2003 Consolidated Tracker ONLY (140/EAD/AP/FP/485)
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catch_22_4_GC
Registered Users (C)
EB3 Retrogression - Light at end of tunnel
EB3 Retrogression...Light at End of Tunnel
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On April 21, 2005 Senate has passed on Appropriations Bill H.R. 1268. An amendment in this bill relates to EB3 retrogression by recapturing all unused visa numbers for EB3 category for year 2001, 2002,2003 and 2004 and reserving 50 % of such numbers to nurses and the balance to Engineers. The bill now moves to the House for debate and voting.Check this out...More to come! Also check out Shusterman.
http://hutchison.senate.gov/speec438.htm
Language: The language, as modified and accepted by unanimous consent was amendment #0379 to HR 1268.
Reads: On page 231, between lines 3 and 4, insert the following new section:
Recapture of Visas
Sec.6047. section 106(d)(2)(a) of the American competitiveness in the twenty-first century act of 2000 (PL106-313; 8 USC 1153 note) is amended-
(1) in paragraph (1), by inserting before the period at the end of the second sentence "and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001,2002,2003 or 2004 and the number of such visas that were actually used in such fiscal year shall be made available only to employment-based immigrants and the dependants of such immigrants, and 50% of such visas shall be made available to those whoseimmigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor"; and
(2) in paragraph(2)(A) by striking "and 2000" and inserting "through 2004"
Explanation: Nurses enter the U.S. under the so-called EB-3 immigration category. They primarily enter the U.S. from the Philippines, India, and China. Each of these countries has an annual cap and within that cap a limit on the numbers who may enter the U.S. in each category. Nurses often compete for green cards with other high-tech workers. Because of a backlog in processing these visas, the INS (now the USCIS) has decided to cut-off processing entrants who have filed applications after January 1, 2002. This means that new applicants will be cut off altogether this year.
The above language is modeled on similar language included in the American Competitiveness in the Twenty-First Century Act (title I of Pub. L. 106-313, enacted on October 17, 2000). This Act recaptured those employment-based numbers that were available but not used in fiscal years 1999 and 2000, thus creating a pool of numbers which could be allocated to EB categories once their annual limit were reached. The new language would recapture the unused numbers from 2001-2004, which, again, would alleviate the arbitrary caps and enable qualified nurse applicants to once again be processed.
EB3 Retrogression...Light at End of Tunnel
--------------------------------------------------------------------------------
On April 21, 2005 Senate has passed on Appropriations Bill H.R. 1268. An amendment in this bill relates to EB3 retrogression by recapturing all unused visa numbers for EB3 category for year 2001, 2002,2003 and 2004 and reserving 50 % of such numbers to nurses and the balance to Engineers. The bill now moves to the House for debate and voting.Check this out...More to come! Also check out Shusterman.
http://hutchison.senate.gov/speec438.htm
Language: The language, as modified and accepted by unanimous consent was amendment #0379 to HR 1268.
Reads: On page 231, between lines 3 and 4, insert the following new section:
Recapture of Visas
Sec.6047. section 106(d)(2)(a) of the American competitiveness in the twenty-first century act of 2000 (PL106-313; 8 USC 1153 note) is amended-
(1) in paragraph (1), by inserting before the period at the end of the second sentence "and any such visa that is made available due to the difference between the number of employment-based visas that were made available in fiscal year 2001,2002,2003 or 2004 and the number of such visas that were actually used in such fiscal year shall be made available only to employment-based immigrants and the dependants of such immigrants, and 50% of such visas shall be made available to those whoseimmigrant worker petitions were approved based on schedule A, as defined in section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor"; and
(2) in paragraph(2)(A) by striking "and 2000" and inserting "through 2004"
Explanation: Nurses enter the U.S. under the so-called EB-3 immigration category. They primarily enter the U.S. from the Philippines, India, and China. Each of these countries has an annual cap and within that cap a limit on the numbers who may enter the U.S. in each category. Nurses often compete for green cards with other high-tech workers. Because of a backlog in processing these visas, the INS (now the USCIS) has decided to cut-off processing entrants who have filed applications after January 1, 2002. This means that new applicants will be cut off altogether this year.
The above language is modeled on similar language included in the American Competitiveness in the Twenty-First Century Act (title I of Pub. L. 106-313, enacted on October 17, 2000). This Act recaptured those employment-based numbers that were available but not used in fiscal years 1999 and 2000, thus creating a pool of numbers which could be allocated to EB categories once their annual limit were reached. The new language would recapture the unused numbers from 2001-2004, which, again, would alleviate the arbitrary caps and enable qualified nurse applicants to once again be processed.
Hi Guys,
I am soooooooo happy today my feelings has no boundaries, My 485 got approved today............I got the emails this morning saying that "This case has been approved. On April 23, 2005, an approval notice was mailed."
