Guru's does this accelerated pace mean that wastage is going to less than predicted ?
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Guru's does this accelerated pace mean that wastage is going to less than predicted ?
https://hilites.today/uscis_cases/dashboard
I actually sent it out in separate envelopes as the RFE letters came from the FO separately. But someone had mentioned that if you were going to send them in the same envelope, then keep 2 smaller envelopes (one for each of you) inside the Fedex envelope and send it out. I did not put any cover letter, just the copy of the RFE and sealed medicals envelope.
I think the person, has program to check the status of FY21 receipt numbers for LIN,MSC and SRC and parse the response to bucket them into different case types and statuses.
Yes, the approval of I-485 has increased in July.. but not sure how may of them are EB.
USCIS tend to approve more(disproportionate) FB than EB in any given month .
Lurking for a long time but registered today to ask a question. My PD is 04/12/2011 in EB2 and I had originally filed my I485 in Oct 2020 (RD Oct 26 & ND Nov 14). Completed my biometrics on Jan 05 2021 but my filing was rejected after that saying insufficient funds in payment source (it appears they had never cashed our checks till then). My PD again became current in FAD category in the July VB and I filed a separate application for which I have received a receipt (RD July 12 2021) and also a notice indicating that they will reuse biometrics. My question has to do with my original rejected filing from Oct 2020. USCIS has recently released guidance stating that filings rejected like this can be resubmitted and they will consider them as having been received on the date they were originally received at the lockbox (Oct 26 2020 in my case) (Lockbox Delays section here https://www.uscis.gov/about-us/uscis...SCIS%20lockbox.) . So would it be worth it to resubmit my original application too with the hope of it getting processed quicker ? (Mainly because I would have to pay the fees for this submission myself since my company wont pay for applying again). Are these applications processed strictly by RD ?
Thanks Q. Makes sense. As requested by Andhraguy few more details: My application was filed earlier this month (PD 04/21/2011, EB2) and the packet went to Phoenix lockbox not sure which service center it will land at (mostly Nebraska?). I was outside US for a while and justed came back to US, hence the delay. My attorney recommended to send all required docs and told me that we can avoid RFE. So, hoping for the best but I know Oct filer are still waiting. Lets see how things play out.
No my friend, I did not follow any of that as I am only focused on my process.
I have opened up a service request for RFE response and no action for 60 days. Now I need to wait another 15-30 days to see if they respond to my service request before I look at idlimans immigration manual for the next steps.
Idliman,
Thanks for providing useful inputs on this.
I have a deadline of Oct-21-2021 to respond to Medical RFE. I am planning to file I-485J through the new employer's attorney around Aug-15th. As suggested by you, I would work with the attorney to include I-693 RFE response along with the I-485 Supp J filing.
If both of these documents are filed simultaneously, will I still be getting I-485 Supp J related RFE? Assuming SOC code and job duties are more or less the same?
An I-485 Supp J can be used for
1a. Confirmation of Bona Fide Job Offer or
1b. Request for Job Portability Under INA Section 204(j).
When you are sending the I-485 Supp J with option 1b, you are invoking AC21 job portability after your I-485 has been waiting for 180+ days. So as long as "same or similar classifcation" is met (which is liberally interpreted by USCIS), you will get your GC. It is better to send it along with an RFE response as USCIS has a way of filing and tracking it in theor system. You just need one job offer for a GC. So you will not be getting another I-485 Supp J RFE.
hello friends... i searched and could not find.....there was a link few days ago published here where we can send expedite request for EAD/AP. If someone has handy, can you please help post it again or PM me?
Regards,
Satya
Hello skpanda,
You can expedite by initiating a chat with Emma and providing justification for below criteria (from Emma):
USCIS: Considers all expedite requests on a case-by-case basis. Requires documentation to support the approval of an expedite request (the burden of providing that you meet the criteria rests on you) We may consider evidence that is already contained in your application or petition, and may not require additional evidence from you. We may deny your request based solely off of the information you provide over the phone and/or evidence in your application or petition, and might not follow up to request additional evidence. Has the sole discretion to decide whether to grant or deny a request. Does not consider expedite requests for applications or petitions that have Premium Processing Service available. You can make a request to expedite your case if you can demonstrate that your situation falls into one of the following categories: Severe financial loss to company or person, provided that the need for urgent action is not the result of the petitioner's or applicant's failure to: (Note: Form I-129, Petition for Nonimmigrant Worker, H-2A beneficiaries pending more than 15 days fall under this category) File the benefit request or the expedite request in a reasonable time frame, or Respond to any requests for additional evidence in a reasonably timely manner. Emergencies and urgent humanitarian reasons (Note: Filipino WWII Veterans Program (FWVP) beneficiaries fall under this category); Nonprofit organization (as designated by the Internal Revenue Service (IRS)) whose request is in furtherance of the cultural and social interests of the United States; Compelling U.S. government interests (such as urgent cases for the Department of Defense or DHS, or other public safety or national security interests) (Note: This type of request must come from official U.S. government entity and state that delay will be detrimental to the U.S. government); or Clear USCIS error.
Hi,
My friend going through crisis. Need your inputs on this. Please find her details below.
H1B Applied by Company A: 2011
H1b Transferred to Company B: 2013
She did two H1b Extensions with Company B and for third extension she received NOID. This NOID was issued because Employer A filed her petition as in-house project. However she worked on client project. My friend didn't know about all these until she received this NOID response.
Luckily she could able to file I485 through Employer B in Oct 2021 and received EAD/AP. She is thinking to move to EAD/AP by withdrawing her H1B extension.
