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  • gumpena
    08-02 05:17 PM
    How do you guys get this daily update.. going by this, it will take them 2 months just to clear first 2 days of july - even after assuming all receipts issued are for I-485 cases, which is far from truth!


    This includes I-485,I-765, I-131, I-140..




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  • om5454
    01-22 12:28 AM
    I was going thru your question, I am kind of in the same boat. My PD is Jan'04 in EB3. Filed 485 for self and wife in Jul'07.

    Did you get answer to your question ?




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  • CADude
    10-27 01:20 PM
    I sent the email to ombudsman. Thanks for PM.




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  • WeShallOvercome
    07-20 02:32 PM
    Best thing would be to apply for EAD/AP about 6 months from now because bulk of the new workload will be concentrated in June, July and August filings and it might take 5-6 months for all of them to get EADs. same thing when time comes for renewals.
    If someone applies EAD/AP 6 months from now, chances are he/she will be able to avoid the crowd and get it in 3 months.

    It''s like leaving at 5PM and spending 3 hours in traffic
    OR
    leaving at 8 and spending 30 minutes

    makes sense?



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  • nk2006
    10-16 04:29 PM
    Issue/Background:
    It seems USCIS is not following AC21 regulations in some cases – especially when underlying I140 is revoked by previous employer – and are incorrectly denying I485 applications. As we know, AC21 regulations and related guidelines, provide some relief and allow job changes without affecting the I485 application. As per these rules if the employee changes employment after 180 days of submitting I485 application, there is no need to redo I140 even-if old employer revokes the old I140.

    In recent days USCIS seems to be denying lot of I485 applications – ignoring their own AC21 regulations. A few of IV volunteers (pd_recapturing, gc4me, chanduv et al) have started an effort to address this. You can get more info on this, at this thread: http://immigrationvoice.org/forum/showthread.php?t=21716.

    This issue can affect a lot of us and it negates all the flexibility/relief that we acquired by getting EAD’s and advantages we got thru recent admin reform.

    What needs to be done:
    After some initial discussions and planning (thanks to pd-capturing, chandu, et al) it is decided to write letters to Ombudsman and service center heads to point out this and request them to correct it ASAP. Please participate and send letters. To succeed we need to send it in thousands.

    Pasting the letter and the addresses below.

    More info: (thanks to gc4me for addresses and letter template):
    ======================
    Everyone please send the letter/email to: Ombudsman
    ======================
    Ombudsman:
    cisombudsman@dhs.gov
    Mailing Address:
    Citizenship and Immigration Services Ombudsman
    ATTN: Recommendations
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225
    =======================

    ============================
    Letter
    ============================
    Date: Today()

    To
    Mr. Michael Timothy Dougherty
    The Ombudsman
    Citizenship and Immigration Services Ombudsman
    United States Department of Homeland Security
    Mail Stop 1225
    Washington, D.C. 20528-1225

    Re: Issues caused by USCIS not following AC21 guidelines

    Dear Sir,
    This is to bring your attention to the issues caused by USCIS not following AC21 guidelines.

    The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) allows for a change of employer on any I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition, provided the applicant’s new employment is in a similar/same occupation.

    According to the Memo released by William R Yates on August 4th 2003, the original I-140 is valid if it is approvable and form I-485 has been pending for more than 180 days. (Attached for your reference is the memo dated August 4th 2003 from William R Yates and the follow-up memo dated May 12th 2005 with relevant sections highlighted).

    Due to unreasonable delays caused by retrogression, many candidates have lawfully changed employers in accordance with the AC21 statute. Even though there is no requirement that USCIS be notified after a job change, some applicants have done so to prove that they are in compliance with this regulation. If the previous employer has withdrawn the previously approved I-140, AC21 guidelines state that if the applicant has not submitted evidence of a new qualifying offer of employment, the applicant be sent an NOID (Notice of Intent to Deny) to deny the I-485 application or a RFE (Request for Evidence) . If the response to the NOID/RFE is timely and indicates that the alien has a new offer of employment in the same or similar occupation, USCIS may consider the approved Form I-140 to remain valid with respect to the new offer of employment and may continue regular processing of the Form I-485.

