Is USCIS required to process all spillover visas as per any law? If they process 140k EB based GCs (which they barely do even in normal times) wouldn't they claim their job is done as per law?
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Is USCIS required to process all spillover visas as per any law? If they process 140k EB based GCs (which they barely do even in normal times) wouldn't they claim their job is done as per law?
This is also a worthwhile read:Quote:
Originally Posted by LightAtEndOfTunnel
https://fas.org/sgp/crs/homesec/visagate.pdf
Just ask yourself 1 thing before getting in to the lawsuit. Will it be decided before September 30th 2021, because fiscal year ends then. Then ask, even if Siskind wins the case and the judge says to use all the visa numbers, will USCIS be able to adjudicate before September 30th 2021?
Lawyers gets their $2000 x 1000 (a guess) = $2000000, USCIS gets pissed at Indians. They filed a lawsuit earlier and we all know who was at the receiving end of USCIS's brunt.....
That is the beauty of having own opinions. If I realize it was wrong, I am not averse to correcting it.Quote:
Originally Posted by qesehmk
Ace - and everybody - this is very important. Please pay close attention:Quote:
Originally Posted by AceMan
The law has an upper limit on visa utilization. There is no lower limit on visa utilization. So USCIS can utilize ZERO and it is within its legal limits.
So any lawsuit that faults USCIS for not utilizing quota has no merit on legality of USCIS's underutilization. The lawsuit will have merit when it can demonstrate that USCIS's under performance resulted in material damages to somebody.
Posting again for feedback -
Hello everyone, I have a question regarding my GC process and looking to get feedback on the general approach from gurus on this forum
- I have a EB2 priority date from my previous employer of Oct 2011.
- I switched jobs in 2019, PERM process was initiated in 2019 and after COVID delays (recruitment process to be specific since offices were closed), the new PERM was submitted to DOL in Jan 2021.
- With latest PERM trends and I'm estimating to get PERM approval by July 2021 and file concurrently for I-140/485
My question, should I wait till Oct to file in EB2 ? (since USCIS is only accepting FADs) Or should i concurrently file in EB3 directly (FAD will be current) ? Does it even matter at this point if I file in EB2 or EB3 in Aug/Sept time frame? Looking forward for feedback.
If the USCIS actually does that with the plaintiffs, the people in USCIS who ordered that will at the least lose their jobs and may face federal charges. Judges take a very dim view of things like this, and lying in court briefings to a federal court is a big crime in itself. The lawyers can ask for discovery on records medicals and birth certificate right from when the dropbox(run by a USCIS contractor) scans the applications. No one in USCIS, especially an adjudicating officer cares that much to risk their job and going to jail by sending fake RFEs while under the microscope of a federal court case. They will try to drag it on and/or expedite only the plaintiffs' cases. We have seen this with the EAD lawsuits.Quote:
Originally Posted by android09
I believe there is no requirement to process any spillover, but there is an administrative requirement to process in a timely fashion, which seems to be defined as 18-24 months before lawyers advise filing mandamus writs. The weakest part of the case to me seems that the judge could say processing in 2 years is timely and it's too bad the spillover visas are lost. But I think the agency has to present an administrative record showing a good faith effort that they did try to process visas. I don't think USCIS can just say we only process 140k EB GCs/yr and that's it because there is congressional intent to preserve unusued FB visas (hence the spillover to EB and then the reverse spillover to FB, which unfortunately goes waste due to quirk).Quote:
Originally Posted by suninphx
Again, whatever number they process, they have to show a reasonable good faith effort I think. They can't just process zero and blame Covid. But yes, the judge might say it's too bad 120k spillover visas went waste if the agency tried their best.Quote:
Originally Posted by qesehmk
The tricky thing I think is you can't sue after the visas are wasted because there is no recapture process / remedy and you can't sue early in the year before they are wasted because there is nothing to remedy yet. So you sort of have to sue around now I am guessing ...
Folks ,
AOS/H4 EAD.
Filed I-485/I-765 on 10/30/2020 with TSC (PD 04/2012 in EB3.I-140 approved.) still waiting for EAD/fingerprinting.
My spouse needs work authorization for a new job.(Was on H1B before).
We tried to expedite EAD but USCIS denied it without requesting an evidence. Reached out to the local congresswoman and her office
made the inquiry with USCIS over a week ago. No response yet.
My H1B is up for renewal. I was under the impression that I can file H1 in premium with H4 petition and H4 EAD application and
USCIS processes it together in the PP time frame but I hear that policy changed sometime back and H4 applications much longer.
