SunnySurya
08-07 12:09 PM
No thats not what I am saying. Let me repeat what I am saying and this comes out of the draft I am working with a lawyer
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
The interpretation of the intent of the law by USCIS is flawed and should be reconsidered given the enormous backlogs in various categories.
1. If the people are allowed to move between the categories it will just move the backlog from one line to another penalizing the ones already in that line.
2. It does not provides an equal opportunity to the people already in that line to move to other category who are patiently waiting for their turn.
3. The porting is subject to gaming and the people who know how to work the system will be the most benefitted by this.
4. It will also eleminate any potential for the spill of visa numbers from Eb2 to Eb3 category as Eb2 itself will be backlogged
It should be noted that the immigration benefits are associated with a job requirements and not a person's qualifications. Changing a GC category should not be allowed except in certain extraordinary circumstances and through appropriate changes in the law.
Mpadap, your arguments are valid but not pertinent to what I am trying to do. If a person becomes elligible , he/she must be allowed to apply for the positions matching his qualifications. Only thing is that he should not benefit from the portability of PD.
U are saying - The person's GC category should be same all through out the GC process, irrespective of the technical advancements the person make during the course of the GC process. A person is porting only because he is qualified for the category, U folks are talking as if there is an open slot and everyone is clamoring for it.
U'r logic should be similar to the below scenario..
A person joins a company as a Jr. Engineer, then based on U'r logic he/she cannot become a Manager (which requires an MBA / equivalent) because he entered the workforce as a Jr. Engg. Even though the fellow would've acquired necessary skills and even MBA (going part-time to school), still he/she cannot become a Manager. U are vouching that an MBA who joined few months earlier can become the Manager but not the home groomed fellow. Wow, U'r logic seems to a ground breaking thought process, please extrapolate U'r lawsuit for the case mentioned above. If you win, this might be the most ground breaking decision in US.
Personally I've reported to folks who joined company as high-school grads and worked their way up to Managerial position ofcoz acquiring the necessary college education while working. They have shown up those experience to move ahead of other folks who joined later with higher degrees.
sunnysurya and rollingflood,
Rather than focusing on divisive efforts why can't you focus on real problem - retrogression. Why don't you work towards IV's goals? You folks joined the forum few months back and have already made great impact. Hope you would channel U'r energy into something positive for the entire community.
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caliguy
10-02 05:22 PM
I can understand your frustation. I am not sure, but at times I feel if all the pushing and prodding we have done has pi$$ed off USCIS. I mean, what would it take for them to approve or look at our cases ? What am I missing?
I had infopass this morning. The IO was rude and repeated everything I knew. He even said I became current only last month, did I expect to be approved in less than a month? When I told him that pretty much everybody who was curret (and after me) had been approved, he told me how does that matter? I wanted to ask him, what happened to my number in the queue and following the rules of the game?? Last year, USCIS went by receipt date, and not PD. What are they going by this year??
Thanks for providing the address, I will drop in a mail to Secretary Napolitano.
Hang in there and have a good weekend.
Caliguy and GF
I just wrote a letter detailing my frustrations and attached with it the documents. I don't think the call was anything big deal.....it was more a courtesy call an image improving call...we were not told anything that we didn't know already.....USCIS always raised more questions than answering them.......
The address is:
To reach the Secretary
Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528
Today, I again talked to TSC POJ again the same thing I can issue Biom notice for you too..I asked is it possible that the adjudicating IO is on vacation or (well I didn't ask "dead" or "alive" she 'd cut the phone...she said she can send an email to the IO that I am concerned.....I said plz do....not even sure if she will do that....my faith in USCIS is dwindling since day 1..
SoP
Best,
SoP
I had infopass this morning. The IO was rude and repeated everything I knew. He even said I became current only last month, did I expect to be approved in less than a month? When I told him that pretty much everybody who was curret (and after me) had been approved, he told me how does that matter? I wanted to ask him, what happened to my number in the queue and following the rules of the game?? Last year, USCIS went by receipt date, and not PD. What are they going by this year??
Thanks for providing the address, I will drop in a mail to Secretary Napolitano.
Hang in there and have a good weekend.
