PDA

View Full Version : New process to adjudicate GCs (July 2007)


INSpector
07-25-2007, 11:55 AM
OK, lets review question 15 on the USCIS EB FAQ communication:

Q15: How long will aliens have to wait for their employment-based applications to be adjudicated?

A15. Applicants should monitor the State Departmentís visa bulletin to determine whether a visa number is available based upon their individual priority dates. There are annual statutory limitations, thus some aliens may have to wait a significant period of time, perhaps years, before visa numbers become available. Applications for interim benefits (employment authorization and advance parole) will be processed prior to final adjudication of the adjustment application and in accordance with USCIS standard procedures.

So, USCIS will receive all I485 and EAs and PAs like crazy, but wont assign any GC to any one... Interim benefits will be grantted according to Receiot date and if they say (Standard procedures), means "unknown date...."

In October 1st, will they grantt GCs according to the new Visa Bulletin, so will they receive more I485s? will they stop receiving more and will they work only on the new backlogg. Sorry guys, but I'm in high anxiety.... please some comments

lkapildev
07-25-2007, 12:28 PM
There was an argument on PD vs RD for GC processing. I think this anwers the question now. Even USCIS accepted all these application, they will do all needful till EAD/AP and AC21 and wait till visa# for I-485.

Now the big question is, if there are few LC cases are in BEC which PD's are much before(2001) will they get an opportunity in OCT.

USCIS will make lot of money from EAD and AP renewal process. Hope they give 3 years EAD/AP like H1b extentions.

I heard they only give 3 months EAD and we need to keep extending it. Anyone aware of it?

test101
07-25-2007, 12:35 PM
how long the EAD is valid for? foe how long you can renew it ? how much does it cost ? any ideas ?

thanks.

lkapildev
07-25-2007, 12:44 PM
EAD/AP fees will be 60-80% to the current cost. Now we pay around $190 for EAD so it would be around $300.


This would be like paying utility bills in every 3 months to keep your number rolling.


Someone was telling we can mentain H1B/L1 status for legal stay/work in US and whenevr we want we can get EAD and invoke AC21.

Also if spouce wants EAD, she can have EAD and primary applicant can stay away of it

ronnie0479
07-25-2007, 01:01 PM
USCIS will come up with some cutoff dates for Oct 07 and not U (Unavailable) . i.e. they might keep the dates same as of June 07 or some new cut off dates. They wont surely make everthing current. If they come up with new cutoff dates , it would mostly likely be 6 months advanced for All the Categories. so as per June bulliten EB2 India had cutoff date as April 04 and EB3 India was Jan 03. I think they will increase it to Oct 04 or Dec 04 for EB2 and Jun 03 for EB3. Since they took all the applications even thought they didn't had any visa numbers available so they will keep the application and not return it back but they will use up the numbers as per the Oct 07 bulliten.

Example :-there are 2 applicants with PD (June 04 EB2) and the other has the (PD June 05 EB2). As per now , both can file 485 but since the visa number are not availabl , USCIS will just accept the application and just sit with it. In Oct when new quota opens up, DOS will come up with a new cutoff date. As mentioned above , say DOS come up with a cutoff date as OCT 04 for EB2 India. USCIS will assign the visa number to the first guy whos PD is earlier then the cutoff date. The second guys (PD June 05) applications will still be sitting idle with USCIS but he can take advantage of the EA and AP.

mambarg
07-25-2007, 01:14 PM
Sure. But they will do all other work like name check, finger printing for everyone , whether current or not current in sept/oct.
e.g Even in July the June filers who were not current before July 17th, were getting finger print notices and other things.

GCBy3000
07-25-2007, 01:47 PM
The funniest thing is DHS decided the cut off date without having any idea on AOS application numbers? Condy gets up from bed and decides ok, I have to give a date for VB. Ok lets us make 1899 FEB 30 for EB3 India..........

USCIS will come up with some cutoff dates for Oct 07 and not U (Unavailable) . i.e. they might keep the dates same as of June 07 or some new cut off dates. They wont surely make everthing current. If they come up with new cutoff dates , it would mostly likely be 6 months advanced for All the Categories. so as per June bulliten EB2 India had cutoff date as April 04 and EB3 India was Jan 03. I think they will increase it to Oct 04 or Dec 04 for EB2 and Jun 03 for EB3. Since they took all the applications even thought they didn't had any visa numbers available so they will keep the application and not return it back but they will use up the numbers as per the Oct 07 bulliten.

