supender
09-21 01:33 PM
My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
My reasoning behind this is:
1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.
I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
Thanks
Pagal
09-22 09:17 AM
Hello,
The cards and notices for my family did multiple rounds of 'undelivered' mail .... it is quite frustrating as the USPS doesn't fail to deliver any and all junk mail, but doesn't blink twice before sending back the USCIS communication as undeliverable ... wish they were equally prompt with junk mail as well! :rolleyes:
It took about 4-6 weeks to resolve the drama ... didn't open SR, just called the standard USCIS number and changed the address to that of my lawyer ... lawyer received one card, other came to my home address and some notices were sent to an address that I had in 2005!!! Didn't bother with returned notices (welcomes and card production ordered etc) ... have our cards now and have also traveled abroad and returned to US with new cards without any issue...
In short, it is a hit and miss game ... but normally, it all works out fine in the end...
The cards and notices for my family did multiple rounds of 'undelivered' mail .... it is quite frustrating as the USPS doesn't fail to deliver any and all junk mail, but doesn't blink twice before sending back the USCIS communication as undeliverable ... wish they were equally prompt with junk mail as well! :rolleyes:
It took about 4-6 weeks to resolve the drama ... didn't open SR, just called the standard USCIS number and changed the address to that of my lawyer ... lawyer received one card, other came to my home address and some notices were sent to an address that I had in 2005!!! Didn't bother with returned notices (welcomes and card production ordered etc) ... have our cards now and have also traveled abroad and returned to US with new cards without any issue...
In short, it is a hit and miss game ... but normally, it all works out fine in the end...
anandrajesh
03-30 09:32 PM
No Bro. I told them when i came to US in 2000 the salary was 1/20 or 1/25 of what I can make in US. So US was an attractive option. Now the salaries in India are close to 10 lacs per annum, it turns out to be 1/4 or 1/5 of what i make here. With less taxes, less cost of living and facilities in india good enough i guess i live a happier life in India than here.
SO i was presenting him my point that moving back to India may turn out to be a wonderful decision than getting stuck here. If every highly qualified immigrant take this decision and leave, US will be at loss. I did manage to convince him that losing us is a bad thing for US economy. That is how he managed to portray my story in a good way.
SO i was presenting him my point that moving back to India may turn out to be a wonderful decision than getting stuck here. If every highly qualified immigrant take this decision and leave, US will be at loss. I did manage to convince him that losing us is a bad thing for US economy. That is how he managed to portray my story in a good way.
vegasbaby
02-23 12:40 AM
I have similar question about EB2 and experience with current employer
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
Yes. You can find a company B and ask them to process your case in EB2. Remember, GC is for future employment not current. So you can work for company A whereas your processing under EB2 thru company B can go ahead. However, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
more...
indyanguy
11-06 12:39 PM
Sorry if a related question is posted elsewhere. I searched and didn't find any thread that answers my question.
Any help is appreciated..
Thanks!
Any help is appreciated..
Thanks!
anilsal
01-11 03:03 PM
toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.
Thanks for coming forward with your frustration.
Thanks for coming forward with your frustration.
more...
ronhira
12-31 09:13 AM
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
flyfishertoo
June 24th, 2006, 05:02 PM
Sounds to me like it might be dust on the sensor. Look at your manual to see if it describes how to clean the sensor.
Hi,
I have had my D50 for 4 weeks now. I've just been on holiday and discovered that I'm getting a black circular spot near the top left of my pictures. The spot IS NOT visible through the viewfinder, only after I have taken the picture. With the aperture wide open, the spot is less defined, but if I close down to around F22 or similar, it becomes sharper & more pronounced. Also, it's not a lens problem, as I have tried both my lenses at ALL zoom focal lengths and it's still there. I have used a blower on the mirror but not sure what or where the problem is. Any ideas ?
Thanks !
Hi,
I have had my D50 for 4 weeks now. I've just been on holiday and discovered that I'm getting a black circular spot near the top left of my pictures. The spot IS NOT visible through the viewfinder, only after I have taken the picture. With the aperture wide open, the spot is less defined, but if I close down to around F22 or similar, it becomes sharper & more pronounced. Also, it's not a lens problem, as I have tried both my lenses at ALL zoom focal lengths and it's still there. I have used a blower on the mirror but not sure what or where the problem is. Any ideas ?
Thanks !
more...
gc28262
07-23 07:22 AM
India develops world's cheapest 'laptop' at $35 - dnaindia.com (http://www.dnaindia.com/india/report_india-develops-world-s-cheapest-laptop-at-35_1413493)
New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.
Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.
"We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.
He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.
Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.
The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.
India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.
New Delhi: India has come up with the world's cheapest laptop, a touch-screen computing device that will cost just $35.
Human resource development minister, Kapil Sibal, this week unveiled the low-cost computing device that is designed for students, saying his department had started talks with global manufacturers to start mass production.
"We have reached a (developmental) stage, that today the motherboard, its chip, its processing, connectivity, all of them cumulatively cost around $35, including memory, display, everything," he told a news conference.
He said the touch-screen gadget was packed with internet browsers, PDF reader and video conferencing facilities, but its hardware was created with sufficient flexibility to incorporate new components according to user requirement.
Sibal said the Linux-based computing device was expected to be introduced to higher education institutions from 2011, but the aim was to drop the price further to $20 and ultimately to $10.
