EB2-3 Predictions (Rather Calculations) 2015-2020

[YTeleven]

I see its more of streamlined and saves CO from any lawsuits in future and he can use his age old "qualifying dates" to determine who are qualified for getting ready with their documents for submitting to NVC.
Now USCIS needs to publish their own VB(www.uscis.gov/visabulletininfo) as how all consular posts abroad publish their own VBs based on CO's VB.
Yes. USCIS might use CO's qualifying dates as acceptance dates or any date which is lesser than CO's acceptance dates and greater than or equal to CO's final action dates, definitely NOT greater than CO's Acceptance dates.
Also, see this: http://www.qesehmk.org/forums/showth...6612#post56612

[qesehmk]

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

[gcq]

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

Why would USCIS accept a 2007 like situation whereas it need not accept the current situation ?

[smuggymba]

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

Janet Napolitano/Rand Beers are part of DHS and were appointed by POTUS. The USCIS director was confirmed by the senate....doesn't USCIS that fall under POTUS's ambit?

Why is USCIS going over board to undermine Obama?

[qesehmk]

Why would USCIS accept a 2007 like situation whereas it need not accept the current situation ?

Because then USCIS wouldn't have a choice. Setting final action date is DoS' prerogative (I don't know the basis for it - but apparently it is).

So USCIS would be forced to accept applications whether they like it or not.

[qesehmk]

Why is USCIS going over board to undermine Obama?

That's what I am puzzled about. And makes me wonder if they really are .....??

[smuggymba]

That's what I am puzzled about. And makes me wonder if they really are .....??

Obama administration went above and beyond their capacity to help us legal immigrants with all the EO's. See all the flak he got for it.

Now, why is USCIS going completely against him is puzzling. Also, I don't think we will have a republican president any time soon, so it's not like USCIS is just waiting out Obama's last year.

[Spectator]

Here are my 2 cents..

I think DoS overreached its mandate in publishing Application dates vs Final Action dates. Accepting a 485 application or not was USCIS' prerogative. So they are not going to let that go. DoS if it was really so pro immigrants should've repeated Jul 2007 again! USCIS couldn't have challenged that.

What baffles me is that USCIS and DoS both fall under the same administration and yet one is so defiant on the executive order. Can't fathom how can they get away with this!

Q,

I agree that the Filing Dates published in the original October VB for use by CP applicants was an overreach to be used for AOS filings. I further agree that it is USCIS decision whether to accept them or not for use by AOS applicants.

I'm not sure whether CO hoped to get one over on USCIS and give a last hurrah to EB2-I, or whether it was his sheer laziness in never retrogressing the internal dates, even when they had not been reflecting the situation since 2012.

Either way it doesn't matter, USCIS should not have accepted the filing dates for AOS. Instead, they should have said that they couldn't use the October Dates and please correct them to ones we can use in the November VB.

However, the original October VB makes it clear that the Filing Dates are for NVC and USCIS have to agree if they can be used for AOS applicants. DOS are not forcing the acceptance of the Filing Dates by USCIS (although admittedly the only alternative is to use the Final Action Dates instead).

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process.
Applicants for immigrant visas who have a priority date earlier than the cutoff date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions.

and

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

The original October VB also makes it clear that USCIS had agreed that the Filing Date Chart could be used by AOS applicants.

Under the B. DATES FOR FILING OF EMPLOYMENT BASED VISA APPLICATIONS it clearly states:

USCIS has determined that this chart may be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS. Applicants for adjustment of status may visit www.USCIS.gov/visabulletininfo for additional information.

As to your last point, blood is thicker than water. USCIS (previously INS) and now part of DHS has been at war over the allocation of visas since the system was set up. Both the INS and DOS believed they should be in charge of the visa allocation process. Congress decided DOS should be so and the other side has never forgiven that decision. The now USCIS has made it their mission in life to make the DOS job as difficult as possible. The culmination was the events of July 2007, which probably didn't help matters. What's happening now is just another small chapter in the sorry saga. Both sides are culpable, but USCIS the greater offenders and is an organization that is not fit for purpose. The last thing DOS will allow is for USCIS to get greater power over the visa allocation process (thankfully). That's why there is no wiggle room for USCIS to set their own Filing Dates for AOS.

