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24 August 2010

Your Feedback Wanted: Check Our "Interim Guidance for Comment" Page

In ongoing efforts to increase transparency, USCIS launched the Interim Guidance for Comment page this past August 20th.

Memoranda located under the “Interim Guidance for Comment” are current guidance of proposed or revised guidance to USCIS Field Offices and Service Centers and have been provided to the field offices and service centers as interim guidance. USCIS Adjudicators will continue using the current memoranda with the understanding that the guidance may be revised after the comment period closes. Final guidance will be issued to the Field Offices and Service Centers following review and consideration of public comments.

Currently, the “Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions (AFM Update AD 10-41)” is posted for comment. The deadline for comments is September 3, 2010, and we welcome your participation.

85 Comments:

At August 24, 2010 at 9:20:00 PM EDT , Anonymous Anonymous said...

Please let the applicant know about Background check/extended review cases and WHAT triggered these and why?

Like in which stage is the application in Background check/extended review and how much time it takes to complete these. Say days/weeks/months/years/…..

There are cases pending since 2001/2002 and 2006 cases have been approved—how is this possible. Who is accountable for these issues… as applicant is the looser at the end

 
At August 25, 2010 at 9:03:00 AM EDT , Anonymous Anonymous said...

I welcome the initiative to bring changes in 140 process.

But, please allow to file AOS(485) for approved 140 applicants. As you guys take lot of time to process an application, it would be better if you allow to file AOS and process the application and provide green card when applicant status becomes current. This is win-win for both USCIS and us(your customers).

 
At August 25, 2010 at 11:35:00 PM EDT , Anonymous Anonymous said...

USCIS has not accepted any application for change of status after July 2007. Some says it was mistake and some say it was process inside USCIS that made to accept large volume of Applications.

But my question is after placing these measures , will USCIS start accepting new applications ( I meant for INDIA and CHINA) in EB2 Category?

USCIS should accept more applications and let USCIS keep the number of visa approval based on QUOTA per country.

It would be a WIN-WIN situation for both ( USCIS and LEGAL applicants). USCIS would know the exact number of Applications per Category and Increased number of Fees from Each applicant.

The Applicants will be Granted Interim Relief with EAD and Advance payrole to work and travel.

I still don't see even a single memo towards Accepting new Applications from INDIA and CHINA when measures to tighten up the EB2 Category are taken.

It is a good step taken but more steps are required to reduce and see the correct backlog per category.

 
At August 25, 2010 at 11:39:00 PM EDT , Anonymous Anonymous said...

We are looking towards Accepting new applications atleast accept some applications in phased manner. For Example Except applications for ONLY APPROVED I-140 Applications only ( no concurrent Filling) etc.

Also USCIS could accept the applications until 2008 Dec first and later DEc 2009 and go on.

As these applications would be processed FIFO based and put on pre-adjucation list.

What stops USCIS as it is just the same way the new regulations are published in Federal Register.

 
At August 26, 2010 at 12:04:00 PM EDT , Anonymous Anonymous said...

Thanks for the initiative to bring changes in 140 process.

I would request considering filing of 485 for approved 140 applicants. It will help in getting the background check, medical checks and other necessary checks completed before the Green card is issued when the numbers become available. This will help both both USCIS and the applicant.

Thanks once again for taking the feedback.

 
At August 26, 2010 at 12:10:00 PM EDT , Anonymous Anonymous said...

There are applications stuck in USCIS processing for 7 to 9 years and in most cases applicant has no clue--why the application is stuck?. Just under security review. What security review?. When the applicant is in USA for 10 years with no crime

Can USCIS/Infopass may please be authorized to release information to respective applicants. So that applicant has idea about the issue and can definitely help USCIS in expediting the application. This also reduces USCIS expenditure. If something comes positive after approval then the approval can be withdrawn.

So it will be more useful, if USCIS first clears the backlog and streamlines the process -First in First out to the maximum extent possible.

This is all due to 2007 Fiasco. Before that USCIS was doing the excellent job

 
At August 26, 2010 at 12:17:00 PM EDT , Anonymous Anonymous said...

USCIS should start accepting applications for I-485 after I-140 approval. There are lot of people who are stuck with their employers and cannot use AC21 and change the employers. In this situation employers exploit their employess with no salary increase,promotions etc. Its a bad for employees for their future. We cannot buy home, settle down until I-485 is filed. This is especially for India and China. I would request USCIS to seriously consider this

 
At August 26, 2010 at 12:34:00 PM EDT , Anonymous Anonymous said...

The process of adjustment of status would be eficient and effective if it was possible to file all the documentation required once I-140 is approved to save time in clearing the case and as the priority date becomes current everything would be ready to finalize application; this way further delays will be practically eliminated and therefore the current huge backlog as well!

 
At August 26, 2010 at 12:41:00 PM EDT , Anonymous Anonymous said...

I welcome the initiative to bring changes in 140 process.

But, please allow to file AOS(485) for approved 140 applicants.

 
At August 26, 2010 at 12:46:00 PM EDT , Anonymous Anonymous said...

The USCIS should allow filing of I-485 to those who have already approved I-40. That would help both USCIS and the customers as USCIS will have all the data for the pending I-485. And cusromers will be able to file for the AP - to visit their home countries. This is very painful for them to stay in limbo. This will be very humanitarian of USCIS. When people care so much for pets in US, USCIS should show some care for the HUMANS. WE would really really appreciate & welcome this step from USCIS. Thanks,

 
At August 26, 2010 at 12:46:00 PM EDT , Anonymous Anonymous said...