Question : Whatever her old employer did the fraud and H1b impact does effect I-485? She is really worried as she has a daughter going to college and she will be aged out in another 3 years. She is not aware of what her first employer did with her H1 b extension in spite of proving the client contract. He filed her petition as in-house project. Please provide inputs.
This (https://www.washingtonpost.com/opini...ation-history/) was published in WaPo on 7/28; maybe it pushed some red button somewhere.
Don?t be fooled by this! David Bier has been writing articles like these for years. They are good to read as he does a lot of research and is one of my favorite immigration commentators but that?s all he is, a commentator who has no influence on policy decisions unfortunately. We need such people in advisory roles inside the admin to bring about change and counter people like Miller.
Prediction!!!!
Does anyone here got some idea about renewed speed in GC processing ?
Since Charlie predicted 100k wastage in his Aug Bulletin talk, so I am assuMing third quarter processing was slow too. But looking at recent approvals in friend circle and talks about mass rfe, I am hoping against hope that wastage isn't in the 100k range.
My PD is mid 2015, EB2 I, hoping faintly that my date gets current in next year or year after.
To not waste 100K+ visas, USCIS would have to at a minimum triple it's processing rate for the last two Q's. That's triple its processing rate every month for 6 months. Highly unlikely and impractical IMO-- And I would say the same for EB2 to reach 2015/2016. EB3 maybe?
On a brighter note, I still feel like some sort of beneficial immigration reform law will make it through in the near future (within this Presidential term) which could reduce the backlogs substantially. So yes 2015/2016 dates could be attained by law changes if not by spillover.
Covid is the X factor unfortunately. A lot will depend on how soon the world as a whole deals with it moving forward. If variants keep coming up leading to continuing closures or diminished processing of consulates AND USCIS ramps up processing stateside, it may help.
I have always been and continue to be super pessimistic about any legislative fixes. Democrats are going to lose the House in 2022 and that will be the end of any immigration reform by legislation. I know they have been trying to finagle Immigration Reform as part of budget reconciliation but it may prove to be too toxic so we will have to wait to see what happens on that.
It's hard to see things shutting down similar to levels during the pre-vaccine era unless of course the virus mutates significantly, which is possible. The consulates have been mostly at full tilt since the vaccinations were complete with the family-based visas as first preference, so can't envision significant spillover continuing.
Yeah not a great track record on immigration legislative fixes, to put it mildly, in the last couple decades. But irrespective of who's controls congress, I do feel that the backlog issue is close to reaching critical mass and having enough attention now --and should increase with every year the backlog grows-- that a solution in congress will come to fruition. In the past (2013) it was relatively a new issue and just didn't have enough attention or awareness from people in congress.
Obama was hated so much by republicans they didn't want the first black president to get credit for anything. Passing legislation is all about perception and money. Corporations will generally get what they want. They can easily control the narration. Why would they want to clear the backlogs? They love this voluntary indentured servitude, where an employee is legally allowed to quit anytime but probably wont. USCIS too will not want to kill the cash cow they have been milking in past 15 years. I still don't believe that people really feel the pain of legal immigrants stuck in backlog. Most of us get paid good money and that's the perception of the American citizens; or they are completely unaware of the backlog. I feel that we are still not united and don't have a proper game plan. It's kinda similar to Indian independence movement. Lot of freedom fighters with same goal but different viewpoints and paths. The backlogs were in attention at least sine 2007 when G. W. Bush tried to pass a legislation in lame duck session. It doesn't matter how big the backlog is until we bring genuine stories about how backlog stops us from living the true American dream to the media.
I am cautiously optimist that Biden will be able to get Republicans on board to pass some sensible immigration reform. He has been around for a long time and has good relations with many republicans. Only time will tell if it will happen.
September Visa Bulletin is out
Final action dates
EB2- 01-Sep -2011
EB3- 01-Jan -2014
Filing dates
EB2 - 01-Dec -2011
EB3 - 01-Mar -2014
Howdy Experts,
My Priority-Date from ex-employer is current in the Sept-2021 bulletin FAD and I can safely presume that USCIS will honor the same for September-2021. I am awaiting for my PERM with the current employer filed in March-2021 and awaiting for its outcome. Assuming I get that PERM outcome in the very soon, can you please clarify my queries as follows to prepare for my filing?
1. I have got to know from my peers that my attorney is submitting the I-485 application (which already has an approved I-140) to National-Benefits-Center (MSC). Would it be the same Service-Center (National Benefits Center - MSC) for concurrent filing (I-140 with PP & I-485) as well? Please note that the application for I-140 with PP filed in this case is a direct filing and hence not a downgrade.
2. I could see in the forums, people mentioning that the processing speed of I-485 is far better if the I-140 is already approved even though the I-140 application is a straight filing (NOT for a downgrade), for the reason that the I-485 application reaches NSC which processes applications faster than the other SCs - is that a right statement?
3. I understand that it's wise to submit all the forms (I-485, EAD & AP, Birth-Certificates, Medicals) at the time of I-485 filing itself. If that is right, can you please confirm/correct the following list of forms for the same?
a. I-485 (and I-140 PP, if concurrent)
b. EAD & AP
c. Birth-Certificates
d. Affidavits (Using Affidavits b'coz the information (like our last-name is prefixed to our first name as initial) in BCs of mine and my spouse are inconsistent of what is in our Passports)
e. Medicals (I believe this is something I or attorney does NOT send and it is sent by the Civil-Surgeon to USCIS)
Thank you!
EB2-I PD: 23-AUG-2011 (From Previous-Employer)
PERM Filed By Current Employer - 19-MAR-2021 (Awaiting Outcome)
PD Current Per Sept-2021 VB FAD