[qesehmk]

As to your last point, blood is thicker than water. USCIS (previously INS) and now part of DHS has been at war over the allocation of visas since the system was set up. Both the INS and DOS believed they should be in charge of the visa allocation process. Congress decided DOS should be so and the other side has never forgiven that decision. The now USCIS has made it their mission in life to make the DOS job as difficult as possible. The culmination was the events of July 2007, which probably didn't help matters. What's happening now is just another small chapter in the sorry saga. Both sides are culpable, but USCIS the greater offenders and is an organization that is not fit for purpose. The last thing DOS will allow is for USCIS to get greater power over the visa allocation process (thankfully). That's why there is no wiggle room for USCIS to set their own Filing Dates for AOS.

Well said Spec. Thanks. This also is a sad commentary on how unimportant the plight of backlogged candidates is. People who believe in advocacy and all should read this and they may understand that there are bigger things at play here and advocacy to work we must understand history and motivations of the other side.

[gcq]

For a glimpse of USCIS's anti-immigrant stance, please read this link. USCIS union had opposed CIR since it won't let them harass immigrants. No wonder H1B applicants has to undergo suffering under USCIS. CBP is not free of these anti-immigrant officers either. Remember the time many H1B candidates were sent back from EWR airport.

http://www.cafeconlecherepublicans.c...rm-is-unclear/

[gcq]

Because then USCIS wouldn't have a choice. Setting final action date is DoS' prerogative (I don't know the basis for it - but apparently it is).

So USCIS would be forced to accept applications whether they like it or not.

Visas are used by DOS as well as USICS. So one of the agencies had to control visa flow. DOS was the better agency IMO as it has consulates all across the world. So administration decided, let DOS do it. As for acceptance date USCIS didn't like it because DOS was dictating to them or they didn't like letting H1B candidates convert to AOS, or they were not happy they have to process so many EAD-AP applications without a fee. -- my speculations !

[Raj0687]

Correct me if I am wrong, The filing fee for Form I-765 is $380. How come EAD processing free?

[smuggymba]

Correct me if I am wrong, The filing fee for Form I-765 is $380. How come EAD processing free?

For application after 2007 I believe (including me), EAD and AP are free of cost. I just pay 500 to the lawyer but nothing to the USCIS.

applicants prior to 2007 have to pay USCIS a fee for EAD/AP renewal.

[YTeleven]

All Who have approved 1-140 and waiting to file I-485,
Please sign this NEW white house petition : http://wh.gov/iP7z2, https://petitions.whitehouse.gov//pe...40-approval-12
I know there are around 100k+ who is waiting to file I-485.
Please help yourself by signing this petition and promoting it to your known circles.
We need to get the 100k+ signs in next 30 days so that it will get noticed by the President Obama to take an action on it.

Also convey to our OPT friends to help themselves as they will get into this mess once they completes their OPT period.

[srimurthy]

Not sure about the renewal (did not reach that stage yet , but the first time filing fee is $380. I just did that for H4 EAD.

For application after 2007 I believe (including me), EAD and AP are free of cost. I just pay 500 to the lawyer but nothing to the USCIS.

applicants prior to 2007 have to pay USCIS a fee for EAD/AP renewal.

[tatikonda]

Signed !! but not having any hopes

All Who have approved 1-140 and waiting to file I-485,
Please sign this NEW white house petition : http://wh.gov/iP7z2, https://petitions.whitehouse.gov//pe...40-approval-12
I know there are around 100k+ who is waiting to file I-485.
Please help yourself by signing this petition and promoting it to your known circles.
We need to get the 100k+ signs in next 30 days so that it will get noticed by the President Obama to take an action on it.

Also convey to our OPT friends to help themselves as they will get into this mess once they completes their OPT period.

[tatikonda]

Q/Spec and other Gurus,

Pardon my ignorance but what is USCIS going to loose by agreeing to file AOS ?
I see that, this will generate good revenue for them, which will help them to budget next year and implement new projects.
this is a clear win for USCIS unless top leaders in USCIS have some malign intent on immigrants.

Well said Spec. Thanks. This also is a sad commentary on how unimportant the plight of backlogged candidates is. People who believe in advocacy and all should read this and they may understand that there are bigger things at play here and advocacy to work we must understand history and motivations of the other side.