Question -
1. Is there another avenue we can explore to get AOS EAD expedited?
2. H4 EAD - Anyone had success getting H4 EAD processed in the PP time period recently. If we include the job offer(and any additional explanation) with the H1B/H4 application, any chance USCIS will consider it ?
Appreciate any suggestions.
The steps USCIS did in FY 21.Quote:
Originally Posted by abcx13
1. Removed the need for I944.
2. Requested public for suggestions to improve the process.
3. Removed H4/L2 biometric need.
4. Allowed applicants who got rejection notice after January, to refile even the dates were not current.
5. Simplified the 485 application.
6. The visa bulletin dates started releasing faster than previous timelines.
7. Most of the delay/incomplete forms resulted in November visa bulletin, releasing on the last day of October
When there is a sincere attempt from the Administration and USCIS to skip mandated AOS interviews, a frivolous lawsuit by this specific lawyer can result in USCIS reinstating the interviews as mandatory.
It is important to know your rights, it also important to know the other parties rights.
If you have some time read through https://en.wikipedia.org/wiki/Kazarian_v._USCIS
Lawyers claim the above lawsuit is a win for them as USCIS was forced to change the policy with tightening up of EB1A and B and still continuing.
Singh, I think your best bet is to request (and keep requesting) expedited processing of I485 EAD. H4 EADs still are taking a long time. If you look at threads on Trackitt quite a few people have had success getting 485 EAD expedited after making repeated attempts (3rd or 4th time). You have a genuine reason citing the impact on your spouse's job. That my opinion, others can chime in too.Quote:
Originally Posted by gsingh
I didn't know USCIS considers repeated expedite requests. Will try that. Thanks krnashvom8Quote:
Originally Posted by krnashvom8
Two questions this morning -
1) How do we find which officer is processing your case. I keep seeing people mentioning the officer id for tracking and estimating. Just curious.
2) Do all I-485 applications ultimately get adjudicated by a Field Office? For example, mine is with my FO and wanted to understand if that means there will be an interview? I have received my Medical RFE though.
Need clarity so can someone help here pls?
1) I have not received any RFEs yet. But from what I heard you will see the id at the bottom as part of the signature. He/She is officer working your case.Quote:
Originally Posted by Zenzone
2) Does you medical RFE give you two options aka i) mail it to a certain address or ii) to bring medicals to your interview? If the second option is not mentioned then chances are high that you will not be interviewed.
The officer ID is mentioned at the bottom of physical RFE letters and other communications. Example https://i.redd.it/9m6dajyj47m51.jpgQuote:
Originally Posted by Zenzone
I-485 applications may or may not go to a field office currently. Some are getting RFEs and approvals directly from NBC, others are getting them from field offices. RFE from field office does not mean that there will be an interview. Chances of no interview are higher if your medical RFE says to mail them them the medicals and does not give an option to bring them to the interview.
Thanks both for the clarification! My RFE doesn't have the officer ID in it (it has come from the local Field Office and not from NBC). Its also not in the letter format you had shared above as its the actual RFE. Also, there is no mention of bringing in medicals for an interview either. It simply states that I need to mail it in before the due date specified so hopefully no interview then. Fingers crossed!Quote:
Originally Posted by rsnake
I think you should be able to have all three applications go through your H1b PP. The biometric requirement for H4 has been removed - that was the only 'legal' reason why USCIS was separating the H4+H4-EAD application from the H1b. Please check with your attorney to confirm.Quote:
Originally Posted by gsingh
Once you file for H1 extension, and then file PP if the H1 gets approved faster, there is a possibility that in the next 15 days or so the H4 extension and H4-EAD can also get approved.Quote:
Originally Posted by SG2020
In my case it was the Director's id. I expect it would be one of his reports working on the case.Quote:
Originally Posted by rsnake
Yeah my close friend managed to get his ER approved on third attempt after getting shot down twice by live chat agents. He spoke to a person on USCIS phone line, used somber voice, described his story, managing house household on a single paycheck, paying mortgage, bills, sending two kids to day care etc. Nothing he spoke was untrue but sometimes you establish a personal connection if you speak 1:1 vs chat. He received EAD for his wife (not for him though) within 45 days of ER being opened.Quote:
Originally Posted by gsingh
Please read through our thread on Congressman / Senator process. It will take its own time. I had waited close to 4 weeks to get a response through that Channel each of the last two times. Two or three years ago, we would get reply from congressman in 1 or 2 days.Quote:
Originally Posted by gsingh
Also the situation with EAD/AP's is not so good. Many from Oct 2020 AOS are still waiting. I was talking to a person in my office and was discussing about some ROW folks whose EADs have not been approved for 6 months or so. So they are also after Congressman route. The famous quote of today was One person who never had a backlog asking why should I do it and why can't the company/attorney do it to expedite? All the timings / normal processing times are being stretched across the board for all applications.
