USCIS NSC and TSC is cutting the line in approval of I-140 aplications and is not following First In First Out policy.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
This affects not only the I-140 applications, but pending I-485 (EB-2) applications too.
USCIS NSC and TSC is approving I-140 applications for EB-1 and EB-2 ROW cases filed six months ago, and letting them go ahead and grab the coveted visa number.
However, they are not approving EB-2 India and China I-140 applications, because of non-availability of visa numbers.
This is causing an issue with the horizontal spill-over effect as described in the Immigration and Nationality Act.
EB-2 India and China waiting patiently since 2004 should have gotten those visa numbers via spill-over effect, not used by Rest of World, if USCIS had not approved their I-140 application, since they joined the line after the EB-2 India and China folks. This is blatant misjudgment and misorganization.
Please refer to immigration-law.com for full message, but here is the part of it:
The I-140 petitions have been experiencing a significant dely and witnessed a irregular pattern in processing times between the stand-alone I-140 filing cases and the I-140/I-485 concurrently filed cases. Here are some questions and answered which are revealed in the USCIS National Stakeholder Meeting on September 30, 2008:
Question: In TSC and NSC, there is dramatic delay for last July/August concurrently filed I-140. At the same time, TSC quickly approved many non-concurrently filed I-140 with application mailing dates later than last August and even in 2008. So far, the average waiting time for concurrent filers > 300 days and for non-concurrent is around 80 days, according to some voluntary tracking data. Is that delay caused by the Plus Pilot program installed in TSC in Feb 2008, under which the entire I-140 and I-485 package is reviewed by one officer? If so, does that mean I-140s won't be processed and approved until the petitioner's Priority Date becomes Current? A delay of processing, and then denial, in I-140 adjudication could cause serious could cause serious problems for I-485 portability.
Response: Visa availability has been the primary focus at the Texas Service Center and the Nebraska Service Center for concurrent filings and stand alone I-485s. In recent weeks, we have identified I-140 petitions that have been held up because of visas are not available. These filings are placed in the workflow by I-140 processing date within the range of those that were processed after having been filed independent of an adjustment application. The instance of delayed I-140 adjudication should decrease significantly. Petitions that are outside of the posted processing dates can be raised to our attention through the 1 800 customer service number. Officers in the Call Centers will issue a service request if a call about the status of an application is received one day beyond the processing time listed on the website.
wallpaper sad quotes about pain. sad
To the core group/Senior Members,
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
If I understand it right, the ability to concurrently file I40/I485 was introduced by the legacy INS through a memo in July of 2002 and it went effective almost immediately on July 31st 2002. I've tried to search for news archives on different law websites and to best of my knowledge it was purely an executive decision taken by INS governing body and no congressional or judicial intervention was needed to allow concurrent filing. In a very similar fashion, the new USCIS has indicated that it wants to discontinue concurrent filing in near future...an executive decision again.
Is it a possibility to get an audience with the USCIS director/start a letter campaign with the goal of getting them issue a memo allowing filing of I485/EAD even if the visa number is not available? The adjucation of the case would obviously happen only after visa number becomes available but as we all know this will be a big relief for all those who want to use AC21 provisions.
Passage of CIR/SKIL is very important in the longer run to reduce the overall greencard processing time and alleviate heavy backlogs but if we get this small relief right now it would help a lot of individuals from retrogressed countries waiting to file I485...and the good thing is, it looks like USCIS might have the ability to effect this change without a lengthy legislative process.
Any thoughts ??
I totally agree with you. USCIS can take a decision without any BILL from the congress. I already sent a letter to USCIS director. I think IV should contact USCIS director and ask help regarding retrogression. We ,5000 members, can send letters to USCIS director and WHitehouse. They will listen to us.
Good luck..
I have the same question, currently I am on EAD and no H1B visa. Can I elibible for financial aid?
Please advice what options I have to procure loan either that is financial aid or other alternatives.
Thanks,
Matt
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
Please advice what options I have to procure loan either that is financial aid or other alternatives.
Thanks,
Matt
Hi
For all those who are doing Online MBA/part time was any one successful in getting a financial aid through FASFA? If not FASFA what are other alternatives? like loans from bank etc?
When I applied for financial aid they told me that since I dont have my greencard Im not eligible
Thnks
Sanjay
2011 sad quotes about pain and love
I am not jealous of computer workers, I pity their life, their overall ignorance about things around and their unwarrented arrogance.
what do u do for a living man?
what do u do for a living man?
At the end of the day, its comes to ones preferences.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
You have said what exactly what I want to say. I have built a business here and it is been around for eight years. My customers, products, services, connections, knowledge and experience, etc., etc. I can not move them with me. They are from this country and for this country only.
The way i look at, after spending so many years in states, its just hard to pack and move. Over the period of time, we make friends, we have familes and above all we invest the best years of our lives.
Pros and cons will be everywhere.
India no doubt has changed a lot. One can debate about the pros and cons the whole day. I dont think money is a problem in india any more. The economy is growing like anything and will keep on growing. No doubt about it.
I am sure folks who have spent 7-8 years in this country and are still trying to settle down, will love every oppurtunity to settle down here. Because this country is like our home now. We have given it everything. We have made sincere efforts in helping the American economy grow.
Even if we move to other countries, there is no gurantee we will be treated good. We have to start from scratch, make friends, earn peoples respect and trust.
Sometimes i feel sad when people talk about leaving the country, to whom they have given everything.
I will like to ask everyone one question.