My details
EB3, PD -Jan 2002, India, No RFE's
485 RD - March 2003
485 Approval date: 04/23/05
FP1 01/08/05, FP1 RD 03/24/05
Thanks to Rajiv Kanna for this special web site where lot of people could share their info.
I am soooooooo happy today my feelings has no boundaries, My 485 got approved today............I got the emails this morning saying that "This case has been approved. On April 23, 2005, an approval notice was mailed."
My details
EB3, PD -Jan 2002, India, No RFE's
485 RD - March 2003
485 Approval date: 04/23/05
FP1 01/08/05, FP1 RD 03/24/05
Thanks to Rajiv Kanna for this special web site where lot of people could share their info.
LegalFrustrated
Registered Users (C)
AHH477 said:
Congrats !!!!!!!!!!!!!!!
looking4green said:As I mentioned earlier, USCIS said my case is pending because of security check. Today I received email from FBI says in other way
"A review of the FBI's Name Check Program database concerning "xxxxxxx XXXXXX" revealed a request was received from the United States
Citizenship and Immigration Services (USCIS) on October 3, 2003 and it
was completed also on October 3, 2003. The results were forwarded to the
USCIS Headquarters in Washington DC."
Now I donno what to do
Thanks
How long did it take for FBI to send a response to your email?
Thanks
looking4green
Registered Users (C)
Mailed them in 2004 Nov
I had mailed them in 2004 Nov.
patnams said:
I had mailed them in 2004 Nov.
VErmont RFEs responses are stopped/slow!...
v_k_g,
1. Employment verification
2. Salary verification
3. Ability to financially support oneself (bank statement) and that you will not be a "public charge"
4. W2's for past 2 years (yourself + spouse if applicable)
5. MEdicals (spouse -- if applicable)
and sure there could be more....
These are just some of them at 485 RFE's.
PLEASE CONFIRM the validity of the above mentioned, I am neither a lawyer nor well-versed in these matters.
I personally have responded to an RFE and have belonged to this thread of the forum for past 3 years(no Green card yet) it's been 4 full years and still counting...
LAst interaction with USCIS was by telephone to check on the status of my RFE - 15 weeks from submitting the documents, no response, nothing!
VERmont seems to be having a problem with RFEs' ...anyone in the same boat?...I have put in a status enquiry, ...sit tight for 30 days...what else can I do...anyone has any ideas as to what is happening at vermont?
Please help.
Regards,
EtchoneB
v_k_g,
1. Employment verification
2. Salary verification
3. Ability to financially support oneself (bank statement) and that you will not be a "public charge"
4. W2's for past 2 years (yourself + spouse if applicable)
5. MEdicals (spouse -- if applicable)
and sure there could be more....
These are just some of them at 485 RFE's.
PLEASE CONFIRM the validity of the above mentioned, I am neither a lawyer nor well-versed in these matters.
I personally have responded to an RFE and have belonged to this thread of the forum for past 3 years(no Green card yet) it's been 4 full years and still counting...
LAst interaction with USCIS was by telephone to check on the status of my RFE - 15 weeks from submitting the documents, no response, nothing!
VERmont seems to be having a problem with RFEs' ...anyone in the same boat?...I have put in a status enquiry, ...sit tight for 30 days...what else can I do...anyone has any ideas as to what is happening at vermont?
Please help.
Regards,
EtchoneB
v_k_g said:
gcWaitWay2Long
Registered Users (C)
any approvals???
Are there no people who applied for 485 in 2003 and who are wating for their approvals or are the approvals from VSC this slow?? The wait sure is terrible. Does it really help if you approach a congressperson to help you with getting the case expedited?? If so how do you get in touch with a congressperson?? Are the congressional workers eager to help you out or are they also like VSC with queues to form queues to get in touch with them... Looking at the immigration system here, it feels like its not a whole lot different/ in some cases worse than a third world contry's system.... How bad can any system be right?? If some place has a bad or worse immigration system than this one maybe we'd have to redefine bad or worse at that point!!
1-485 --> ND/RD Dec 2003
Approval --> ????????????????
Are there no people who applied for 485 in 2003 and who are wating for their approvals or are the approvals from VSC this slow?? The wait sure is terrible. Does it really help if you approach a congressperson to help you with getting the case expedited?? If so how do you get in touch with a congressperson?? Are the congressional workers eager to help you out or are they also like VSC with queues to form queues to get in touch with them... Looking at the immigration system here, it feels like its not a whole lot different/ in some cases worse than a third world contry's system.... How bad can any system be right?? If some place has a bad or worse immigration system than this one maybe we'd have to redefine bad or worse at that point!!
1-485 --> ND/RD Dec 2003
Approval --> ????????????????
gcWaitWay2Long
Registered Users (C)
second approval...
hey NNF, they seem to like you out there man... Which service center sent you the second approvals after you got the GC?? is the case number on the second approval same as your original application case number??
hey NNF, they seem to like you out there man... Which service center sent you the second approvals after you got the GC?? is the case number on the second approval same as your original application case number??
