Cudnt agree more! It cud actually be 30K visas per category in EB!
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Cudnt agree more! It cud actually be 30K visas per category in EB!
somebody else already responded that you are good to go. I am not as current on latest things on AP ... but I don't see any reason why your AP is not valid. You should be able to enter without problems.Quote:
Originally Posted by march1612
I third that! There is no problem for existing AP holders as a matter of fact existing H1B holders as long as the visa stamp is valid.
Quote:
Originally Posted by Zenzone
Yes, I am stuck. :( Have valid renewed petition but expired visa stamp.
From the proclamation:Quote:
Originally Posted by march1612
Quote:
Sec. 3. Scope of Suspension and Limitation on Entry.
(a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
You must determine whether you fit the exceptions outlined in the proclamation. I encourage you to read it in full.Quote:
Sec. 7. Effective Date.
Except as provided in section 1 of this proclamation, this proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.
Spectator,Quote:
Originally Posted by Spectator
I have EAD and Advance Parole combo card valid from September 2019- September 2021.
Let me know if this meets the proclamation requirements?
I am willing to forget the entire spillover from FB. EB2 ROW demand will be very subdued next year giving EB2I a good horizontal spill over. Also, when you say USCIS will waste 30-40K visas in FY 21 because the agency wasted 25K visas this year due to lock down, you are expecting another lock down next year (?) No matter how many visas will be wasted next year, I am still thinking EB2I up to April 2010 is in the clear. If not, then FY 2022 will certainly take care of the currently pending inventory. So, the wait is no longer than 1-2 years now. And while we are waiting, enjoy monthly visa bulletins movement, some times two weeks, sometimes a month and you keep getting closer and closer! It's going to be fun! More restrictive Trump EO is actually a good news for people waiting for their green cards for a decade now.Quote:
Originally Posted by jimmys
The answer is no, bar congress amending the INA (as the HEROES House Bill seeks to do).Quote:
Originally Posted by karanjohar
The INA specifies that any unused EB visas in a FY are used in the calculation of the next FY allocation for FB.
This is spelt out in INA 201 (c) or US Code 8 U.S.C. 1151 (c)
Similarly, INA 201 (d) or US Code 8 U.S.C. 1151 (d) specifies that unused FB visas in a FY shall be added to the EB allocation in the following FY.Quote:
(c) Worldwide level of family-sponsored immigrants
(1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to-
(i) 480,000, minus
(ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus
(iii) the number (if any) computed under paragraph (3).
(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.
(3)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(b) of this title (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
Note: 1153(b) refers to INA 203(b) which is (b) Preference allocation for employment-based immigrants where the 28.6% and 7.1% limits for EB1 EB5 are laid out.
(4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 1182(d)(5) of this title in the second preceding fiscal year-
(A) who did not depart from the United States (without advance parole) within 365 days; and
(B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than subsection (b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section.
(5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1).
You can find the text here.Quote:
(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(b) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
A handy starting point is here.
I don't expect another lockdown. USCIS is reducing their workforce. With reduced workforce, I'm not sure they can service 200K EB cases expected for FY 21 with interview requirements. All the pending inventory will be cleared for EB2 India sooner rather than later. My question was how the new inventory is built (and when).Quote:
Originally Posted by vedu
You may find below useful:Quote:
Originally Posted by qesehmk
https://docs.google.com/document/d/1...UDYMKyAko8Np0c
Agree with this fascinating statement despite being seemingly simple. Every instance CO has pushed back on being aggressive on dates boils down to TWO things;Quote:
Originally Posted by jimmys
1) a visa availability problem and
2) internal workforce planning (adjudicate and provide final approval);
AND specifically in that order
Case in point, 2015 October visa bulletin, large scale movement was pushed back purely because you CANNOT ramp-up and train an entire workforce to adjudicate incoming demand for ONE specific type of demand (EB2/3-I) when that demand isn't sustainable. From CO standpoint, this is a workforce management problem as supported by visa number availability, hence predictability is THE ONLY thing he can rely on. So, if I need to plan for 20000 USCIS workers to adjudicate 50 odd categories of Green Cards (asylum, FB, EB 1,2....5) for 100s of countries with numerous documentation variations with minimal error rate, you are down to single digits per service center that will actually be able to do specific clearance.