I would think that most of the 2012 folks should clear (approvals) this year. The wait times in field offices are 12+ months and sometimes 18+ or 20+ months. Any good percentage of approvals for Oct 2020 filers is a real bonus as of now. Still a lot of applicants who filed 12+ months before are still waiting (ROW or Non-ROW).
So all I can tell you is put in whatever effort it takes to get your case approved or expedited. You have a genuine job loss type reason. You know all the tools that you can use for this process. The success may depend on the AO dealing your case or the agent who picksup your call on a particular day. Bear all of this in mind and don't get frustrated in this process. Good Luck.
The removal of the H4/L2 biometrics was in response to a lawsuit from what I understand.Quote:
Originally Posted by AceMan
In other news, I saw Reddy Neumann has filed a FOIA request for I485 inventory data. I am a bit surprised David Bier or someone else hasn't already done this.
H4/l2 biometric requirement is suspended and not removed. I misspoke earlier.Quote:
Originally Posted by abcx13
The image you see on my profile is the 140 data posted by David from early 2020.
For me its just the Director's name and hence my question about the officer id above.Quote:
Originally Posted by AceMan
Btw, where do you guys see this? I think this is true based on the Greencardly sample data but just curious if there is any other way to confirm that they are waiving interviews. I guess just anecdotally that lots of GCs being issued here without an interview?Quote:
Originally Posted by AceMan
Greg and his team of lawyers is out there to screw us again like he did in 2015........after the 2015 fiasco the filing date concept was introduced and for next 5 years there was no movement in EB2-I.....with this new lawsuit USCIS is going to stall approving 485 by reinstating interviews or by any other means......Quote:
Originally Posted by AceMan
Hey @Ace, where do I see high-res image of your avatar. All I see is a thumb-nail.Quote:
Originally Posted by AceMan
It is really interesting to see 6 years back USCIS advanced the dates to July 2011 and pulled it back by 2 years. The timing of the new lawsuit matches when the filing dates moved past July 2011. What a coincidence !!!Quote:
Originally Posted by iamdeb
Does anyone have any thoughts on this Greencardly scraped data which shows a daily avg of 1800 GCs mailed? That means 657k GCs for the whole year. I'm not sure how many of those would be FB, parents and kids of USC, other asylum cases, etc.
Agree 100% as long as it's a genuine case which can justified if additional details are requested. I was able to expedite my AOS EAD via calling USCIS and explaining why I needed it (financial loss). Sent the proof as well.Quote:
Originally Posted by LightAtEndOfTunnel
They did approve my i-765 for 2 years yesterday and status shows 'Card is being being produced'
Quote:
Originally Posted by GCkaLADDU
How Did you know that it is approved for 2 years ?? Is it Initial EAD or extension??
Its initial EAD.
USCIS online account has a tab for documents related to your case and I see that they had uploaded the approval notice. It had the validity period details.
JULY Priority dates released: Final Action Dates
EB2 : 01JUN11
EB3: 01JAN13
July visa bulletin is available
https://travel.state.gov/content/tra...july-2021.html
Looks like I was right about it being 1st Jun 2011 and not July. Looks like Murthy.com made a mistake.Quote:
Originally Posted by mesan123
I created an account and I only see status updates. Where did you create the account where they upload notices etc?Quote:
Originally Posted by GCkaLADDU
EB2-I FAD moving by 6 months in one month is historic given the 1 or 2 days movement just 1 year ago. I don't think anyone could have anticipated it. Congrats to everyone who will become current in July. Now let us hope the USCIS doesn't waste too many visas..Quote:
Originally Posted by MeraNumber09
Filing dates have also been advanced for EB2 and EB3, not sure if USCIS will honor them.
EB2 - 01DEC11
EB3 - 01FEB14
I have this question too. There seem to be two different systems in USCIS, MyUSCIS where your login id is your email, and also a different one at https://egov.uscis.gov/casestatus/displayLogon.do which takes a username. However I am not able to sign up for the second one, it takes me to the signup for the first one which I already did.Quote:
Originally Posted by Turbulent_Dragonfly
Help needed !
I presume I will be able to file 485 this October. Should I work with the employer now and get the 485-J supplement and keep it ready or is it too early at this point in time ? Is there some requirement that the date the employer signs the form should not be too far off from the date the 485 is submitted to USCIS ?