    Over the past few months, a disturbing pattern has emerged with cases where the applicant has changed employers. USCIS has started to deny I-485applications where the underlying I-140 has been withdrawn by the previous employer without issuing an NOID or RFE. Even those applicants who have notified USCIS of change in employers have had their I-485 denied.


    After the denial of I-485, the applicant has to file a MTR (Motion to reconsider) with USCIS to re-open the case. In addition to the financial burden of filing and legal fees, the applicant has to stop working because of the denial of the I-485 until the case is re-opened. This could be anywhere from a month to a few months. Needless to say, employers are unwilling to keep the job position open for such a long period and the applicant in most cases is looking at potential loss of employment. The applicant who has followed the law to the fullest extent is unfairly punished on account of USCIS not following the AC21 provisions.

    This is a request for you to intervene to ensure that the AC21 regulations are followed when adjudicating an I-485 application. If the applicant notifies USCIS of a change in employment under AC21, this should be added the applicant’s physical file and electronic records. If there is no such notification and the previous employer withdraws the I-140, the applicant should be issued a NOID/RFE instead of denying the I-485 application.


    Should you have any further questions, please do not hesitate to contact.

    Thank you in advance for your kind attention and cooperation in this matter.

    Thanks,

    Your Name
    Your Address
    Your Phone Number




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  • GC_1000Watt
    03-06 01:37 PM
    Sorry to hear about your ordeals. The good news is that EB3- ROW should move forward at a good clip in a few months - some estimates from a lawyer I talked to seem to indicate a jump into early 2006 by the end of this year, so hang in there and remember that it is darkest before dawn.
    If you are keen on a backup, have you considered immigrating to New Zealand? It is a great option if you need a peaceful life and the weather is just like California (unlike Canada) and they have universal health care too. For people who have worked in the US for a few years in recognized fields, NZ is quite easy to immigrate to and very quick. Your English seems to be quite good so I don't see why you should be so disheartened. I guess this advice also applies to Indians who are frustrated with the delays.
    Good luck!

    Thanks for the info buddy. Where to find more information on immigration to NZ? Please guide me on that.



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  • Totoro
    05-07 12:56 PM
    Love your attitude. Basically it is "I got the stimulus so tough luck if you didn't."

    Second thing. Nobody has posted in this thread for days. However, by making a comment, all you did was bump it to the top of the discussion. If you don't like this thread, why are you bumping it?




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  • ashutrip
    06-21 02:12 PM
    Relax Buddy , now that the bus has come they will keep coming .Most of the people will go in this bus. The dates will retrogress for some time and will be current maybe next year . If not this bus then the next bus . No use raising your blood pressure for this . Attorneys and the media have a habit of scaring people unnecessarily . This Current date is not the end of the world , so take a chill pill ..
    thank you....not beeing sarcastic....I have been employed by a desi company for 6 years....you wont know what I m going thrujust on humorous note....where can I find one chill pill....I need it badly.....



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  • ramus
    07-05 03:48 PM
    Please put more details as you call.


    Cantwell office is responding. They are talked to me and actually taking care of personal cases and majority casses. Phone number: (202) 224-3441.
    They transfered me to a voice mail that Olia black where she care of these issues.

    Call people.




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  • jamesbond007
    09-05 04:24 PM
    It is not a good idea to buy property in India now ( at high prices )
    You can see a 30 to 40% decline in prices in coming months/ years.
    Wait and buy.
    As far as loan , go with SBI or LIC home loans - slow in processing , but you can save lot .
    No ICICI

    Thank you very much for the suggestions.Once the elections are done next year do you think rates will go down..I'm actually thinking about Hyd.Have been waiting so long but rates are only going up.

    Is it possible to apply for loan with SBI/LIC from here (US)?

    Thank you.

    The prices in Hyderabad are pretty high right now. But I do not think any bubble will burst and they will come down. If anything they will maintain their current value. This is what I noticed during a recent trip to Hyderabad:

    1. The people who are buying at USD$200K or USD$300K are already rich. I think they are just using this as a conduit to convert their black money into white.

    2. People who are buying are not looking for a quick turn around. They are in it for the long haul.

    3. The outer ring road construction is going on in full swing. It is a pretty wide road. Once done, travelling from one corner to the other would not take hours as it is taking now.

