Printable View
It shows what cases they are processing now....for TSC it moved one month a head for VSC it moved back from 4 months processing time to AUG 2011 applications..... so it means VSC processing time now is around 7 months..
Quote:
Originally Posted by bookworm
mygctracker,Quote:
Originally Posted by mygctracker
I'm not sure it can be said to be a USCIS mistake. Rather it is a result of the Cut Off Dates not retrogressing earlier.
Generally, USCIS appear to have processed cases in VB order. Along the way, they have generated a large number of RFEs, which they then have to wait for a response to.
In the meantime, USCIS have continued to process the applications and eventually started on the January VB filers.
With the Cut Off Dates still meaning everybody was Current, any Jan VB cases that were adjudicated and found approvable had to be approved. To do anything else would have been unlawful if the visa request was granted. Clearly, the VO are still giving out visas for these dates.
Had the COD retrogressed earlier, then those cases could not have been approved and would have started to increase the Demand Data totals.
I think it was very difficult for the Visa Office. USCIS don't have an enviable history for approving cases quickly. I was slightly surprised the Cut Off Dates did not retrogress somewhat in the April VB.
Now we are left with all of April with the COD still at May 2010.
The VO do have the option of stopping allocation of visas to EB2-IC, if they think there are no more numbers available.
I am aware that my conclusions are based on certain assumptions, which might be proved incorrect. I've tried to figure the numbers using different approaches and reached the same conclusion. I actually hope I am wrong.
Even so, a "spillover season" consisting of the first 6 months, rather than the last 3 months is still an improvement. In terms of building an inventory and allowing as many people as possible to file their I485, the VO have done a very good job, even if people don't appreciate that fact at the moment..
My take anyway.
It doesn't mean anything. By rule, one can be approved as long as one is current. So the USCIS is fully justified in approving cases that are current regardless of PD (looks like RD is the critical date more than PD). Retrogessing is a mechanism that CO is using to not only control usage of visa numbers but also to give GCs to the earliest PDs.Quote:
Originally Posted by mygctracker
I think people should be thankful that they got to apply for EAD rather than focus on missing out on GC.
Thanks for the link but I think the situation is slightly different.Quote:
Originally Posted by vizcard
However, if I-140 is cancelled as may happen with OP then I believe you cannot use it to file I-485 (since you need a valid I-140 to file I-485).
EDIT: My understanding is based on this news report from Murthy - http://www.murthy.com/mb_pdf/102111_P.html. I may not have understood it correctly. However, they do say it is safer to file PERM and I-140 if you change jobs (you do retain your I-140 PD).
EDIT2: This (http://www.murthy.com/mb_pdf/120911_P.html) news report says it is not possible to apply for I-485 but then AC21 was not invoked in this example.
I think it is safer to just file for PERM and new I140.
Thanks MesanQuote:
Originally Posted by mesan123
Spec,Quote:
Originally Posted by Spectator
Agree. One of my friend with PD 2010 got lucky and has been able to file AOS, he's lucky because his son is turning 21 next year. I'm sure there are many such cases, and hence CO has done a commendable job by finding some way thru this murky system.
Visa consumption may have reached CO's expected levels already, but I strongly doubt if he wants to make May bulletin effective in April itself. And anyways, what's the need. If thru April month, CIS requests for excessive visa numbers for approvable cases, then he might say 'Nay' and report them on DD. Isn't it?
On the other hand, CIS CSR's might have busy time with Jan filers calling in to open SR's though.
Thanks
Just curious: What does "LUD" mean?
Last Updated DateQuote:
Originally Posted by self.coach
http://immigrationroad.com/blog/pote...-against-eb1c/
petition against EB1 C???
Wow...where is all this leading to?
do you think Eb2 i/c going to gain anything out of this ???
Now that EB2IC is going to be retrogressed to August 2007 in next month or so, what happens to the folks (like me) who have received the fee notices from NVC? The fees are valid only for one year and there is no hope for my PD (June 2011) to be current in that time frame. I haven't paid the fees yet but just checking what my options are. Thanks!
This is what Ron posted on his forum. I haven't read the document but thought it may be of some help in understanding USCIS processing times so posting it here.
The following exchange comes from the USCIS Service Center Operations Directorate (SCOPS) and American Immigration Lawyers Association (AILA) Meeting, November 30, 2011:
3. Processing Times
AILA members continue to have a number of questions regarding actual versus posted processing times and the appropriate procedures to make inquiries with the National Customer Service Center (NCSC) if a case appears to be beyond processing times. Would SCOPS please advise respecting the relationship between current posted processing times and actual processing times since actual times in several categories (I-129 and I-824 for example) appear to be longer than posted times even when one accounts for the 45 day lag between gathering and posting the data.