Why not give one good shot at trying to fix the broken Employement-Based green card system? What are we all scared off? We never did anything wrong, so why do we need to leave the country?
Folks think about it.
I am sorry if i offended anyone, but this is what i feel.
I believe in fixing things then running away from them. Thats my take.
GO IV GO
TOGETHER WE CAN
You have said what exactly what I want to say. I have built a business here and it is been around for eight years. My customers, products, services, connections, knowledge and experience, etc., etc. I can not move them with me. They are from this country and for this country only.
Where does it say in the bulletin that it will move in the next bulletin?
QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
QUOTE=sammas;1968386]Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck![/QUOTE]
We should compare the processing date at NSC / TSC with the erroneous receipt date they show in the online case status. Their computer systems are more likely to have recorded that date than the presumably hand-typed receipt date on our I-485 receipt notices......
My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.
Hi srkamath
My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?
Thanks
My actual receipt date is July 2nd, but the online case status shows Aug23 rd, i'm not expecting anything to happen until TSC proc. date gets past Aug 23rd.
Hi srkamath
My actual RD is 2nd July, my notices show it as 30th of July. Do you think we should try you get that corrected? Is that posssible at all?
Thanks
2010 quotes on sadness and pain.
Nrc2008063600
We can go all day, moving blame from Fresh students to desi consulting companies to US immigration policies. I feel that part of the problem lies on the hiring company/client as well. These days, they want to spend 40 dollars per hour for a person with 10 years of exp in Java + dot net + ETL + BO + Mainframe. Client wants that person to work like a superman during the normal business hour (8 AM to 5 PM) and they want the same person to work like a Batman (from 7 PM to 1 AM) with off shore. On weekends he also becomes Spiderman and flies to all corners of the US to support different clients/projects. Now....imagine a combination of Superman+Batman+Spiderman in 40 dollars per hours?? They get a 23 years old guy having 10 years of experience on his resume....through a desi consulting company. Who is at fault? The person who faked the resume? The person who tried to sell his resume? Or the entity who wants a combination of Superman, Batman and Spiderman in 40 dollars per hour? I am yet to find an answer!
hair love poems emo. emo quotes
I think USCIS is under department of homeland security.
Department of State is mainly for travel.
Department of State is mainly for travel.
Thanks for the update.
hot emo love quotes and sayings
Finally just received THAT email. "Current Status: Card production ordered"
PD Sep 2001
EB3 India.
PD Sep 2001
EB3 India.
house quotes about emotional pain.
rajuram,
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
thanks for reading and thanks for keeping the tone- even the complaints- civil. i did not intend to offend, if i did you have my apology.
i'm serious about joining your state chapter, a lot of oncoming action including contact and phone and webfax will be coordinated through the chapters.
please consider it. thanks again!
tattoo Boys love quotes - Pain
Can I handover my I-485 application personally on Monday at Nebraska?
Please advise.
Please advise.
pictures emo quotes about love and
As in, if you have a delivery confirmation from Fedex/UPS does it have any significance? It is still not clear if it will be accepted/ rejected AFAIK.
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
Have there been any applications that were not even "accepted" because the "packet" suggested it was an AOS application?
More likely, applications can be rejected for being "improperly filed" but you would only come to know about it whenever they are rejected. No one would know this in advance, so no point worrying about it.
dresses quotes on pain. Pain.
Bumping /\/\/\/\/\/\/\/\/\/\/\/\
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
dont give up!
I am sure many members will come forward tomorrow to help you with this task. This is an ongoing task and is helping us a lot. Our membership and search engine rankings are growing too.
makeup house sad quotes about pain
I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.
It's a pity to be desperate. But it's requires supreme stupidity to achieve this kind of cynicism. No I am not "That Lawyer" or his employer.
Before emptying the garbage in your mind, you wouldve done well to read my posts carefully.
It's a pity to be desperate. But it's requires supreme stupidity to achieve this kind of cynicism. No I am not "That Lawyer" or his employer.
Before emptying the garbage in your mind, you wouldve done well to read my posts carefully.
girlfriend quotes about emotional pain.
If you see the letter and spirit of clause in the said notification, an employment letter is not required and adjudicator has to send RFE if he feels required. File with latest paystubs. If RFE sent to you , then again file latest paystub to show that you was in employment with that employer from the date of filing 485 petition and for at least another 6-7 months further to that date.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.
Having looked at older posts (here or other threads) by Pappu and others, I think although adjudicator will usually send an RFE there is no guarantee it won't be outright rejected. Secondly, in which application form/ press release etc is ANYTHING AT ALL mentioned about paystubs? On the other hand, the I-485 applocation form instructions clearly say the employment letter is required.
hairstyles sad quotes about love and pain
Nrc2008063600
Thanks
You can get much more data regarding PD of various categories at .
http://www..com/usa-immigration-trackers/i485-tracker1/
If you are filtering on the basis of application status = pending you will get much more uptodate applications than the static one as per this poll.
Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.
You can get much more data regarding PD of various categories at .
http://www..com/usa-immigration-trackers/i485-tracker1/
If you are filtering on the basis of application status = pending you will get much more uptodate applications than the static one as per this poll.
Interesting thing (not in a good way) to note is most EB3 India (even whose priority dates are as back as 2003-2002) have filed in June/July.
I e-filed my EAD and AP;but when I sent the supporting documentation to the PO Box in Mesquite,Texas;it was not delivered on Friday,a notice was left.I am very anxious if it comes back.Is there a Phone Number I can call to ask them Reason for Non-delivery;what should I do???Is there an address different from the PO Box where I can FEDEX
