If Title is same as the labor title or same SOC code it should not matter. However if it does not match, you will have to provide job description to prove that your job is "same or similar" as per AC21.
The evl format in the link below should be a good one.
http://forums.immigration.com/thread...letter.210023/
thanks gcq
axecapone,
To answer your question, I noticed fairly early on that Permchecker.com was showing the Country of Birth in their data. OFLC was publishing Country of Citizenship.
When the OFLC Quarterly Data Disclosure was published, I always reconciled and combined the two data sources and was left with both Birth and Citizenship data for all Certified cases. It's then a trivial exercise to look at the number of cases where Bith and Citizenship Countries are different.
At various times, I have had to go through over a 1,000 9089 when there was a data gap. Usually this was caused when the DOL LCR didn't update for several days and Permchecker.com did not update their data after the LCR was finally updated.
Hopefully, OFLC will continue to publish the data required quarterly and I will not have to do that again.
Without an irritant, there can be no pearl.
All,
I have an EB2 priority date of 1st May 2009 and just got a text and email stating that an RFE has been issued on my 485 application. Does this mean that the date might actually move that far from 1st Oct 2008? Maybe there is still hope for the people in early 2009.
Although I will know in a couple of days what the story is but I expect either something for medical or EVL; medical would be a non issue but the odds are low as my wifes application didnt get one. On the EVL part, I am self employed right now through my own LLC. Is there anyone else who has been through an RFE in a similar circumstance? Any information would be helpful.
Thanks
I would not put too much thought in to it, the officer who has your file has no indication where the dates will be next month. It just means he reviewed your file and need additional information to process it. My dates are in April 2009 and replied a RFE in the past. The status went back to
On April XX, 2015, we received your response to our Request for Evidence for your Form I-485, Application to Register Permanent Residence or to Adjust Status, Receipt Number LIN149... Our Nebraska Service Center office will begin working on your case again. We will mail you a decision or notify you if we need something from you. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.
geterdone,
Will have to check the RD for 485 but if I remember correctly it was within the month that the date became current. Will post an update later in the day after looking at the receipt notice.
Just out of curiosity, what difference does it make?
cursedguy,
Did you receive the RFE sometime around March? and what was it for if I may ask?
Thanks
Yes in March, It was for clear and color copies of passport.
YT,
You still betting big on the processing times, to get 12K SO to EB2I in FY15?
Is it not the EB3 ROW has already realized drop in demand and rising demand towards the end of FY15 and leaving few EB3 spills in FY15 than expected.
Could it leading to sufficient EB3ROW demand and less EB2ROW demand by the end of FY16 itself?
I-485 inventory has country wide classifications now. Looks like USCIS updated it.
http://www.uscis.gov/sites/default/f...04-01-2015.pdf
Hi All,
Looks like there is an Update of Legal Immigration System Modernization from WhiteHouse.
I quickly looked into it.. nothing great for EB category in short terms..
maybe helpful for next generations folks.. not for some of us you are stuck in EB2/EB3 India.
https://www.whitehouse.gov/sites/def...on_report1.pdf
Regards
Tatikonda
Recommendations in the pdf.
Recommendation 1: Update the monthly Visa Bulletin. Later this year, State, in consultation
with DHS, will revise the monthly Visa Bulletin to better estimate immigrant visa availability for
prospective applicants, providing needed predictability to nonimmigrant workers seeking
permanent residency. The revisions will help ensure that the maximum number of available visas
is issued every year, while also minimizing the potential for visa retrogression.26 These changes
will further allow more individuals seeking LPR status to work, change jobs, and accept
promotions. By increasing efficiency in visa issuance, individuals and their families who are
already on the path to becoming LPRs will have increased security that they can stay in the United
States, set down roots, and more confidently seek out opportunities to build lives in our country.
Recommendation 2: Refine monthly allocation of visas. State will increase monthly visa
allocation totals during the first three quarters of the fiscal year to the degree permitted by law
in order to ensure that fewer numbers are left for the final quarter, thereby ensuring that visa
numbers issued are as closely aligned with statutory mandates as possible.
Recommendation 3: Improve numerically controlled immigrant visa appointments. State’s
National Visa Center will alter how numerically controlled immigrant visa appointments are
scheduled for the last month of the fiscal year (September) to provide sufficient time to evaluate
whether there may be potentially unused numbers. This change will allow for the scheduling of
additional cases when necessary in order to maximize the numbers of visas used, consistent with
the annual limits.
