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  • Yes, you are right. Cases are assigned (not picked), which is done in order they were physically received at the center they are being assigned at. If PD is not current, case is put aside and next file is considered. Due to huge filings in July'07, resultant chaos, and shuffling cases around between centers before entering them in the system, if your file is way below in line (eventhough you deligently made sure to have it with USCIS on July 2, AND your PD is current), no one is going to look at your file, until your turn (in order of final data entry) reaches.

    If I recall correctly, I saw many posts about people called to ask about their 485 case status. And many got response as NC is cleared, waiting to be assigned to a IO and/or waiting for visa number.
    That is why I think when you are current, you are then have a chance to be assigned to an IO, and then be able to get a visa number. I don't think cases have been assigned to IO when CIS receive your I-485 form. And if you look at 's data, many of old PD have been approved, even if their RD is 2008. So I think RD only plays a rule as control how many people can do SR. It is not matter about they will process your case if you are within processing time at all. When your PD is current, you have a chance.

    On Ron's website, he talks about this move in Feb. He thinks there's not enough cases processed(not meet VO's goal) for EB2 China and India, that is why dates move forward. For EB-3, CIS meets VO's goal for the month so VO doesn't advance the date.

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  • Not entirely true, I switched job a couple of months ago - filed for AC21. I got an acknowledgment from USCIS for the same - stating that it will be added to my file, to be reviewed when my application is processed.

    Well both are true - but most cases do not reach the file.

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  • How do I find out the processing dates for Montreal Consulate just in case I choose to go CP route.

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  • The Ombudsman agrees with the assessment of many case workers and supervisors at USCIS field offices and service centers that the FBI name check process has limited value to public safety or national security, especially because in almost every case the applicant is in the United States during the name check process, living or working without restriction.

    The Ombudsman recommended in the 2006 Annual Report (at p. 25) that the FBI name check process be re-examined. Delays in the name check process actually prolong an individual’s presence in the United States while the check is pending. In this sense, the current USCIS name check policy may increase the risk to national security by extending the time a potential criminal or terrorist remains in the country.
    Name checks do not differentiate whether the individual has been in the United States for many years or a few days, is from and/or has traveled frequently to a country designated as a State Sponsor of Terrorism, or is a member of the U.S. military. Many individuals subject to lengthy name checks are either already green card holders or have been issued Employment Authorization Documents (EADs). These documents allow them to receive Social Security cards and state drivers’ licenses. Most green card applicants are also eligible to receive advance parole enabling them to travel outside the United States and return as long as their cases are pending, which can be for many years under the current process. (page 43)
    As Dawn Lurie, a Vienna immigration lawyer, put it: "If there's a security reason [for the delay], then what are those people still doing here? . . . And if there isn't a security reason, then why are we making them wait for so long?" (Washington Post (
    FBI name checks disclose information to USCIS that is otherwise not available. Information contained in 39 [percent] of the FBI positive responses (letterhead memoranda) received in FY 06 was not contained in IBIS/TECS, USCIS’ primary background check tool. . ..

    Use of the 39 percent positive response rate as referenced by USCIS to justify continuing this program may exaggerate the value of the FBI name check. It is unclear how many of the FBI name check “responses” also were revealed by one or more of the other security checks conducted for the applications. To date, the Ombudsman has been unable to ascertain from USCIS the total number of actual problem cases that the agency discovered exclusively as a result of the FBI name check. The Ombudsman understands that most, if not all, of the problem cases which would result in an eventual denial of benefits also can be revealed by the other more efficient, automated criminal and security checks that USCIS initiates.
    While USCIS declined to provide the number or percentage of annual name checks that result in denials, the FBI has reported that less than 1 percent of 1.5 million names are ultimately tied to potentially damaging information.(Washington Post (

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  • Do you see any possible forward movements in Nov 08 bulletin? EB2? EB3?
    Any educated guesses, rumours, inside news etc? Not that it will change anything but by now USCIS would have taken stock of the situation and possibly updated their demand projections

    Here is some historical data for EB2-I (not that it will exactly help..)

    oct 05 - nov 99
    nov 05 - nov 99
    dec 05 - july 00
    jan 06 - jan 01

    oct 06 - jun 02
    nov 06 - jan 03
    dec 06 - jan 03
    jan 07 - jan 03

    oct 07 - apr 04
    nov 07 - apr 04
    dec 07 - jan 02 :)
    jan 08 - jan 00
    Feb-Mar 08 - U
    Apr 08 - Dec 03
    May 08 - Jan 04

    Guess What from NOV - 08 to July 09, the VB will have older Cut off dates and after July 09 DOS will open the flood gate and move the cutoff of to 2007 or even 2008.

    USCIS will start approve the cases with later PD's and the leave the older PD's on the air.

    It is a mess. I don't have any trust in USCIS

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  • Thanks for all the inputs. I still have not received the letter ( probably because of winter strom - delay with traffic) .

    Now if the Deniel is because of AC21 and 140 revoke , when we reply with MTR, should I sent copy of the AC21 letter we sent before or do we need to sent a fresh one ( employment verification letter ) ? The reason I ask this is when we originaly filed AC21 docs ( in Feb 2008) I was with Company2 . Now I am with company 3 ( just 2 months ). And good part of is company3 is well aware about the "same or similar " letter and is ready to issue the letter .


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  • If you want OCI, there are a few hoops to jump through -

    1. Apply for an Indian passport first.

    2. Once the Indian passport is issued, apply for the US passport.

    3. Return the Indian passport after the US passport is issued. The consulate should return the Indian passport back to you, but keep a photocopy in case they don't.

