March Bulletin Out ..

[TheElusiveGC]

Recaptured unused GCs?

Millions of people have wanted to come here, but not that many employers were hiring foreigners until around 1998 and the dot-com boom. So family-based categories have been seriously retrogressed for a long time, but EB categories have mostly remained current or had nothing more than slight retrogression until recent years.

In 1998 and beyond, the employers increased their hiring of skilled foreigners and the US government more than doubled the H1B quota for a few years ... so the natural consequence of that was an eventual increase in employment-based green card applications. That was offset somewhat for a few years (I think 2001-2004) by recapturing unused green cards from prior years. Once the recaptured green card numbers ran out, serious retrogression kicked in. But they went overboard with it, leaving some 11,000 green cards unused for FY 2006, and then having to do a big jump-forward of the dates in June 2007 followed by the "all current" fiasco in summer 2007 to use up the remainder of the quota after having approved very few up until that point of the year.

Jack,

Do you know how the recapture came about. Did it require a legislation or was it at USCIS' discretion? I read at a few places that there still are a couple hundred thousand unused numbers, what if anything needs to be done to recapture those. Appreciate you still hanging around and responding to queries even after getting your GC.

 

[Jackolantern]

The recapture was from legislation, and under current law the next recapture can only be from legislation (however, some of the failed immigration bills last year included automatic rollover of unused visa numbers).

 

[WannamyGC]

PD now past due...

You've probably been stuck in name check. With your PD becoming current and the new rule to bypass the name check, you should have a good chance of getting approved in the next 1-3 months.

Jackolantern,

Based on your knowledge what are my chances of getting the GC this year.

VB now is Jan 05 for the rest of the world
MY info
PD Feb 03 (It took about 4,5 years to approve my LC)
140/485 - Aug 07 Pending

It will be my 9th year with H1b now and looks like this is endless.
I saw that your PD is similar than mine..

I just need some direction of this entire thing ..

Cheers

 

[gcaa]

Jackolantern,

Based on your knowledge what are my chances of getting the GC this year.

VB now is Jan 05 for the rest of the world
MY info
PD Feb 03 (It took about 4,5 years to approve my LC)
140/485 - Aug 07 Pending

It will be my 9th year with H1b now and looks like this is endless.
I saw that your PD is similar than mine..I just need some direction of this entire thing ..

Cheers

though comparing priority dates may be a good guideline but it is difficult to say why another person with a similar PD got GC earlier. I also see from your signature your I-485 is pending since about 8 months only. But if you are current you may either open a service request or take infopass appointment to get more info.
Also has your I-140 been approved ??

GC recd: 06/07

 

[WannamyGC]

though comparing priority dates may be a good guideline but it is difficult to say why another person with a similar PD got GC earlier. I also see from your signature your I-485 is pending since about 8 months only. But if you are current you may either open a service request or take infopass appointment to get more info.
Also has your I-140 been approved ??

GC recd: 06/07

No my I-140 is pending... I filled everything on Aug 16 07 .I Have my EAD also.
It really sux . My lawyer said it would all depend on the VB being current. Now I am past due more than 2 years. At the time of filling I-140/I-485 had a 6 months processing time.
I just would like to know if someone is in the same boat.
Thanks GCAA aynway

 

[WannamyGC]

how to open a SR?

though comparing priority dates may be a good guideline but it is difficult to say why another person with a similar PD got GC earlier. I also see from your signature your I-485 is pending since about 8 months only. But if you are current you may either open a service request or take infopass appointment to get more info.
Also has your I-140 been approved ??

GC recd: 06/07

How do I open a service request ? I had my lawyer calling today and the IO said it is still pending ? Can this SR give me a better reply than just pending ?
My new lawyer is extremely helpful and cooperative with me...

 

[Jackolantern]

Jackolantern,

Based on your knowledge what are my chances of getting the GC this year.

VB now is Jan 05 for the rest of the world
MY info
PD Feb 03 (It took about 4,5 years to approve my LC)
140/485 - Aug 07 Pending

It will be my 9th year with H1b now and looks like this is endless.
I saw that your PD is similar than mine..

PD is similar, but my I-485 was already waiting for more than 2 years by the time it was approved. Generally, if you are approved in less than a year after filing the I-485 you should consider yourself lucky. But it has happened for some.

 

[Jackolantern]

How do I open a service request ? I had my lawyer calling today and the IO said it is still pending ?

Don't open the service request until your PD is current (it's not current now, it only becomes current in March) and your I-485 filing date is older than the processing time they have published for your service center (which are May and July for Texas and Nebraska respectively so you are not there yet).

To open a service request, call (800) 375 – 5283 and say you want to open a service request because your I-485 adjustment of status is "outside the processing time". Have the I-485 receipt in your hand so you can read off the details if necessary.