Example :-there are 2 applicants with PD (June 04 EB2) and the other has the (PD June 05 EB2). As per now , both can file 485 but since the visa number are not availabl , USCIS will just accept the application and just sit with it. In Oct when new quota opens up, DOS will come up with a new cutoff date. As mentioned above , say DOS come up with a cutoff date as OCT 04 for EB2 India. USCIS will assign the visa number to the first guy whos PD is earlier then the cutoff date. The second guys (PD June 05) applications will still be sitting idle with USCIS but he can take advantage of the EA and AP.

ilikekilo
07-25-2007, 02:16 PM
how long the EAD is valid for? foe how long you can renew it ? how much does it cost ? any ideas ?

thanks.

its valid for 2 years and fee is $340+

a_yaja
07-25-2007, 02:26 PM
its valid for 2 years and fee is $340+
Are you sure that EAD is valid for 2 yrs? As far as my knowledge goes, EAD is valid only for 1 yr (although USCIS came out with a rule from July 30, 2004 that they would give EAD > 1 yr on a case by case basis). Do you know someone whose EAD is valid for more than 1 yr and is an I-485 EB case?

immitul
07-25-2007, 03:18 PM
I was told by my lawyer that EAD is valid for 1 yr, and need to be renewed every year.

Imm_Exploited
07-25-2007, 03:18 PM
IF I-485 is Approved Based on RD - What is the purpose of PD in VB???

Following are assumptions based (situations that have actually occurred in the past & situations that will most likely occur for retrogressed countries) on filings or inability to file in July 2007 or even before August 17, 2007:

1. Applicant Tom has a priority date of June 2003 under EB3 and is from India. Tom's Labor is stuck with the BEC and is not approved till September 2007. Tom may not be able to file till October 2007 VB makes his PD current and subject to his Labor being approved before September 30, 2007.

2. Applicant Dick has a PD of January 2007 and is from India under EB3 but his Labor is approved through PERM in July 2007. Dick files for I-140/I-485/I-131/I-765 on July 30, 2007 and his RD for I-485 is 07/30/07.

3. October 2007 VB comes out with PD for EB3 with a cut off date of 1st July 2003. Tom will file his I-485 on October 2, 2007 and his RD for for I-485 is 10/02/2007.

4. There could be many more scenarios that could happen from November 2007 VBs but to come to a conclusion on Tom and Dick's situations, let us assume that the VBs following October 2007 VB right till September 2008 VB will move the cut off date for EB3-India from 1st July 2003 to 1st September 2003.

Based on the foregoing assumptions, the BIG question is: Who will get the I-485 approved before September 2008? Will it be Tom whose PD is June 2003 but his RD for I-485 is 10/02/2007? Or, will Dick get his I-485 approved based on his RD for I-485 which is 07/30/07 (assuming his I-140 is approved in October 2007) and with a PD of January 2007?

My take on this scenario: USCIS is in BIG trouble if they approve Dick's I-485 based on RD in August 2008 and DO NOT approve Tom's I-485 before Dick's approval EVEN IF Tom is OK with FBI namecheck and all his documents are in order.

Sincerely - IE

gc_chahiye
07-25-2007, 03:23 PM
IF I-485 is Approved Based on RD - What is the purpose of PD in VB

Following are assumptions based (situations that have actually occurred in the past & situations that will most likely occur for retrogressed countries) on filings or inability to file in July 2007 or even before August 17, 2007:

1. Applicant Tom has a priority date of June 2003 under EB3 and is from India. Tom's Labor is stuck with the BEC and is not approved till September 2007. Tom may not be able to file till October 2007 VB makes his PD current and subject to his Labor being approved before September 30, 2007.

2. Applicant Dick has a PD of January 2007 and is from India under EB3 but his Labor is approved through PERM in July 2007. Dick files for I-140/I-485/I-131/I-765 on July 30, 2007 and his RD for I-485 is 07/30/07.

3. October 2007 VB comes out with PD for EB3 with a cut off date of 1st July 2003. Tom will file his I-485 on October 2, 2007 and his RD for for I-485 is 10/02/2007.

4. There could be many more scenarios that could happen from November 2007 VBs but to come to a conclusion on Tom and Dick's situations, let us assume that the VBs following October 2007 VB right till September 2008 VB will move the cut off date for EB3-India from 1st July 2003 to 1st September 2003.

Based on the foregoing assumptions, the BIG question is: Who will get the I-485 approved before September 2008? Will it be Tom whose PD is June 2003 but his RD for I-485 is 10/02/2007? Or, will Dick get his I-485 approved based on his RD for I-485 which is 07/30/07 (assuming his I-140 is approved in October 2007) and with a PD of January 2007?

My take on this scenario: USCIS is in BIG trouble if they approve Dick's I-485 based on RD in August 2008 and DO NOT approve Tom's I-485 before Dick's approval EVEN IF Tom is OK with FBI namecheck and all his documents are in order.

Sincerely - IE

TOM will get his GC before DICK. Reason being DICK is not going to get current anytime this decade, and his application cannot be approved unless he is current.