Still waiting for Approval ND 08/20/03
No word about approval till date. I was so frustrated and went to local office to see what is happening to my case. The immigration officer said there is no problem with my case and waiting for visa number to be allocated. Once visa number is allocated you will get your 485 approved but is that true I was under the impression that when finger print notice is given visa number is allocated at that time. Can any one please explain when do they allocate visa number? I told them to do inquiry on my case. But when I called FBI analyst(Diane Berger) 1 month ago she told me that they didn't complete name check.
Is anyone waiting for there approval who are in this time frame?
GC7
I140 ND 06/25/03 AD 05/22/04
I485 ND 08/20/03 AD ?????
Finger prints 10/19/04
EAD 3rd ND 02/10/05 AD 03/17/05
No word about approval till date. I was so frustrated and went to local office to see what is happening to my case. The immigration officer said there is no problem with my case and waiting for visa number to be allocated. Once visa number is allocated you will get your 485 approved but is that true I was under the impression that when finger print notice is given visa number is allocated at that time. Can any one please explain when do they allocate visa number? I told them to do inquiry on my case. But when I called FBI analyst(Diane Berger) 1 month ago she told me that they didn't complete name check.
Is anyone waiting for there approval who are in this time frame?
GC7
I140 ND 06/25/03 AD 05/22/04
I485 ND 08/20/03 AD ?????
Finger prints 10/19/04
EAD 3rd ND 02/10/05 AD 03/17/05
What is happening at VSC?...
Friends,
Just talked to someone who is 3+ years in 485 stage!
Don't know what the deal is at vermont with RFEs.
When does the FBI Name check happen?...can it happen after getting (and responding back to USCIS for) an RFE for W2s+spouse medicals, et all. My lawyer told me that I am past the FBI name check stage since I already got an RFE is that true?
Some one please help and shine a light on this!
Regards,
EtchoneB
Friends,
Just talked to someone who is 3+ years in 485 stage!
Don't know what the deal is at vermont with RFEs.
When does the FBI Name check happen?...can it happen after getting (and responding back to USCIS for) an RFE for W2s+spouse medicals, et all. My lawyer told me that I am past the FBI name check stage since I already got an RFE is that true?
Some one please help and shine a light on this!
Regards,
EtchoneB
GC7 said:
gcWaitWay2Long
Registered Users (C)
EB3 2003 485 filers
GC7 and etchoneb, what is the category in your 140 application?? was it EB3 by any chance?? I have been applied in the EB3 category as well and I was reading up stuff about the categories and stuff on Sheela Murthy's website and I believe there is a "Visa Bulletin" that DHS/ BCIS releases middle of every month or so which has the timelines of the visas available for each category.... and shockingly per that document the visas available for EB3 category applicants are for the applications that have a priority date of Jun '02..... So if your priority date on your application is Jan '03 you'd have to wait till the visa availability date moves upto your priority date, even though the notice date on your 485 app. is Jun '03... Or atleast thats the way I understood how the "visa availability" process worked.... Could somebody shed some light on this please and confirm if thats the way the process works.
Visa bulletin ---> http://travel.state.gov/visa/frvi/bulletin/bulletin_2252.html
--> slavery or bonded labor in the 21st century is called "Immigration Process"
GC7 and etchoneb, what is the category in your 140 application?? was it EB3 by any chance?? I have been applied in the EB3 category as well and I was reading up stuff about the categories and stuff on Sheela Murthy's website and I believe there is a "Visa Bulletin" that DHS/ BCIS releases middle of every month or so which has the timelines of the visas available for each category.... and shockingly per that document the visas available for EB3 category applicants are for the applications that have a priority date of Jun '02..... So if your priority date on your application is Jan '03 you'd have to wait till the visa availability date moves upto your priority date, even though the notice date on your 485 app. is Jun '03... Or atleast thats the way I understood how the "visa availability" process worked.... Could somebody shed some light on this please and confirm if thats the way the process works.
Visa bulletin ---> http://travel.state.gov/visa/frvi/bulletin/bulletin_2252.html
--> slavery or bonded labor in the 21st century is called "Immigration Process"
08/19/2003
Hi GC7,
Mine is also stuck somewhere. 485 ND 08/19/2003. What is your priority date ? My I140 says June 13 2000 but looks like same case as you. What is process of enquiring from local office. My case is not transferred.
Thanks
485 ND 08/19/2003
Hi GC7,
Mine is also stuck somewhere. 485 ND 08/19/2003. What is your priority date ? My I140 says June 13 2000 but looks like same case as you. What is process of enquiring from local office. My case is not transferred.
Thanks
485 ND 08/19/2003
GC7 said:
Guys all we can do is wait for BCIS blessings....everyone waiting here will get their turn, when nobody knows.....I requested enquiry on my case on March 13th got a reply saying "Pending Services" and my wife case was waiting for "Visa availability", so I am hoping as my PD is 10/2002 we have to wait for a month or two before we even think of someone at BCIS touching our files.