Once you open a service request, they generally won't accept another one from you for 45 days, so don't waste time calling them unless your case is eligible for them to take action on it (PD must be current, and your I-485 filing date older than the processing time).

 

[gcaa]

How do I open a service request ? I had my lawyer calling today and the IO said it is still pending ? Can this SR give me a better reply than just pending ?
My new lawyer is extremely helpful and cooperative with me...

as jackolantern said, open a service request after you are current and your case falls within the processing times. so if you are becoming current on march 1, you may want to call them after that, explain the case & have them open a service request. they should respond in few weeks. also, it may not hurt to get an infopass apptmt especially if you have a center close to where you live or work. take your original receipts etc when you go for the apptmt.

GC recd: 06/07

 

[WannamyGC]

PD is similar, but my I-485 was already waiting for more than 2 years by the time it was approved. Generally, if you are approved in less than a year after filing the I-485 you should consider yourself lucky. But it has happened for some.

I got stuck for a while with the LC , for some stupid reason. Why took you so long for your i-485 ?

 

[WannamyGC]

Don't open the service request until your PD is current (it's not current now, it only becomes current in March) and your I-485 filing date is older than the processing time they have published for your service center (which are May and July for Texas and Nebraska respectively so you are not there yet).

To open a service request, call (800) 375 – 5283 and say you want to open a service request because your I-485 adjustment of status is "outside the processing time". Have the I-485 receipt in your hand so you can read off the details if necessary.

Once you open a service request, they generally won't accept another one from you for 45 days, so don't waste time calling them unless your case is eligible for them to take action on it (PD must be current, and your I-485 filing date older than the processing time).

Thanks will do. 2 months , the I-140/I-485 were 6 months processing time. but my PD was not current. I cannot see a retrogress on this situation anymore , but you never knows... When are they realising the new processing times ?

 

[WannamyGC]

as jackolantern said, open a service request after you are current and your case falls within the processing times. so if you are becoming current on march 1, you may want to call them after that, explain the case & have them open a service request. they should respond in few weeks. also, it may not hurt to get an infopass apptmt especially if you have a center close to where you live or work. take your original receipts etc when you go for the apptmt.

GC recd: 06/07

Thanks GCAA . I guess I have to wait for my I-140 to become current. Before was current ,now it is not anymore. At least I see a light in the end of this endless tunnel..I do not want to make any move jobwise , I need to secure that thing first... back to the waiting room....It is so frustrating that I cannot even check my case online due to a glitch in their system. I type my SRC then get an error message , do not know even if I had LUD's.

 

[Jackolantern]

I got stuck for a while with the LC , for some stupid reason. Why took you so long for your i-485 ?

The big retrogression of 2005 hit me. Most who got approved in summer 2007 had their I-485 pending since 2005 or before.

 

[WannamyGC]

Wow..I did not even know about the 2005 retrogression (was that bad ?) ..I was in the row for the LC approval...In my case those DAMN lawyers hungry for your money , was always deceiving me...Because of that I took a step forward and now I am monitoring it closely with a new lawyer. At least took you 4 years and change...I am going to the 5 th year now..

 

[Jackolantern]

Wow..I did not even know about the 2005 retrogression (was that bad ?)

It was that bad, and even worse.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

 

[Chicago Desi]

Yeah it was and there are many, like myself, who are still suffering.

It was that bad, and even worse.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

 

[michael_holding]

just an FYI folks, approvals are happening. mine is eb2 india which is unavailable, but still i got the approval notice few days ago, but i have been waiting since mid 2005. i did open service requests and pushed thru senator's office last year when everything was current. maybe that work paid off now.

 

[Jackolantern]

PD Feb 03 (It took about 4,5 years to approve my LC)
140/485 - Aug 07 Pending

They just published the new processing times. See https://egov.uscis.gov/cris/jsps/ptimes.jsp?

They haven't reached August 07 yet for the I-485, so you don't yet have a basis for a service request.

 

[indian_gc_ocean]

just an FYI folks, approvals are happening. mine is eb2 india which is unavailable, but still i got the approval notice few days ago, but i have been waiting since mid 2005. i did open service requests and pushed thru senator's office last year when everything was current. maybe that work paid off now.

congratulations michael_holding on your approval. I am extremely happy that finally all those LC Sub, NOID, EVL, AC21, contract-to-hire... issues all worked out fine. I am very happy for you.

 

[StonedAnt]

This really blows!! Last month, TSC was servicing 485s for May 24, 2007 requests, and now they have gone back to April 10, 2007. No break in sight anytime soon, my RD is May 29, 2007....*sighs*.


Stoned!