*IF* USCIS makes all the dates current again, then Dick might slip in past Tom

Suva
07-25-2007, 03:39 PM
This is the way it is going to be processed

I-485 Processing would start depending on RD (Receipt Date). But at the time of approval PD should be current and if it is current then the applicant whose RD (Receipt Date) is oldest would get the approval first.

IF I-485 is Approved Based on RD - What is the purpose of PD in VB???

Following are assumptions based (situations that have actually occurred in the past & situations that will most likely occur for retrogressed countries) on filings or inability to file in July 2007 or even before August 17, 2007:

1. Applicant Tom has a priority date of June 2003 under EB3 and is from India. Tom's Labor is stuck with the BEC and is not approved till September 2007. Tom may not be able to file till October 2007 VB makes his PD current and subject to his Labor being approved before September 30, 2007.

2. Applicant Dick has a PD of January 2007 and is from India under EB3 but his Labor is approved through PERM in July 2007. Dick files for I-140/I-485/I-131/I-765 on July 30, 2007 and his RD for I-485 is 07/30/07.

3. October 2007 VB comes out with PD for EB3 with a cut off date of 1st July 2003. Tom will file his I-485 on October 2, 2007 and his RD for for I-485 is 10/02/2007.

4. There could be many more scenarios that could happen from November 2007 VBs but to come to a conclusion on Tom and Dick's situations, let us assume that the VBs following October 2007 VB right till September 2008 VB will move the cut off date for EB3-India from 1st July 2003 to 1st September 2003.

Based on the foregoing assumptions, the BIG question is: Who will get the I-485 approved before September 2008? Will it be Tom whose PD is June 2003 but his RD for I-485 is 10/02/2007? Or, will Dick get his I-485 approved based on his RD for I-485 which is 07/30/07 (assuming his I-140 is approved in October 2007) and with a PD of January 2007?

My take on this scenario: USCIS is in BIG trouble if they approve Dick's I-485 based on RD in August 2008 and DO NOT approve Tom's I-485 before Dick's approval EVEN IF Tom is OK with FBI namecheck and all his documents are in order.

Sincerely - IE

obviously
07-25-2007, 03:50 PM
The title appears to suggest that there is a new process from USCIS, while in reality this is a thread with armchair critics and intelligent ideas. Food for thought for future titles?
________
Live Sex (http://livesexwebshows.com/)

Imm_Exploited
07-25-2007, 03:53 PM
gc_chahiye

I saw your response under Rajiv Khanna forums - Thanks.

However, I copied and posted (pasted?) the same here so that some others who have have not read it elsewhere can decide for themeselves how RDs and PDs work.

Actually, the procedure may be as simple as Suva writes. But, do you not agree that the USCIS may never again make the VB current for EB3 (or even EB2) for India if there is no change on per country limits at least for the next 5 years?

Your thoughts please. - IE

GCBy3000
07-25-2007, 04:20 PM
Before they cross the million AOS in July and come to dust the TOM's AOS, several years passes. Assume three to four year passes. In the mean time USCIS / DHS from the black hole decides to move forward the VB date since no one from 2002-2001 is visible for them in all these four years when they just processed the july VB. Since they move the VB, DICK gets approves since the status is pending. Now after two months, the service center clears all the application of July and moves to OCT '07. By this time, DHS / USCIS retrogress the date back to 2003. Now they find one by one (poor souls from BEC) 1998/99/00/01 poping thier head for AOS. Hmm.... What the heck is going on, move the dates back to 1999 is the instruction given by then CONDY from DHS. That is how the cycle repeats if the USCIS processing PROCESS does not change. Classic example is the people getting GCs now with Nov 2004, but people with Nov 2000 are still sucking their thumb wihtout even filing for 485.


you have asked this before, and its been answered before: TOM will get his GC before DICK. Reason being DICK is not going to get current anytime this decade, and his application cannot be approved unless he is current.

*IF* USCIS makes all the dates current again, then Dick might slip in past Tom

GCBy3000
07-25-2007, 04:44 PM
Why the hell in the world you kept this false title. If you need to bring some attention... contribute 20K :)

Now chill out, this title should be changed as I thought USCIS came up with a solution to handle the process of AOS from JULY 2007.

Ramba
07-25-2007, 05:01 PM
The current practice is that they process the 485 based on RD, even if visa # not available. Once it is processed, they will check for visa # availability for the applicant PD. If visa available in visa bulliten, in the applicant EB category and country of chargeability, they will approve it, otherwise, they will keep it pre-adjudicated and wait for visas availability. The key is that they processed all 485s were pending with them irrespective of availability of visa numbers. This could possible because the number of cases that were pending is much less than (about 100K to 140K) the anticipated filing is going to be in July 2007. I think they wonít practice this method after July as the expected filing is 500K to 700K. They may not able to schedule Finger Print all applicants in time. They will follow the batch mode based on PD.