Caliguy and GF
I just wrote a letter detailing my frustrations and attached with it the documents. I don't think the call was anything big deal.....it was more a courtesy call an image improving call...we were not told anything that we didn't know already.....USCIS always raised more questions than answering them.......
The address is:
To reach the Secretary
Secretary Janet Napolitano
Department of Homeland Security
U.S. Department of Homeland Security
Washington, DC 20528
Today, I again talked to TSC POJ again the same thing I can issue Biom notice for you too..I asked is it possible that the adjudicating IO is on vacation or (well I didn't ask "dead" or "alive" she 'd cut the phone...she said she can send an email to the IO that I am concerned.....I said plz do....not even sure if she will do that....my faith in USCIS is dwindling since day 1..
SoP
Best,
SoP
BharatPremi
09-24 02:16 PM
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
You are wrongly mixing "country limit 7 %" into a "category limit 28.6%". Please read visa bulletin content.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
You are wrongly mixing "country limit 7 %" into a "category limit 28.6%". Please read visa bulletin content.
2011 Walt Disney World Resort
drirshad
06-29 05:15 PM
This is not the end of the world, enjoy ur weekend ........
USCIS will be in big trouble if they do what the rumors say ...
Just be ready to file and v ll c what happens .....
I m 99.5% sure that its a rumor ....
USCIS will be in big trouble if they do what the rumors say ...
Just be ready to file and v ll c what happens .....
I m 99.5% sure that its a rumor ....
more...
ItIsNotFunny
11-12 03:37 PM
This is a good news. Do we need to tell individuals who are affected to send email to that email address? Let plan asap.
I don't think thats a good idea. You collect all evidence and we represent at once.
Opinion?
I don't think thats a good idea. You collect all evidence and we represent at once.
Opinion?
meridiani.planum
10-02 04:21 AM
Hi All,
My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.
He already has valid Advanced Parole with him.
He wants to if there are any issues for him to enter at port of entry?
Any documents or print out of approval etc to be carried with him?
Does he needs to tell the office that his GC got approved?
Please help.
no trouble he can simply re-enter on advance parole. no need to carry any proof of approval of GC
My friend whose PD is Dec 30 2004 - EB2 - Texas got his approval email. But he is already in india and travelling back this Oct 12th.
He already has valid Advanced Parole with him.
He wants to if there are any issues for him to enter at port of entry?
Any documents or print out of approval etc to be carried with him?
Does he needs to tell the office that his GC got approved?
Please help.
no trouble he can simply re-enter on advance parole. no need to carry any proof of approval of GC
more...
tapsemi
05-27 07:37 PM
My priority date is current now and my company has already filed for my I-140. I have have two questions:
1) My wife converted from H4 to H1b last year end and she has not gone out of the country to get any H1b stamp. Will this complicate things? Does she need to go out to get a valid H1b stamp? In case of any trouble, will it be easy for us it she converts back to H4 again?
2) I saw that I485 processing times are taking about 6 months at the CA service center. Hence, under the current conditions, what is a better choice go: for Consular processing or Adjustment of Status? Thanks. :confused:
1) My wife converted from H4 to H1b last year end and she has not gone out of the country to get any H1b stamp. Will this complicate things? Does she need to go out to get a valid H1b stamp? In case of any trouble, will it be easy for us it she converts back to H4 again?
2) I saw that I485 processing times are taking about 6 months at the CA service center. Hence, under the current conditions, what is a better choice go: for Consular processing or Adjustment of Status? Thanks. :confused:
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indianindian2006
10-12 05:04 PM
Is today a holiday for NSC / TSC?
Is that the reason why we cannot reach IO's?
I hope that is the reason...
Yes today Monday, 10/12/2009, is the Columbus Day, a Federal Holiday
Is that the reason why we cannot reach IO's?
I hope that is the reason...
Yes today Monday, 10/12/2009, is the Columbus Day, a Federal Holiday
more...
bajrangbali
06-17 12:28 PM
Thanks L1fraud guy for bringing up the details to complain. I have contacted the local office and proceeding with the process as outlined by the ICE officer. I agree with you and other members on this thread who say this fraud has to be stopped before it becomes uncontrollable.