USCIS Response: USCIS strives to complete cases on the “first in – first out” business practice. There are many cases that are completed out of sequence due to issues such as requests for further information from the applicant. The processing time calculation assumes the first in – first out method, therefore even though the calculations may indicate the Service is processing all cases within established processing time goals, there may be some cases that seem to be processed outside the time limit due to the fact that those cases have been put into active suspense. The processing time calculation is based on the volume of “active” pending cases as represented by the number of weeks or months of new application receipts recorded. Active pending cases are those cases that are available for processing, as opposed to active suspense cases that are waiting for applicants to accomplish a step in the process such as biometric appointments or providing evidence. USCIS currently calculates its processing times using active pending case volumes. An example of the process used to calculate processing times is as follows: if the active pending was at 200 cases for the reporting month, and for the past four months the receipts were exactly 50 cases each month, the processing time would be calculated as four months.
The processing times are calculated from final statistics compiled during the prior month. Based upon the methods currently used to collect performance data, USCIS requires 30 days to conduct quality control audits and to make corrections before final data can be published. Another 15 days is needed to post the processing times on the web. USCIS publishes its official statistics only after all data is reconciled. At the conclusion of each reporting month, performance statistics are sent to the Office of Performance and Quality (OPQ) in headquarters where the data is compiled and reconciled. Most often the OPQ, Performance Management team will complete the reconciliation by the end of the month. As an example, the reconciliation for the month of January 2011 was completed on the 28th day of February 2011. At that time, processing times are calculated and sent to the field offices for their review and acceptance or rebuttal. The offices are instructed to return their findings by the 8th day of the next month to enable OPQ to finalize the processing times and get them posted to the web page by the 15th day of the month - 45 days after the end of the actual performance month.
I Now that EB2IC is going to be retrogressed to August 2007 in next month or so, what happens to the folks (like me) who have received the fee notices from NVC? The fees are valid only for one year and there is no hope for my PD (June 2011) to be current in that time frame. I haven't paid the fees yet but just checking what my options are. Thanks!
I believe if you don't pay fees within a year than your notice will expire and they will probably issue you a new notice. Gurus, please correct me if I am wrong.
This topic was discussed already in this forum, could you please browse 5-6 pages back.
Quote:
Originally Posted by Jonty Rhodes
occasionally USCIS asks for tax returns if there is a large gap between RD and ApprovalQuote:
Originally Posted by veni001
did you guys see this data...
http://www.uscis.gov/USCIS/Resources...-2012-qtr1.pdf
Nishant and/or Spec had posted this previously. We can expect a similar number in Q2 as well.Quote:
Originally Posted by soggadu
Folks, Gurus,
Have you encountered this issue before? - there seems to be absolutely no movement / progress from NSC on FP appointments, EAD / AP Approvals for Feb filers. In your experience do you think CO's statement about "regression" has put the breaks on all good work being done or is this typical NSC work timeology?
I also thought I saw Q suggest that once you are eligible to apply for I-485 that your young'uns cannot be "aged out" of GC if there is a delay in processing - am I reading it right? For example son is 19 and we have applied for AOS. But in all probability we may still be hanging w/o GC in the next 2 years - but he is still elligible for GC because of when we applied?
Thank you for all your good work.
Hello Gurus,
I called L2 officer at USCIS today as I was becoming restless. Unfortunately nothing I got from the call. Now I started worrying if it is going to have any bad effect on my 485 processing. Will this effect my 485 processing?
Thanks
Just for calling about your own case? No. Relax, have a beer.Quote:
Originally Posted by gc2008
billikoot,Quote:
Originally Posted by billikoot
Yes, that is correct.
The filing of an I-485 for the child freezes the CSPA age to the age at date of receipt.
The CSPA Age is the actual age when the dates became Current minus the time it took for the I-140 to be approved.
If you're interested, this CSPA Memo is good reading. The section of interest is entitled "Adjustment Under a Preference Category".
The numbers from Q1 show only 4000 pending 485 applicaitons ---
4th Quarter Total
Receipts Approvals
I-485 Employment Adjustment 35,445 31,541
That involves all categories. And is this in line with what approvals we got and adding to that the application receipts in Q2, can that number give a projection on the final date resting by 2012 end..