The device was developed by research teams at India's premier technological institutes, the Indian Institute of Technology (IIT) and the Indian Institute of Science.
India spends about three% of its annual budget on school education and has improved its literacy rates to over 64% of its 1.2 billion population, but studies have shown that many students can barely read or write and most state-run schools have inadequate facilities.
GCNirvana007
08-22 04:48 PM
I believe there are very few left before April 1st 2004. EB2 I was stuck at April 1st 2004 for a long time and never moved from that date (excluding 2-3 times for a month or two when2006 people got approved). There will be lot of people from first half of 2004.
Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.
Since its till Jan 2005 this time i reckon its purely gonna be core 2004.
Yeah, before it went to Dec 1999, it was June 2004 i think and during the August 2006 current time lots of 2005s and 2006s got approved.
Since its till Jan 2005 this time i reckon its purely gonna be core 2004.
more...
ski_dude12
07-13 05:36 PM
Are you sure about that? Can you give your source that says
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
"You have to inform them of every small move even after citizenship is approved".
If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.
yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.
JunRN
07-17 01:59 AM
All I can expect at best is that "extend up to August"....meaning, from July to end August...but will it be "current"?
more...
marty
01-09 11:46 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
Thanks and I really appreciate it. No one knows whats happening to the processing times since the FY 2009 started. We really need to do something about it.
ras
07-05 03:52 PM
Guys,
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:
1st day for meeting at the state level chapters in respective states
2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.
I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .
When ?
First Saturday of the first week of November ? This way we do not disturb people's summer time vacations.
How does this help ?
First, it will help to meet State members face to face.
We can invite distinguished people to our meeting to give a speech, so we get press coverage.
We can decide our next steps.
Basically we can do a lot.
We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.
Every one please share your thoughts as what we can do in this annual meet.
I strongly agree with this proposal. Even if it doesn't yield too much, it definitely keeps the tempo and momentum in the community. I kind of propose two days:
1st day for meeting at the state level chapters in respective states
2nd day national meet. In the national meet, few representatives from the states take the messages from the previous state meet and discuss them at the national level. or some workable model, where we get the message from state meeting to the national meeting.
more...
Desertfox
11-11 07:27 PM
Ok, this applies to applicants who filed I-485 after 2007 fee increase, and those guys can renew their AP without any fee. From your profile its evident that you filed your I-485 before the fee increase and hence you are eligible for e-filing, and you will have to pay the required fee for your AP.
If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf
BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf
BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)
I just read the instructions for E-filing of AP. This is what it says -
Who is Not Eligible to e-File This Form:
You are not eligible to electronically file this form if:
You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.
Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.
Thanks !
brij523
02-17 08:33 AM
I think I would like to see more post saying -
1) I contacted my congress member or Senator. Have their commitment to support legal immigration.
2) I send mail to XYX number of my friend to join IV. Some may join and some may ridicule. But as IV member you did the job. The new member could either contribute 5 minutes of time everyday to contact Senator, Congress member or contacting friend, contibute money or at least raise the membership of this forum. Remember we are putting time to help ourself not IV. Because I know after most of us get GC, we will move on with life and next generation IV member will continue the effort.
3) I would like to see people in major city, launching a compaign to collect money. One of the idea which I think would be very useful is working with the Temple authority and selling food on some occasion. Some kind of arrangement should be made with Temple authority to get major part of sale collection to IV. This way we multiply our money. $20 can be easily made into $100 with some time from members.
My limitation is - I am in a village. But I will do something. I would not let limitation stop me.
GO IV TO SUPPORT YOURSELF NOT IV. I AM IN BECAUSE I AM AFFECTED.
1) I contacted my congress member or Senator. Have their commitment to support legal immigration.
2) I send mail to XYX number of my friend to join IV. Some may join and some may ridicule. But as IV member you did the job. The new member could either contribute 5 minutes of time everyday to contact Senator, Congress member or contacting friend, contibute money or at least raise the membership of this forum. Remember we are putting time to help ourself not IV. Because I know after most of us get GC, we will move on with life and next generation IV member will continue the effort.
3) I would like to see people in major city, launching a compaign to collect money. One of the idea which I think would be very useful is working with the Temple authority and selling food on some occasion. Some kind of arrangement should be made with Temple authority to get major part of sale collection to IV. This way we multiply our money. $20 can be easily made into $100 with some time from members.
My limitation is - I am in a village. But I will do something. I would not let limitation stop me.
GO IV TO SUPPORT YOURSELF NOT IV. I AM IN BECAUSE I AM AFFECTED.
more...
sid_das
04-21 06:34 PM
hey starscream
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
- What was the RFE about?
In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.
- Are you employed by a consultant or employed full-time at a company's location?
I am employed by a desi consulting company.. and i have been in a job continously since jan 2006
- Did your employer have any profit isseus / layoffs reecently?
No
- Is your employer TARP funded?
No
- Do you have your EAD?
No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.
Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...
its driving me crazy....:(
BharatPremi
11-30 06:05 PM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
murthy0103
09-08 12:13 AM
Can I get the receipt information from USCIS by calling customer service and giving the h1 receipt number?
itsmesabby
10-12 05:05 PM
jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
admin
01-29 11:50 AM
Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
Here is an excerpt of his analysis from http://www.immigration-law.com/
The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.
From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.
The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.
It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.
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