    4. The metro rail project recently got awarded to Maytas consortium. They expect to have it working by 2012 and will help travel from the outlying areas.

    5. The development of the city is not being limited to just one corner. Different industries (and SEZs) are being planned in different corners to help growth across the city.

    What once used to be city outskirts with scant houses spread around are bustling with construction activity. And city is expanding tremendously. I can give one example that people who are familiar with Hyd can picture in their mind:
    The road that goes from Lunger Haus to Gandipet via the military area.

    As it was in 1996: Once you crossed Lunger Haus, there were very few civilian houses. There was a small village near the Vasavi Engg College. And then a small village (Narsingi). And then the Gandipet village. There was nothing but open land elsewhere thru the route.

    As it was in August 2008: The military area remains the same. But there are developed houses all the way from Lunger Haus to Gandipet and beyond. And there are still quite a few projects going on to build educational institutions, residential bungalows/condos etc.
    The outer ring road happens to go thru the Narsingi village. And this made the property values in that area to sky rocket.

    Considering all these, if you can afford it, get a piece of action now. But do not expect the value to double in just a couple of years. It will be atleast 4 or 5 years before you can expect your property value to go up significantly.



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  • indyanguy
    09-25 08:15 PM
    This is an excellent thread. It's something I've been looking for for a long time. I am still not clear about using AC21. Here's my situation.

    July 2nd filer. Received EAD for me (primary) and my spouse. Waiting for I140 approval. I understand it's risky to invoke AC21 before I140 approval. After I get it approved, here's what I intend to do.

    1. Inc a business in my spouse's name.
    2. Invoke AC21 and join my spouse's company as a "Software Engineer" (my position in LCA)

    If I do this, during I485 adjudication, all I need is an offer letter from my spouse company saying that I am working as a Software Engineer right?

    Also, does USCIS care during I485 adjudication whether I got paid continously while employed with my spouse's company?

    If for any reason, I decide to quit my spouse's company before I485 adjudication and move to a different company, Will I be able to do this?




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  • amsgc
    05-02 09:56 PM
    It was obvious that King was not in favor of the recapture. The idea of someone applying to adjust status only to enjoy the benefits of EAD/AP is impractical and simply rediculous. In order to file I-485 you need an approved or a pending immigrant petition, and if you have either of the two, then you have a legitimate case that deserves to be adjudicated. Aytes should have clarified this.

    Not all congressmen/women are well versed with the details of immigration law, and Mr. King was trying to take advantage of this to influence the outcome of the testimony. He tried again with the new 180 day name check rule, asking Mr. Aytes if the USCIS had ever circumvented security checks to give out green cards. Hopefully, the powers to be will see through these cheap attempts and do the right thing.

    I thought the testimony went well:
    - It was agreed that visa recapture is a good thing because it will move the cut off dates for India/China in EB by several years (someone from the DOS actaully made this remark during the testimony)
    - It was agreed that removal of country cap will help make visa bulletin cut off predictions easier (although the DOS/USCIS may have to make some changes in their process - which was ok)
    The discussion is open for 5 legislative days, if someone choses to comment etc. It will be interesting to see what transpires in the next couple of weeks.
    - Regarding FB, the senator for Illinois did well to dispel the myth that all kinds of people from all over the world are coming to this country in huge numbers. The fact is most of the new immigrants are immediate family members of american citizens.

    what king meant was that anyone could apply for 485 and get an EAD which has no work restrictions as a H1 and enjoy the same benifits someone with a GC holds..down the line(after years of wait) even if the 485 gets rejected he/she has njoyed all the privilages or work/travel by getting his/her AP/EAD...

    well damn you king, issue GCs faster then!



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  • CADude
    07-21 12:49 PM
    Why to remove? Please ignore and don't read if you don't like. Put self constaint buddy.


    Grim EAD situtation , Oh my god!
    Guys,
    The calculations below is not to scare anyone but it may very well a reality. Based on the assumptions below, some people may have to wait up to 20 months to get a EAD card: Ouch!