    4. Now you can apply for OCI on the grounds that your son once held an Indian passport.

    Absolutely wrong. Lot of misinformation here. You can very well apply for OCI for your child even if both of you are Indian citizens and the 4 steps mentioned above are just wrong. I would prefer OCI over PIO as mentioned in the other reply too, on PIO your child will have to register with the police station evry six months if stay is longer. OCI is valid forever while PIO is valid for 10 (or 5) years and OCI means you have all the rights but can't fight elections and vote.

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  • We need more friends, not less.

    USINPAC has been NOT helpful so far. It doesn't mean we should protest to them angrily and antagonize them. We can continue to seek their assistance (if they would offer any)

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  • So mpdapa can we expect you on Friday ?

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  • Ask them to get an International ATM card with Citibank or ICICI and just withdraw the money here in dollars after they send it to you. It might be around 3% to 5% for transaction charges. Otherwise just have it wired - definitely a fixed cost option. 30% is robbery - I heard even western union isn't that costly - check out their website

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  • Actually very true. I for one have held off on buying a gun (though my wife highly disapproves of guns) simply because I dont have a GC and dont want any hassles. Besides I live in Chicago which has a ban on guns. Ironic that the maximum killings and drive by shootings happen maybe 30-40 blocks from where I live but the city doesnt allow legal law-abiding residents to own guns.

    It isn't an outright ban. Chicago doesn't allow concealed carry, and requires guns to be registered, but you can own guns. Yes, the process for legally owning a gun in Chicago I understand is very tedious (sad, I know), but not impossible. Much like NYC.

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  • Please consider contributing, we need the money to lobby.

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    I think you can put a date atleast starting from when you are expected to receive the receipt notice. Once you have the notice, you could go to local USCIS office, show the receite and prove your emergent situation and request for immediate AP.

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  • yeah.. So another reason to keep looking at the visa bulletins now. Once i get a GC I buy a house and get a gun. The american dream. ;-)

    Thats my kind of dream. Just one addition to my list of things to do upon receiving my GC.

    I will buy a house, get a gun and JOIN A LOCAL RELIGIOUS PLACE and choose my lord and savior. Hey, I want a passport to the heaven from here, I don't want to stand in green card line of heaven or go to hell.

    BTW, move over here to WA state and you can buy a gun.


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  • President Obama wins the Nobel Peace Prize. Solving seemingly intractable international problems is chief on the President's foreign policy agenda. Hopefully, solving the immigration problem will remain chief on his domestic agenda.

    More... (

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  • most of you seem to presume spillover from future years flowing to India- is that guaranteed? how abt a surge of armenians or bangladeshis using up row #s, which I presume at some point will start moving and head toward C much much faster than India..we're all basically screwed & will be responding to rfe's on retirement day which will be truly sad if/when we have same/similar job then....

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  • Simple. COntribute to IV and work as a team. Are you ready?
    This is so outrageous! :mad:

    What can legals do then to change the situation? :confused:

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  • When i checked my status online, i saw that there was a LUD on my pending case on 10/7 and 10/8. Wondering there is a LUD, I called the NSC and the person on the phone told me that the case is being reviewed by an officer.

    My question is that if there are no numbers available, then why would there be a LUD on the case status. So has anyone else seen a LUD on their cases as recently as after Oct 1, 2008????

    MY PD is March 2006
    Filed 485 in July 2007.
    RD is Aug 2007.
    Category - EB2


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  • Thanks you all for the responses and help. We are searching for employers who can help me out in the situation. Most of them are thinking twice bcoz I am pregnant and have to take maternity leave within a 2- 3 weeks.

    Which will be the good option for me in this situation H1 transfer or EAD? I have EAD in hand, but never used. I like to maintain the status of H1-B as long as time permits. My husband is going to get health information next week once he joined in the job.

    YOu stated " 3. Even though my husband will get insurance with the new company, We are not sure that company will cover the pre-existing pregnancy that is in final stages".............

    THAT IS NOT TRUE. here is the fact

    1) Under HIPAA ACT , pregnancy CANNOT be considered as a pre existing condition by GROUP HEALTH coverage . This means you can also get health insurance by applying while u r pregnant.

    2) you have 30 days to enroll the baby after birth

    refer to these:

    Although, in my opinion the important thing you may want to know is "what is the waiting period for your husbands group coverage at his new job, is it 30/60/90 days?

    bottomline: if there is a waiting period for him(which means for you too inorder to enroll in his insurance) then you still have nothing to worry, you have COBRA.

    Either way you are SAFE and should be covered

    Like the other OP mentioned, Obamas adminstration passed a law where in you can tax deduct the cobra expenses too.

    So I dont see any problem whatsoever. So be cool, good luck to you and your family.

    I know some OP's are suggesting legal options, with all good intentions ofcourse, but personally, I would not think about it, atleast for now as you may agree that EOD mom and baby's health are paramount.


    1) I would go with travelers cheq's like "srinithati" mentioned. That way it wont be a problem asking someone to bring along with them when travelling from India to USA

    2) If you still have any money on your NRI account , check to see if its re-patriatable type. If you what-ever money you have on you URI account ( except the minimum balance you might need to keep you can convert back to dollars.

    3) May eb we should think about Hawala ( India -> USA ) due to these conversion rates

    Out of curiosity, what are your thoughts on ROW EB3?

    I wouldn't expect any movement for EB3 ROW. I'd be happy if it doesn't retrogress further or turn out to be "U". I Base my assumption on the horizontal spillover from EB2 ROW to the rest of EB2 categories. If there is any movement for EB3 ROW i would guess it would come sometime in the 4th quarter.

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