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
Best of luck to others who are planning to take action. Dont wait till the fraud hits your job directly one day..
hair Walt Disney World Resort,
kaisersose
03-26 02:07 PM
This is plain stupidity. These employers should first take a good look at an EAD and a GC. As for as work authorization is concerned, both these cards provide us with the same rights. The EAD says �The person identified is authorized to work in the US for the validity of this card� where as the GC says �The person identified by the card is authorized to work and remain in the US�.
So why does the legal department come into picture here? Is it because of the expiry date associated with EAD�s? If that�s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
I was thinking exactly like you until she educated me on this yesterday.
The problem with the EAD is you are invoking AC21. There are several possible problems here including
1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.
2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.
There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.
So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.
So why does the legal department come into picture here? Is it because of the expiry date associated with EAD�s? If that�s the case even a GC has got an expiration date (a later date maybe). Does that mean that an additional budget is required to hire GC holders?
I was thinking exactly like you until she educated me on this yesterday.
The problem with the EAD is you are invoking AC21. There are several possible problems here including
1. Complying with AC21 requirements of job code, 180 days after 485 RD, etc.
2. Invoking AC21 without 140 approval. This is not against the law, but is risky in case of a 140 RFE.
There are more reasons, but these ought to provide enough clarity on the problem. It is in the employer's interest to ensure that the candidate does not have any such issues; issues which will lead to termination of employment. The Recruiter cannot check DOL job codes and USCIS documents. That is the job of Legal which means $$$.
So if the hiring manager does not have a budget for these extra costs or if he has an equally good candidate who is a GC holder or a citizen, it is easier to go with him or her.
more...
gc4me
11-10 09:44 PM
I got the RFE at last. I invoked AC21. The RFE for me is asking for 2 evidences
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
01. Why in Form I-693 medical examiner submitted x-ray but no skin test (we did it because we had the TB vaccination in childhood and skin test would come positive and we had to take x-ray anyway) ---Not an Issue, we can answer that
02. Submit current dated EVL for your new employer. No issue. we can answer that
For my wife also asking for 2 evidences:
01. About the same medical issue.
02. Provide her non-immigrant status between Feb 2003 to Jan 2004.
I don't know what do. Looks like we are doomed. My wife came here with H4 in 2000, was provided I-94 from the airport for 3 years (till Jan 2003), we didn't know then that we have to file a I-539 extension for H4 extension (even couple of my friends had the same idea). We knew that as long as I am on H1, she would maintain H4. I came to know in Jan 2004 and then we applied for I-539. I know this is stupid but that what happened. Anybody has any experience please reply..please please. We are really sleepless this time.
hot The Walt Disney World Resort,
ski_dude12
09-13 12:27 AM
Hopefully it is not a complicated RFE...
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
more...
house walt disney world resort. Pool
vdlrao
04-01 07:25 AM
Guys,
Not sure whether below information is any helpful.
My Priority date is : July 2007
I-140 approval date : March 2009
Processing : Consular
Today i received a mail from NVC to pay immigration processing fee of $794.
Does any ones what is this for ? does it help to know the demand ?
Regards
Somebody please comment on this.
Not sure whether below information is any helpful.
My Priority date is : July 2007
I-140 approval date : March 2009
Processing : Consular
Today i received a mail from NVC to pay immigration processing fee of $794.
Does any ones what is this for ? does it help to know the demand ?
Regards
Somebody please comment on this.
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Green_Always
09-22 07:14 PM
Vonage Accounts team is mystry, they are not friendly they are very rude,
Probally more work pressure, and customers with same topic discussing made them like that.
Probally more work pressure, and customers with same topic discussing made them like that.
more...
pictures 2010 Walt Disney World Resort,
man-woman-and-gc
01-14 05:24 PM
I am really surprised by the meek response...what is wrong with everyone?? We have just abt 54 letters so far and almost 200 members online right now !!!
If you are reading this but have not written a letter yet, please answer one question for me:
What is the least effort that you can put towards your immigration?
If you cannot write or type a letter, i'm afraid you don't belong to the "Hard working, highly skilled" immigrants that is being referred to in the letter.
Please send me a Private message with your name and deatils and I can write up and post a letter for you....its is actually going to be for me as I am benefitting from this campaign...i don't mind if you get the benefits in the process.