And if I planned my workforce for EB India specifically, then demand at best is 1 month per bulletin on both Final and Filing dates (which by far has been the most predictable movement).
Peak volume processing is limited by workforce experience in EB -> EB2 -> EB2India. So doesn't matter the tailwinds you are still blocked by workforce problems. Hence, the only time you will see faster than a month per bulletin is demand in EB-> EB2 or 3 is lesser from other countries. It doesn't help if FB demand or even EB 1/4/5 demand is lesser than usual.
Then why he moved EB1 substantially in this bulletin.
So essentially there is push-pull for all parties involved, Us, USCIS and Admin. In our case, some of us are celebrating that Covid/EO is a spillover goldmine, but the Admin can also use the same excuse to waste those visas. On the USCIS side, they are hemorrhaging money and are not able to sustain the workforce because of reduced filings but would like the revenue for sure and not go to Congress begging for money. The Admin is pressuring USCIS to restrict processing and kill the excess visas but that could end up loss/furlough of more American jobs at USCIS. So it's a nice circular conundrum.
Maybe this is all wishful thinking, but in my opinion, our best bet is that USCIS gets it's funding. It's too unrealistic to expect that they will open the floodgates because they already have moved the dates to May 1, 2010 before so unless they move it to end of 2010 or something, it's not going to impact their funding shortfall. If they get their funding, then they can bring back their employees to full strength and start processing. With the incoming application levels falling off a cliff, they have got to be able to process at least the pre-adjudicated cases through April 2010 when it comes to EB2-I.
Is it true that significant percentage of EB3I are done by consular processing? I thought that was only true for EB3 Philippines.
It has only been this way for the last 1.5 years. Because EB3-I moved fast, a lot of Indians that had gone back to India with a valid PD are coming back.Quote:
Originally Posted by usvisas
As we move through the recession years (2009, 2010), you will likely have more consular processing.
Got it. Thanks rocketfast. Is there a way to see this data somewhere? I cannot seem to find that here https://travel.state.gov/content/tra...fice-2019.html
Quote:
Originally Posted by usvisas
Read from the second post in the below link (or the previous page). I did not want you to assume that I was pointing you to read the first post.
https://www.qesehmk.org/forums/showt...-Onwards/page3
Just a heads-up to all the pending I485 applicants who may be sending their applications to TSC (e.g., renewal of their EAD/AP). Double check the address from USCIS website before sending the applications (TSC). They are moving to a new address.
https://www.uscis.gov/news/alerts/te...ddress-june-26
Quote:
On June 26, the Texas Service Center will move to a new address. Although the move is scheduled for June 26, USCIS cannot accept mail at the new address until Monday, June 29. The new facility will help streamline processes by consolidating operations in the new location. The Texas Service Center will continue to provide prompt and efficient service in processing requests for immigration benefits. The updated address for the service center will be:
Texas Service Center
6046 N Belt Line Rd.
Irving, TX 75038-0001
Fuloughs at USCIS Coming more reason to not give numbers this year
https://www.cnn.com/2020/06/24/polit...ugh/index.html
Spec recently posted that spillovers from EB go to FB and FB to EB. Does this mean that there can never be any wastage anymore? And the extra numbers forever in circulation till they are used up? I am trying to understand whether the unused EB this year after going to FB can again come back to EB.Quote:
Originally Posted by bloddy1
Looking again at the guidance from CO ( https://www.shusterman.com/visa-bulletin-predictions/ ), a few statements stand out:
1) Given significant early number usage, the EB-3 and EB-4 categories are most likely among the various employment-based categories to reach their annual limits this fiscal year.