Recommendation 4: Clarify and expand protections for employment-based immigrants and
nonimmigrants. DHS intends to publish a regulation clarifying and expanding on the protections
afforded employment-based immigrants and nonimmigrants under the American
Competitiveness in the Twenty-First Century Act of 2000 (“AC-21”), which was meant to increase
job flexibility for individuals who were coming to the United States to perform specialty
occupation services (H-1B) and those on the pathway to permanent residency. This regulation
will:
• Increase the ability of workers waiting for a green card to change jobs or receive
promotions by clarifying when individuals may change jobs or employers because such
employment is “same or similar” to the job that was the original basis for permanent
residency;
• Further increase job flexibility by enabling individuals whose employment-sponsored
immigrant visa petitions have been approved for more than one year to retain eligibility
for LPR status despite the petitioning employer closing its business or seeking to withdraw
the approved petition;
• Provide increased guidance on job flexibility provisions for H-1B workers seeking other H-
1B employment, including changing jobs or employers;
• Extend grace periods for certain nonimmigrant workers whose period of authorized stay
has expired, including because their jobs have been terminated, to better allow them to
obtain other employment without losing their nonimmigrant status;
• Clarify when H-1B nonimmigrants may begin working without required licensure;
• Provide increased guidance on the maximum period of admission for H-1B
nonimmigrants, including for those who are on the path to LPR status, and enable H-1B
nonimmigrants to recapture time spent outside of the United States;
• Clarify which H-1B nonimmigrants are exempt from the statutory cap to ensure that those
nonimmigrants who are contributing to U.S. research and the education of Americans
may remain in the United States; and
• Protect H-1B nonimmigrants who suffered retaliatory actions because they reported
labor violations committed by their employer.
Yes, I read them but none of them are great reforms for those who stuck in the process. except for portability.
- No recapture of visas.
- Not counting Dependents
- Country quota
- Increase visa numbers
where some of the expectations but none are there. ( they may not fall under category of "Rules" these may require action from congress men"
Actually the I140 Portability reform is pretty darn awesome.
The problem with this report is there is NO Timeframe as to when this will happen ( If AT ALL it will happen).
Since November 2014 the only thing which has really happened is H4 EAD ( Which was in motion for months before the November 2014 announcement).
If i hadnt been let down repeatedly by guvment and reports I would say 'I am keeping my fingers crossed'.
We have moved from a 4 year turnaround time for EB2I to more than 6 years now. And I guess in a couple of years EB1 India folks will also start having a similar impact with increasing timelines.
Employment based is purely skill set requirement, so unless we take out country limits for Employment based and get everyone on the same page, and every country pushing for the reforms we won't see much happening. With a Sep/10 PD, and no EAD and not seeing it happening it in 2016 just resigned to fate. Meanwhile the H4EAD atleast has helped providing an avenue for relief instead of running around consulting companies on both spouses.
Courtesy of Ron Gotcher - Link
There are the actual AILA words, rather than Oh Law Firm's interpretation.EB-3 Update and Significant Retrogression in EB-3 China.
In August, EB-3 China will retrogress seven years to June 1, 2004. It initially appeared that there would be unused [China] family-sponsored numbers available in this category, allowing for advances in the cut-off date earlier in the year. But, demand in family-sponsored China has changed drastically, making the availability of additional numbers very unlikely. Another reason for the retrogression is that the advancement of the cut-off date for EB-3 China earlier in the fiscal year generated significant demand within the allowable annual limit. The good news is that this category will likely recover at the start of the new fiscal year, moving back to a 2010 or possibly 2011 cut-off date in October. EB-3 Other Workers will also retrogress two years to January 1, 2004.
EB-3 China, EB-3 India and EB-3 Philippines.
All have the potential to move forward a few months in September, depending on demand for EB-3 Worldwide through early August.
EB-3 Worldwide and EB-3 Mexico.
Charlie predicts EB-3 Worldwide and EB-3 Mexico will continue to advance in September but may hold steady starting in October for a month or two to see if significant demand from the recent advancement of the cut-off date materializes.
EB-2 India and China.
EB-2 India remained unchanged this month as predicted. There is sufficient demand in this category based on the current cut-off date and this date is likely to hold until at least October. Movement would only be possible if there were a significant decline in EB-1 and EB-2 demand from all other countries prior to the determination of the September cut-off dates. This situation is being monitored very closely. EB-2 China moved forward by 2 1/2 months to December 15, 2003. Based on current demand, this date is likely to either move slightly or remain the same for September.
F2-A Worldwide.
This category is moving very rapidly and is likely to continue to move rapidly due to a severe lack of demand. This will continue until demand materializes.
Without an irritant, there can be no pearl.
Thank you Spec,
Finally he admitted the SO from EB3ROW
The number of pending EB3ROW applicant is quite low ''11375" (if we trust it)
I think EB3ROW will remain current as long as the current perm trend continue, next year will be interesting for EB3I :-)
Based on country data in addendum in the latest USCIS 485 Inventory, what are the estimates for EB3I?
Spec, you still sticking to your earlier dates?
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