[bluelabel]

Not sure about the renewal (did not reach that stage yet , but the first time filing fee is $380. I just did that for H4 EAD.

EAD/AP are free only if filed along with I-485 or there's a pending I-485 application with USCIS filed after 2007 August. H4 EAD and L2 EAD do not come free.

[Spectator]

Not sure about the renewal (did not reach that stage yet , but the first time filing fee is $380. I just did that for H4 EAD.

An EAD for the spouse of an H-1B Nonimmiggrant (H4 EAD) is applied for under (c)(26). There is no fee waiver for that category. The initial EAD and any renewals require the fee to be paid.

An EAD based on a pending I-485 is applied for under (c)(9). Applicants applying for one do not need to pay a fee for either the initial EAD or subsequent renewals, as long as their I-485 was applied for under the higher fee structure that came into effect with the August 2007 VB. The application must be made by mail and if not concurrently filed with the I-485, a copy of the I-797C receipt for the I-485 application must be enclosed.

From the I-765 Instructions http://www.uscis.gov/sites/default/f...i-765instr.pdf (pages 9-10)

NOTE: If you filed Form I-485, Application to Register Permanent Residence or Adjust Status, as of July 30, 2007, and you paid the Form I-485 filing fee, no fee is required to also file a request for employment authorization on Form I-765. You may file the Form I-765 with your Form I-485, or you may submit the Form I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of Form I-485 as of July 30, 2007.

and

Renewal EAD. If this is a renewal application and you are applying under one of the following categories, a filing fee is not required:

1. (a)(8) Citizen of Micronesia, Marshall Islands, or Palau;

2. (a)(10) Granted Withholding of Deportation;

3. (c)(l), (c)(4), or (c)(7) Dependent of certain foreign government, international organization, or NATO personnel;

4. (c)(9) or (c)(16) Adjustment applicant who applied after July 30, 2007.

The reference to July 30, 2007 can be a bit confusing due to the July 2007 VB events. Eventually, people current under the July 2007 VB were able to file up to August 17, 2007 under the old lower fee system. Those people are not eligible for the fee waiver. That's why I describe it as those eligible to file in the August 2007 VB or later.

[qesehmk]

..unless top leaders in USCIS have some malign intent on immigrants.

All immigrants - black / white / brown / yellow - always face resistance initially and get assimilated over time. True about italians / irish / jews ... and now about Asians.

What has compounded the problem for Asians is globalization of white collar jobs. In the 60s and 70s when blue collar jobs left - nobody noticed or cried about it in the media because that didn't hurt the middle class. But in the 90s and last decade white collar jobs have left which started hurting a class that had some power. For instance - my ex-manager - a white guy - decent fellow - said this to my face that his brother in law lost his job to outsourcing and now I have to hire YOU on H1. I insist - the fellow was a decent guy - I was initially mad at him but over time was able to let go and even like him - an MIT fellow - it was nice to discuss many things with him.

The point is - it is not just "Top Leaders" nor they have to be EVIL to oppose outsourcing and immigrants. Just plain human nature.

Organizations develop culture over time. You have to understand DoS culture. They shit all over the world. No kidding - and they know it. And hence they are tolerant and wise towards immigration policy. They like immigrants - not for altruistic reasons but at times practical reasons and at times out of personal experience.

Now think about USCIS - these are mostly old white people in their 60s who probably never left the proverbial "scranton". How do you expect them to perceive you coming over here?

p.s. - When I got my first H1 stamped in Mumbai - the American guy behind the window was probably from Michigan and asked me how was Michigan weather. His face lit up for a moment when I talked about Michigan. I feel a pain when I hear about Australia - the first abroad trip ever. USCIS is missing that. They are stuck in fear.

[tatikonda]

thank you Q.

All immigrants - black / white / brown / yellow - always face resistance initially and get assimilated over time. True about italians / irish / jews ... and now about Asians.

What has compounded the problem for Asians is globalization of white collar jobs. In the 60s and 70s when blue collar jobs left - nobody noticed or cried about it in the media because that didn't hurt the middle class. But in the 90s and last decade white collar jobs have left which started hurting a class that had some power. For instance - my ex-manager - a white guy - decent fellow - said this to my face that his brother in law lost his job to outsourcing and now I have to hire YOU on H1. I insist - the fellow was a decent guy - I was initially mad at him but over time was able to let go and even like him - an MIT fellow - it was nice to discuss many things with him.