2) The good news is that there is currently a significant amount of pre-adjudicated demand in EB-1 China, EB-1 India, EB-2 China and EB-2 India that can reasonably be expected to be adjudicated despite the processing constraints. Many of these cases may only require renewed security checks to complete processing, and others may also require renewed medicals.
Given that 25K EB visas are expected to be unused, 2) should imply that EB2-I Final action date would reach May 1, 2010 by September 2020 bulletin and should clean out existing inventory. However, EB3-I also has pre-adjudicated demand. Eg. in October 2019, filing date for EB-3 was Feb 1, 2010. Does anyone know why is this demand not considered pre-adjudicated demand in the above statement ? Additionally, even though EB-3 numbers will be utilized, some numbers can be used from the 25K unused numbers. Therefore, shouldn't EB3-I reach Feb 1, 2010 as well by September 2020 bulletin ?
The reason is in #1 as you mentioned. Since EB3 category is expected to reach its annual limit, there's no horizontal spillover to EB-3 I. In case of EB-2 I, there's horizontal spillover expected(May get some vertical spillover too). So, in all EB-2 I will march ahead in the coming months. This is what CO answered in monthly check in. Maybe in FY 21, after EB-3 ROW becomes current, then EB-3 India will start moving.Quote:
Originally Posted by Immigo
Looks like 25K visas will be wasted between EB-5, EB-1, and EB-2 categories. It's up to USCIS/DoS to come up a plan to approve EB-3 I pending inventory. The probability for that to happen is very low.
My understanding is EB2-I is adjustment of status filing 485s already in US and they submitted the applications when dates moved to Apr'2010, where as EB3 I most cases may be CP cases so they have to be filed outside of India and the applications may not have been submitted yet.Quote:
Originally Posted by Immigo
Experts can correct my interpretation. But no matter what unless USCIS plans to request for a Visa number it doesn't matter if we have 25K spillover or 60K next year.
What happens when the current EB2&3I pre-adjudicated inventory until April 2010 does run out, especially since new interviews are not being conducted. Assuming a good chunk of spillover could be directly applied to pending inventory.Quote:
Originally Posted by srimurthy
When you say plan to request a visa number, are you pointing to ability of USCIS to process or other hurdles
A few points.Quote:
Originally Posted by rocketfast
The above has always been the case - it's nothing new.
With the exception of F2A (a recent phenomenon), all FB categories are severely retrogressed and should, in theory, use any extra visas that might be allocated.
The calculation for the FY allocation for FB is slightly more complicated than the EB one. In very simple terms, it says:
If we look at the rough calculation for FY2019, you will see why FB will always receive 226,000 regardless of how many unused EB visa there are.Quote:
The FB allocation is:
480,000
minus
The number of Immediate Relative approvals in the previous FY.
minus
The number of aliens who were paroled into the United States under section 1182(d)(5) of this title in the second preceding fiscal year (not that many).
plus
The number of unused EB visas in the previous FY.
There is a caveat that in no case may the total allocation be less than 226,000.
480,000 - 478,961 (FY2018 IR) = 1,039
Number of parolees is unknown,, but would only reduce the number.
So, around 225k of unused EB visas from the previous FY would have been needed just to bring the calculation up to the minimum of 226k.
In a real sense, only EB can benefit from wasted visas since the calculation for the FY EB allocation is simply:
Quote:
140,000
plus
The number of unused FB visas in the previous FY.
Then CO may move dates to get the new demand.Quote:
Originally Posted by bloddy1
Yes and the workforce capacity and ability to process as many as they can when the spillover availabilities are clear.Quote:
Originally Posted by bloddy1
Guys,Quote:
Originally Posted by idliman
Have couple questions:
1. What are the documents needed for EAD+AP Combo card renewal?
2. Can I file myself for renewal, or I need to file through the attorney?
I checked the fee calculator, it came out to be zero. If anybody has filed for renewal recently, can you suggest the process? I haven't received my response yet from my attorney. I need to apply once the 180 clock starts
You can easily apply by yourself. I did it 4 times so far. Checklist should be easily available with an internet search.Quote:
Originally Posted by IamGSN
Please find the instruction and forms at the website belowQuote:
Originally Posted by IamGSN
EAD : https://www.uscis.gov/i-765
AP : https://www.uscis.gov/i-131
i know lots of people who have done it on their own. Its pretty straight forward forms.
