for EB2 could not find suitable EB2 jobs and could not file in EB2.

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santb1975

05-27 12:00 PM

hmmm

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chanduv23

06-07 07:47 AM

Just contributed 100 USD. I know the money will go far and also that IV needs more money to get us where we want to be. Come on people, lets do it.

100 USD will buy you freedom.

You are now a super hero.

Come on heros, you can all do it. IV == "I" and "we" all together united.

United - we can all do it.

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gc_on_demand

12-10 04:38 PM

HOW IS THE PER-COUNTRY LIMIT CALCULATED?

Section 201 of the INA sets an annual minimum Family-sponsored preference limit of 226,000, while the worldwide annual level for Employment-based preference immigrants is at least 140,000. Section 202 sets the per-country limit for preference immigrants at 7% of the total annual Family-sponsored and Employment-based preference limits, i.e. a minimum of 25,620.

- The annual per-country limitation of 7% is a cap, meaning visa issuances to any single country may not exceed this figure. This limitation is not a quota to which any particular country is entitled, however. The per-country limitation serves to avoid monopolization of virtually all the visa numbers by applicants from only a few countries.

- INA Section 202(a)(5), added by the American Competitiveness Act in the 21st Century (AC21), removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available. In recent years, the application of Section 202(a)(5)has occasionally allowed countries such as China-mainland born and India to utilize large amounts of Employment First and Second preference numbers which would have otherwise gone unused.

WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE FAMILY PREFERENCES?

Cut-off date movement in most categories continues to be greater than might ordinarily be expected, and this is anticipated to continue for at least the next few months. This is because fewer applicants are proceeding with final action on their cases at consular posts abroad, and the volume of CIS adjustment cases remains low. Once large numbers of applicants begin to have their cases brought to final action, cut-off date movements will necessarily slow or stop. Moreover, in some categories cut-off date retrogression is a possibility. Therefore, readers should be aware that the recent rate of cut-off date advances will not continue indefinitely, but it is not possible to say at present how soon they will end.

WHY DID MOST EMPLOYMENT CUT-OFFS REMAIN UNCHANGED IN RECENT MONTHS?

Many of the categories were "unavailable" at the end of FY which resulted in excessive demand being received during October and November. Coupled with the fact that CIS Offices have been doing an excellent job of processing cases, this has had an impact on cut-off date movements. Some forward movement has begun for January as we enter the second quarter of the fiscal year.


In my view CIS is not processing the applications fast enough to be using the benefits of INA Section 202(a)(5). We need to understand reasons behind this. Per the official bulletin, it is clear that if CIS can process them fast enough, we could see a movement of EB2 till end of the 2005. How many times should CIS pre-adjudicate before actually approving the EB AOS applications?

State made a good start to give an explanation for these dates. But they still didn't consider DOL application volume and CIS processing bottlenecks in processing AOS cases. IV needs to ask CIS on processing capacities of AOS applications. If they can't process them fast enough, They need to open up the AC-140 process for India (it is available only for Bombay) centers to get the cases approved by state department in a much faster way.

In Jan 2010 DOL will publish their data and that will make thing very clear. I think DOS is assuming around 10 -15 k Spill over visas that can be available to Eb2 India ( based on previous years ) and that is what it take them into Oct - Dec 2005 range. They don't factor in CIS processing time. But I think from pool of 40-50k pre adjudicated apps CIS can easily consume 10k visas. But if there are less labors and more spill over visas ( like 30 -40 k) then be ready for mini version of july fiasco.

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pkv

05-07 10:09 PM

http://www.mercurynews.com/breakingnews/ci_9186416



Congress penalizes U.S. troops, legal U.S. residents in attempt to punish illegal immigrants
By Ken McLaughlin
Mercury News
Article Launched: 05/07/2008 06:51:18 PM PDT


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When Congress passed an economic-stimulus package giving hefty rebates to most taxpayers, it tried to make sure that illegal immigrants didn't get any of the cash.

But in doing so lawmakers inadvertently penalized hundreds of thousands of legal U.S. residents - and tens of thousands of U.S. troops stationed overseas - simply because their spouses lack a Social Security number.