I have the capacity for 3 hand written letters per day...and I am dead serious. We need numbers and a meagre 100 letters are going to get lost amongst thousands of letters that are received at Whitehouse everyday.
If you are reading this but have not written a letter yet, please answer one question for me:
What is the least effort that you can put towards your immigration?
If you cannot write or type a letter, i'm afraid you don't belong to the "Hard working, highly skilled" immigrants that is being referred to in the letter.
Please send me a Private message with your name and deatils and I can write up and post a letter for you....its is actually going to be for me as I am benefitting from this campaign...i don't mind if you get the benefits in the process.
I have the capacity for 3 hand written letters per day...and I am dead serious. We need numbers and a meagre 100 letters are going to get lost amongst thousands of letters that are received at Whitehouse everyday.
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krishmunn
04-07 10:47 AM
I guess, we need to hire, one octopus for every months' prediction. That will be cheaper, instead of we put our brain in predictions.
People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:
People are not contributing for Advocacy day and they will contribute to hire the octopus ?? :rolleyes:
more...
makeup Currently, the Walt Disney
needhelp!
09-09 05:55 PM
List has been updated with IV members' feedback.
Lets continue calling.
Lets continue calling.
girlfriend Walt Disney World Resort
naushit
10-01 03:24 PM
Alright, Finally I got CPO email , Life is good.
Thanks,
-N
Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
Thanks,
-N
Finallly, my online status changed from "Initial review" -> "Document production" and also got email from Senator's office that my case is approved.
I think I got it....but not 100% sure yet...no approval emails yet... or no other proof.
Thanks,
-N
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nrk
08-17 02:03 PM
congrats enjoy your freedom.
Finally got the magic email, straight to card production ordered. After 12+ years in this country and 3 labor filings
NSC, EB2
Priority Date - 2/3/2006
Receipt Date - 7/2/2007
Notice Date - 8/10/2007
RFE - April 2009 replied promptly in a few days, status was stuck at RFE response received since then.
Opened SR on 8/4/2010
Filed DHS-7001 last week 8/11/2010
hadn't heard anything back from either of the two methods above.
******************
Card/ Document Production
On August 17, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
******************
Finally got the magic email, straight to card production ordered. After 12+ years in this country and 3 labor filings
NSC, EB2
Priority Date - 2/3/2006
Receipt Date - 7/2/2007
Notice Date - 8/10/2007
RFE - April 2009 replied promptly in a few days, status was stuck at RFE response received since then.
Opened SR on 8/4/2010
Filed DHS-7001 last week 8/11/2010
hadn't heard anything back from either of the two methods above.
******************
Card/ Document Production
On August 17, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.
******************
reddymjm
08-07 03:42 PM
I was double minded to do porting or not. Now I am considering it very seriously. Got a green signal from my current EMPLOYER to go ahead for EB2.
prasadn
09-23 05:07 PM
A basic question - Are the months that the numbers are slotted into for the Priority Dates? or are they the recept date or something else....?
If PD, then how come there are numbers for 2008 and 2009? The PD has never been current since July 2007....
Questions & Answers: Pending Employment-Based Form I-485 Inventory
Q: Why is the wait so long for my employment-based green card?
A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.
Q: How can I determine my place in line based on my priority date?
A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).
The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.
The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.
Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.
Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?
A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.
Q: What information do I need to have before using the pending Form I-485 inventory reports?
A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.
Q: How do I read the pending I-485 inventory reports?
A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.
Q: Can you tell me when I will get a visa?
A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.
Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?
A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.
If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.
Q: How do I know how many applicants from my country have an earlier priority date than mine?
A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.
To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
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If PD, then how come there are numbers for 2008 and 2009? The PD has never been current since July 2007....
Questions & Answers: Pending Employment-Based Form I-485 Inventory
Q: Why is the wait so long for my employment-based green card?
A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.
Q: How can I determine my place in line based on my priority date?
A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).
The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.
The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.
Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.
Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?
A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.
Q: What information do I need to have before using the pending Form I-485 inventory reports?
A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.
Q: How do I read the pending I-485 inventory reports?
A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.
Q: Can you tell me when I will get a visa?
A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.
Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?
A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.
If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.
Q: How do I know how many applicants from my country have an earlier priority date than mine?
A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.
To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
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