I had posted the sample cover letter and details on the EAD / AP forum. I also sent a PM. Sorry this forum does not allow word file attachments. So if you want word files, it has to be done outside.
https://www.qesehmk.org/forums/showt...ll=1#post64827
Yes you can apply by yourself and there is no cost for renewal. List is available online please cross check. But below list if it helps:
COVERING LETTER ON DOCUMENTS SUBMITTED
Name: <Your Name>
ALIEN #: A-#####
DOCUMENTS ATTACHED WITH FORM I-765
· Completed FORM I-765 for Employment Authorization
· 2 color photographs
· Copy of I-485 Receipt of filing - Pending employment-based Form I-485
· Copy of Previously approved EAD/AP mailer with barcodes
· Copy of previously approved EAD/AP Combo (front & back)
· Copy of ID pages in passport
· Form G1145 for E Notification
· Copy of latest I-94
Hello Guys, My I-485 case status changed to 'Card is being Produced'.
Should i not say 'Case Approved'? a bit confused.
Congrats and nope case approved is sometimes comes only for fleeting moments and then case status goes to Card is being produced. Enjoy your freedom on July 4th :party:Quote:
Originally Posted by aquatican
o good thank you! Freedom after 11 years . Better late than never.
Congratulations...Quote:
Originally Posted by aquatican
I am waiting...
12 years in GC line.
..8 years even to file I-485.
...missed by 2 months in 2012 to file I-485.
...False hope in 2015, with VB advanced to 2011 for EB2-I and rolled back.
....from there every year dates going backwards... :(
Hoping this year or next year atleast to file I-485.
PD: 25-Jun-2010
Congratulations aquatician! Great news.
Based on trackitt conversation (including aquatician's update), it looks like USCIS is continuing to work, process and approve cases. That is good news. Assuming that USCIS will be bailed out and will not need to furlough staff, we may end up utilizing good amount of the annual quota after all.
Quote:
Originally Posted by aquatican
calking1975 thank you!
i feel your pain man. i missed the 2012 window since i was restarting PERM.
In 2015 when VB filing date advanced and reversed i made it with margin of 2 days and filed I-485. That made life 10x more bearable with EAD and AC21 protection.
with ample spillover and suspension of processing i am quite optimistic that you will be able to file soon when filing dates advance.
From Murthy Law Firm on CO check-in:
Question About Fiscal Limit Not Being Reached
Last month, Mr. Oppenheim noted that the annual limit on employment-based green cards is unlikely to be reached this fiscal year. This prompted a follow-up question from the American Immigration Lawyers Association (AILA), asking why Mr. Oppenheim does not therefore accelerate the cutoff dates in the monthly visa bulletin to increase usage. Mr. Oppenheim responded as follows:
“That is exactly what I am doing, but I have to do so within reason based on processing capacity, and not strictly for the sake of movement with no reasonable expectation of actual number use. Processing capacity at both consular posts and USCIS [U.S. Citizenship and Immigration Services] is diminished due to the pandemic … The premise that dramatically advancing the Final Action Dates will result in full (or closer to full) number usage is flawed. The agencies’ (and State’s) [the USCIS’s (and DOS’s)] diminished processing capacity makes it unreasonable to expect that an even more accelerated advancement in the Final Action Dates would increase actual number usage this fiscal year. Additionally, such abrupt movements would likely result in corrective action in the form of retrogression, which should be avoided.”
This statement from CO is patently false. There is tens of thousands of people from EB-India who are simply waiting for a visa. No processing is needed. All they have to do is simply allocate the visa.Quote:
Originally Posted by abcx13
Can these cases be approved without advancing dates? What is he hinting at?Quote:
Originally Posted by qesehmk