This is what going to happen in 485 processing after Aug 17. They will at least take 2 months to issue the receipt notice. Once they sent the receipt notice, they will know, how many applied in each category with country of birth and PD etc..They will sort the applications by PD and country and start process those, in batch wise. Other applications (recent PDs) they will keep in abeyance. For example, they will sort fist quarter number of applicants (27% of 9800) i.e, 2700 first EB3 applicants based on PD for a country and process those first. They will approve those 485 first and make sure they approve them at the end of third month of the FY. In simple term, they follow PD in processing and approving the 485 after Aug.

GCBy3000
07-25-2007, 06:21 PM
You logic sounds good and everyone wants it that way. If USCIS had decided to impelment such logic, why do they want to do it now. They should have done this long back. The bottom line is they dont want to do it. They what chaos so that the individuals keep on extending their AP / EAD and they could milk $$$$ from it. The best thing happened for USCIS is this July fiasco. It is gold mine for them. They will hire bunch of contractors to process AP and EAD and pay them. Even after paying the contractors, they will have a bulky kitty for them. Long live USCIS.

gc_chahiye
07-25-2007, 06:56 PM
gc_chahiye

I saw your response under Rajiv Khanna forums - Thanks.

However, I copied and posted (pasted?) the same here so that some others who have have not read it elsewhere can decide for themeselves how RDs and PDs work.

Actually, the procedure may be as simple as Suva writes. But, do you not agree that the USCIS may never again make the VB current for EB3 (or even EB2) for India if there is no change on per country limits at least for the next 5 years?

Your thoughts please. - IE

oops, sorry I thought it was posted twice on IV, did not realize the earlier one was on immigrationportal.com

yes, I agree with you: EB3 India is not going to be current for the foreseeable future (& neither will EB2 because of the number of people who jumped onto EB2 in 2006/2007 because of retrogression and slow movement of EB3). Let all the I-485 filing dust settle then hopefully IV can start pursuing options to get the country-cap lifted or recapture of visas or something like that.

GCBy3000
07-25-2007, 07:22 PM
Some one told that the country cap is not applicable as per AC21 rule if the VB dates are current. Also that is the reason in July for adjucating EB3/2 Indians / Chineese beyond the country cap limit. So if DHS dont want USCIS to waste any visa then DHS have to make VB current at least in the last month of the last quarter of every year. This may not happen for sure, but not sure, why not, .... .


gc_chahiye

I saw your response under Rajiv Khanna forums - Thanks.

However, I copied and posted (pasted?) the same here so that some others who have have not read it elsewhere can decide for themeselves how RDs and PDs work.

Actually, the procedure may be as simple as Suva writes. But, do you not agree that the USCIS may never again make the VB current for EB3 (or even EB2) for India if there is no change on per country limits at least for the next 5 years?

Your thoughts please. - IE

desibechara
07-25-2007, 08:09 PM
I am wondering whether I am really chasing a wild goose..It took 5.5 years to get labor approved because somebody said..they gave some amnesty on april 2001 for people who just stayed here..now I am filing my I140 and I485..guess what..there are around million in que already...

I am wondering ..is it all really worth it..debating to file councellor or AOS..??

What do u suggest??I know..but my residence is Vancouver..I moved last year but kept my job running..

Now Cannot stand my employer after so many years..

Come september we will know what we have in store!


DB
PD 2001
EB3..approved ..full papers..july20, 2007
filingmy I140 and I 485

swo
07-25-2007, 08:18 PM
You logic sounds good and everyone wants it that way. If USCIS had decided to impelment such logic, why do they want to do it now. They should have done this long back. The bottom line is they dont want to do it. They what chaos so that the individuals keep on extending their AP / EAD and they could milk $$$$ from it. The best thing happened for USCIS is this July fiasco. It is gold mine for them. They will hire bunch of contractors to process AP and EAD and pay them. Even after paying the contractors, they will have a bulky kitty for them. Long live USCIS.

Meaningless panic mongering commentary. You act as if the USCIS sit in a gold castle somewhere. I can assure you, you probably work under finer conditions and for more salary than any of them.

The only 'fiasco' aspect to July 2nd is that they had to respond to an absurd all current bulletin by DOS. When they tred to have it pulled, they were screamed at. Now that they've made it 'right' you say they are doing it for the money.

There is a general shortage of resources available at the USCIS. Think about it. Look at the passport backlog. Same thing right? Stop acting like there is incarnate evil. There isn't. It's beaurocracy. It sucks, yes. But it's not some evil plan.

Seems to me like the problem is a shortage of Green Card visas for the number of pending applicants compounded by an ineffecient workflow model. Simple as that.