"Imagine an American soldier in Iraq whose foreign-born wife is waiting for an immigration petition to be approved and doesn't have a Social Security card. Now the couple can't even get a rebate," said Rep. Zoe Lofgren, D-San Jose. "That is really stupid."

Others in the predicament include about a million legal residents whose spouses are still overseas because of long immigration queues and hundreds of thousands of H-1B work visa holders in Silicon Valley and elsewhere.

The scope of the problem is only now becoming clear as the government begins mailing out rebate checks. The first checks were electronically deposited in bank accounts last week.

Because illegal immigrants don't have Social Security numbers and instead routinely use "tax identification numbers," Congress banned rebates for taxpayers who use the IRS-issued numbers.

If a married couple files jointly and one spouse doesn't have a Social Security number, the couple won't get the $1,200 checks that other couples will receive. They're also ineligible for the $300 rebate per child. Many Armed Forces members stationed overseas have foreign spouses who can't get Social Security numbers.

William Luong, stationed at a U.S. naval base in Yokosuka, Japan, said his fellow seamen resent that they've landed in the same category as illegal immigrants.

"They understand the reason they're getting the shaft," said Luong, 21, who is from the Los Angeles area. "but a lot are frustrated or angry about it."

More than 288,000 troops are stationed overseas, according to the Pentagon - not counting those in Iraq and Afghanistan. Many live in places - Korea, Japan and Germany - where extended stays often result in marriages to locals.

The unintended situation developed after the House in late January passed the economic-stimulus legislation at the urging of President Bush. But anti-illegal immigration groups then lobbied the Senate to add the Social Security requirement, fearing that illegal immigrants would get their hands on the checks.

The Federation for American Immigrant Reform - whose members went on radio talk shows to bash the House version of the stimulus bill - has no apologies.

"No law was ever written that doesn't find someone falling through the cracks," said Ira Mehlman, a FAIR spokesman, who said he hoped government officials will come up with some way to help Armed Forces members.

But H-1B visa holders and legal immigrants who are being denied rebates say they want some justice, too.

"If the government collects taxes from us, we should be able to get rebates given to other legal residents, it should be a level-playing field," said Parveen Kumar, an H-1B visa holder who lives in Sunnyvale.

Kumar moved to Silicon Valley from India with his wife three years ago. He now works as an engineer at Intelliswift Software in Fremont. But his wife, Anu, is on a H-4 "dependency visa" that doesn't allow her to work.

After he found out about the rebate law, he went to the Mountain View office of the Social Security Administration and asked if he could get a number for his wife. He was told no.

John Johnston, a spokesman for the Social Security Administration, confirmed on Wednesday that the agency's policy is not to issue Social Security cards simply for the purpose of issuing tax rebates.

According to the U.S. Department of Homeland Security, there are now between 600,000 and 800,000 H-1B visa holders in the United States. Exactly how many are married to spouses ineligible to work in this country is unclear.

Another group of immigrants - about a million nationwide - are non-citizen green-card holders who are already facing seven-year waits to get permission for their spouses to immigrate to their country.

"I've been in America for well over 20 years, and I consider myself an American," said Amir Nikpouri of Orland Park, a suburb of Chicago. "All I'm trying to do is obey the laws, but this one seems really unfair."

Nikpouri, 31, was married three years ago, but his wife won't be eligible to immigrate from Iran for a few more years.

"We are here legally and paying taxes and enjoying what a married family should be enjoying," said Aung Moe of San Jose, 33, a Burmese political refugee who works as an engineer at Applied Materials. His wife, Mon, is an electrical engineer who is forced to live separately from her husband in Singapore.

"Already we cannot be together, and now she cannot get a Social Security number," he said. "This needs to be fixed."



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cheg

07-23 03:21 PM

Wow! Good for you! So when did you apply for your I-485? Please let us know the details so we can compare it with our situation. My husband is EB3 as well with PD Feb 2005 (Philippines). Thanks!

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ahaadi

03-04 05:03 PM

Don't know what it means :) but my priority date is Aug 2006.

Thanks.

Any one else with recent RFEs/LUDs on their I-485 ? Pl post.

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