Do these numbers also include dependents in Employment Category or just primaries. There is another form, Family Adjustments and does that include dependents or only family based GC applications?
Quote:
Originally Posted by soggadu
I think we have to add cases carried forward from previous FY.Quote:
Originally Posted by srimurthy
I haven't seen many approvals in the past couple of days. I just follow posts in this forum which is a very small sample space but still. Anyone else feeling this?
I searched on Trackitt - none of the filers in past three months and with Priority Date in 2009 have recieved the GC yet. All i485 approvals were for applicants with 2008 PD. Does this hint that they will give GCs to applicants with PD before Dec 2008 only, and retrogression would apply to 2009 and beyond. What say?
I think they are processing jan filers (PD 01JAN09), Its too early for Feb filers.
Quote:
Originally Posted by self.coach
vizz... i think the number in Q2 is going to be atleast 2 times more than 35445 mentioned in the document... remember there was only 10 months movement in first Q1 and 26 months movement in Q2...Quote:
Originally Posted by vizcard
True but the USCIS didn't become 2.5 times more efficient. Plus there's the 50-54% cap...assuming they were staying legal.Quote:
Originally Posted by soggadu
Edit: I'm talking approvals. I realize you were talking about receipts. We are on the same page now.
I was reading SSN instruction form today and it says:
"If you are not authorized to work in the US , we can issue you a SS card only if you need the number for a valid not-work reason. Your card will be marked to show you cannot work and if you do work, we will notify DHS."
Quote:
Originally Posted by vizcard
How would the SSA know?Quote:
Originally Posted by usernameisnotvalid
FYI....
I know this is not appropriate section to post this but for all my friends who are either approved or in the process of GC.
Last week USCIS official visited my friend office and asked the basic details of his employment, title and paystubs. My friend received his GC couple of months back.
On other surprising note, another friend applied 485 in the month of Jan, and his EAD is denied because his pay mentioned in the labor certification did not match with his current paycheck.
Not to discourage anyone but to share the info with all of you...
Friends,
Please check out the announcement about launch of a new service at http://www.qesehmk.org/forums/showth...5372#post25372
If there are any comments please make them on that thread in the interest of people who may not be interested in such tool.
Best Regards
Q
Q, COngratulations on the website....can you please reply my queries on that page.....
This is what happened to my brother - he applied AC21 after 180 days and changed employer and at the same time after some days he was told that his old employer revoked his I140. He got "notice of intent to denial" instead of RFE because his 140 was revoked, he replied the notice with his new job offer and new EV and he got his GC immediately. This happened this month only.Quote:
Originally Posted by GC-Utopic
So even if old employer revokes 140 after u apply AC21 that is fine.
So u don't need to restart GC.
npulasat,
Thanks for sharing. When you said his paycheck does not match with LCA, you are talking about paycheck less than LCA, right? Do you want was the exact reason on EAD?
Quote:
Originally Posted by npulasat
Interesting article on EB-5 and fraud prevalent therein.
http://www.bloomberg.com/news/2012-0...-failures.html
Again I found this on Ron Gotcher's site. http://www.immigration-information.c...9958#post69958
Quote:
The American Immigration Lawyers Association (AILA) just posted this practice advisory:
Practice Alert: Predictions on EB-2 Priority Date Movement in FY2012 for China-mainland Born and India
Cite as "AILA InfoNet Doc. No. 12032365 (posted Mar. 23, 2012)"
Quote:
Charlie Oppenheim, Chief, Immigrant Visa Control & Reporting in the State Department, provided AILA with further information on priority date movement in the EB-2 category for China-mainland born and India for the remainder of FY2012. When the May Visa Bulletin is published, the China and India EB-2 cut-off will retrogress to August 15, 2007. Demand is still increasing at a very high rate and must be checked to maintain numbers for natives of other countries. As for projections for the remainder of the year, it is too early to predict movement. USCIS has informed Mr. Oppenheim that they will continue to “preadjudicate” adjustment applications received through April. The “preadjudicated” cases will be held by the State Department in the “pending” demand file. That way, the cases will be ready in October, or earlier, if the current number use pattern changes, and they are needed at the end of this fiscal year to assure utilization of the full employment-based permanent resident visa allocation.
Thanks Spec - so next movement realistically in October then...
Thanks a lot for the update.
For the EAD or 485 do we require to submit W2 or recent pay stub?
When the movement starts again, how long will it take to surpass May 1 2010 again?Quote:
Originally Posted by vishnu