The point is - it is not just "Top Leaders" nor they have to be EVIL to oppose outsourcing and immigrants. Just plain human nature.

Organizations develop culture over time. You have to understand DoS culture. They shit all over the world. No kidding - and they know it. And hence they are tolerant and wise towards immigration policy. They like immigrants - not for altruistic reasons but at times practical reasons and at times out of personal experience.

Now think about USCIS - these are mostly old white people in their 60s who probably never left the proverbial "scranton". How do you expect them to perceive you coming over here?

p.s. - When I got my first H1 stamped in Mumbai - the American guy behind the window was probably from Michigan and asked me how was Michigan weather. His face lit up for a moment when I talked about Michigan. I feel a pain when I hear about Australia - the first abroad trip ever. USCIS is missing that. They are stuck in fear.

[YTeleven]

Signed !! but not having any hopes

Look at this OPT rule: 1653-AA72. OPT students mobilized in big way and cleared 100k+ signs on their white house petition on Sep26th and OMB quickly concluded this rule yesterday and now this rule is going into commenting period.
We had a similar 140-EAD petition started on the same day when the OPT petition started and we could not mobilize that many people to sign the petition and its gone dead.
I'm sure there are more than 100k+ people will be affected with this 140-EAD petition but we need to wake up them to sign it.
Most of them not even aware of that it will take 10 to 12 years to file their EAD
Ex: a person who filled I-140 today in EB2-I has to wait for another 10 years to file the EAD. If any recession comes in between imagine how difficult is to survive. We have seen how much demand destruction happened in the last recession.
AILA & other law firms campaigning the other petition to reverse the Oct'15 VB but the people affected are of 20k and they are sub-set of these 100k+
and the benefit is temporary allowing less people to file AOS for one month. This petition is pointing to a permanent solution and for all the affected people including those 20k.

Q,
Why don't we promote this new petition from this forum? We know the numbers better than others.

Suva & others,
Could you please promote this new petition to other forums like trackitt?

[tatikonda]

Shared this with the Wattsup group..
I think, we need to copy this is trackitt / Ron Gotcher's forum / Murthy / immigration girl and other sites..

Signed !! but not having any hopes

[qesehmk]

Q,
Why don't we promote this new petition from this forum? We know the numbers better than others.

Of course YT. Anything that helps folks!

I created a notice for every visitor.

Guys sign it even if you have your EAD - just for folks who are behind you. They are going to be in much longer wait than you. So do your bit.

[CleanSock]

Very well said Q. I am a firm believer of how travels change a person for good. Education has never guaranteed openness to other people and many times common sense too. It is the people who travel who are the most open minded and tolerant of people from other cultures/countries.

All immigrants - black / white / brown / yellow - always face resistance initially and get assimilated over time. True about italians / irish / jews ... and now about Asians.

What has compounded the problem for Asians is globalization of white collar jobs. In the 60s and 70s when blue collar jobs left - nobody noticed or cried about it in the media because that didn't hurt the middle class. But in the 90s and last decade white collar jobs have left which started hurting a class that had some power. For instance - my ex-manager - a white guy - decent fellow - said this to my face that his brother in law lost his job to outsourcing and now I have to hire YOU on H1. I insist - the fellow was a decent guy - I was initially mad at him but over time was able to let go and even like him - an MIT fellow - it was nice to discuss many things with him.

The point is - it is not just "Top Leaders" nor they have to be EVIL to oppose outsourcing and immigrants. Just plain human nature.

Organizations develop culture over time. You have to understand DoS culture. They shit all over the world. No kidding - and they know it. And hence they are tolerant and wise towards immigration policy. They like immigrants - not for altruistic reasons but at times practical reasons and at times out of personal experience.

Now think about USCIS - these are mostly old white people in their 60s who probably never left the proverbial "scranton". How do you expect them to perceive you coming over here?

p.s. - When I got my first H1 stamped in Mumbai - the American guy behind the window was probably from Michigan and asked me how was Michigan weather. His face lit up for a moment when I talked about Michigan. I feel a pain when I hear about Australia - the first abroad trip ever. USCIS is missing that. They are stuck in fear.