    Hello,

    A kind request - can someone remove this kinda thread with heavy calculation from our senior member - Sorry to say but this is definitely not a good time to start this kinda discussion especially that we are filling our docs and where so many of us are stuck in our employers dealing with us who has not filled our EAD/AP.

    Please remove this thread .

    Regards,
    Zee.


    A Total I-485 Applicants: 750000 Applicants
    B Each EAD processing time: 5 Minutes
    C Total processing hrs: 62500 Hours
    (Calculations: AxB/60)
    D Daily productive Hours: 5 Hours
    (It is a government body!)
    E Total Man Days (Business Days): 12500 Man Days
    (Calculations: C/D)
    F EAD Workforce: 30 People
    G Total Business Days: 417 Days
    (Calculations: E/F)
    H Average Business Days in a month: 21 Days
    I Total Clearing Time : 20 Months
    (Calculations: G/I)




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  • sledge_hammer
    03-04 05:31 PM
    One last question, if you don't mind.

    I assume yours is a conventional loan, how much equity do you have on your home, and how much down payment did you make on your home purchase first time?

    I didn't pay any points. I locked in two weeks back and closed this week. Lender is a local bank in Mass.



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  • yawl
    08-02 05:05 PM
    An article confirmed the number (~76K):
    http://www.bibdaily.com/pdfs/Jan%20Pederson%208-2-07.pdf

    "3. The unofficial reports are that the Texas Service Center received approximately 40,000 I-485 applications during the first day or two in July and the Nebraska Service Center received approximately 35,000 I-485 applications during the same period of time. "

    Since I was bored at work, I called this number and talked with a rep this morning @10. She told me that they have 76K applications pending for the receipt date as of July 27th. She said this two times thinking me to take on with surprise with this huge number. Yes, of course I am surprised. Is it only 76K apps by July 27th?




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  • va_dude
    03-04 10:06 AM
    I don't think this is a pattern, its probably specific just to the lender you were working with.

    Frankly speaking the lender has the right to deny you the loan for whatever reason they feel is risky. So no point arguing with them.
    Try another lender and hope it works.

    -va_dude



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  • SGP
    04-24 07:24 AM
    SGP, It took 3-4 weeks for a co-worker in eb2 to get an approval once labor was filed(excludes Pre activities like ads etc)

    It seems Feb 2011 is a golden era for PERM approvals , almost similar effect of July 2007. I have noticed people who filed in February got their PERM approvals in under 2 weeks.

    Thanks LONGGCQUE and forgerator. For the benefit of others, I will post the time time it took to get approval as soon as I get it.




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  • syendu1
    01-10 02:53 PM
    Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
    Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?

    yes, i had an unexpired h1b/i-94. yes, i do have friends who were not on h1b/i-94 and still got approved from boa. for some reason, i believe, its pretty much the agent who handles your case decides on these issues. i remem' for one or two things which are supposed to be important, my agent asked me not to worry about and i dont think i gave him a copy of my h1b visa either.

    sy




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  • sroyc
    07-11 01:37 PM
    In order to avoid visa wastage, there is no �per country limit� during the last quarter, that could be the main reason for this quantum leap in EB2-I PD movement.


    The per country limit was not adhered to even in the 3rd quarter. Remember how EB2 India rose like a phoenix from Unavailable to April 2004? Once they determine that there are enough visas for spillover, the per country limits don't exist. The question is how they decide to distribute it among the retrogressed countries.




    vsk74
    01-05 12:54 PM
    Hi,

    I applied for labor certification in Dec2004 .I got a 45 day letter 6 months back.My application in Philadelphia back log center.When i am seeing the status it is showing IN PROCESS.Can anyone tell me what will be the time frame after receiving 45 day letter.Intially i applied from FLORIDA.Can anyone tell me wat is current processing time.




    485Mbe4001
    06-10 02:52 PM
    you bet you dont have to worry at all, after all your handle mentions that you will be in india in 6 odd months. Since it will take 3 months for you to pack, you might as well spend your time on the R2I forum. Do log back and tell us about the green grass on the other side when do go back. :mad:
    EB ignorance is bliss..good for you :p

    I am EB3...good news is the two-year EAD...a bit relieved.
    Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?

    Love to relax....or learn it now



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