USCIS should allow for filing AP/EAD for approved i140 applicants when they are waiting for priority date to becomes current to file for i485.
This allows for more revenue generation for USCIS in terms of EAD/AP renewal till the priority dates become current.
Also it beneficial for the applicant by providing better flexibility in traveling using AP and avail AC21 benefits also.

 
At August 26, 2010 at 1:01:00 PM EDT , Anonymous Anonymous said...

Please let approved I-140 candidates apply for EAD and AP. This will not only garner fees for USCIS but also help the applicants change jobs and/or travel.

For most I-140 applicants, I-485 approval is not an issue. So why delay the benefits of the I-485?

Thank you.

 
At August 26, 2010 at 1:02:00 PM EDT , Anonymous Anonymous said...

Please allow atleast 485, EAD and AP filing after I-140 approval. This would estimate Visa number better and help people like us who are in US legally, paid taxes helped economy from last 10 years and will help on the future paid taxes helped economy because of their US citizen kids but still on the Immigration boat of uncertainty.


Thanks

 
At August 26, 2010 at 1:02:00 PM EDT , Anonymous Anonymous said...

Dear Sir/Madam
Why isn't USCIS taking measures which will genuinely alleviate the problems in EB process for retrogress countries instead of introducing only cosmetic measures like providing some stats and Inventory reports on the website etc ?

Does it not seem to USCIS that considering the long wait for the retrogress countries because of visa numbers availability,they can at least accept filing of AOS for people who have I140 approved and waiting for multiple years.

I am sure USCIS can do that as they did the same thing in July 2007.

And also unlike 2007,People with longer wait times should be at least allowed to file for 485 if USCIS wants to do it incrementally.


Please consider the above or other measures to provide some GENUINE relief amidst such long delays.We are not asking to increase visa numbers but simply some process improvements.


Thanks

 
At August 26, 2010 at 1:15:00 PM EDT , Anonymous Anonymous said...

Please allow I140 approved applicants to file their I485

 
At August 26, 2010 at 1:58:00 PM EDT , Anonymous Anonymous said...

Thanks for initiating more checks while approving EB-1 and EB-2 cases. There is lot of mis use in EB-1 & EB2 categories, particularly multinational manager category and porting EB-3 to EB-2 with earlier priority dates. I wish if more checks are in place to check such mis use.

 
At August 26, 2010 at 2:06:00 PM EDT , Anonymous Anonymous said...

I welcome the steps taken to stream line I-140 approval. It would be really helpful if USCIS/DOC start accepting AOS(I-485) for India/China or all other rectogressed countries. After 2007 Jul/Aug USICS has not accepted any new application for the retrogressed countries and many people like me are waiting to file AOS. As other suggested it would be good idea to start accpting approved I-140 applications. That way USCIS will have steady flow of work and income and we also get benefited.

 
At August 26, 2010 at 4:38:00 PM EDT , Anonymous Anonymous said...

As suggested by others, Pls. allow all EB applicants to file I-485 based on I-140 approval. This will certainly help us to plan for the future.

Also, appreciate if you could provide your views on the feedback/comments provided by us.

 
At August 26, 2010 at 5:04:00 PM EDT , Anonymous Anonymous said...

Director Sir,

USCIS should allow for filing AP/EAD for approved i140 applicants when they are waiting for priority date to becomes current to file for i485.
This allows for more revenue generation for USCIS in terms of EAD/AP renewal till the priority dates become current.
Also it beneficial for the applicant by providing better flexibility in traveling using AP and avail AC21 benefits also.

 
At August 26, 2010 at 5:18:00 PM EDT , Anonymous Anonymous said...

"That's one small step for accepting applications for I-485 after I-140 approval, one giant leap for EB3 victims"

 
At August 26, 2010 at 10:06:00 PM EDT , Anonymous Anonymous said...

Is there any hope for EB2 India and China to file their I-485, after their PD become 3.5 years old?

 
At August 27, 2010 at 11:29:00 AM EDT , Anonymous Anonymous said...

Hi,

Pls allow people with approved I-140's to file I-485 so that they can apply for EAD/AP etc. This is a win win for both the customers and USCIS. Revenue for USCIS and peace of mind for customers.

I am not sure what is holding USCIS in amending this rule by publishing it in the Federal Register.

 
At August 27, 2010 at 11:54:00 AM EDT , Anonymous Anonymous said...

USCIS Blog Team:
Please Convey the message to the TOP Management inside USCIS.


Message " Please Let Approved I-140 Applicants file for Change of Status(AOS)I-485 & EAD. Atleast they can wait until their number is arrived little peacefully"

A post in FEDERAL REGISTER would allow that rule and would help thousands of people.

The measure to Tighten the I-140 is a good measure , but allowing approved I-140 applicant ( India /china) to file for I-485 is equally important irrespective of priority dates.

Priority dates are required to Green Card (Physical) but AOS does not need that.

Kindly do the needful.

 
At August 27, 2010 at 10:07:00 PM EDT , Anonymous Anonymous said...

I am joining my colleagues here on EB3-I limbo and requesting for filing the i-485 while we await the holy day of Priority Date and try to move on with real life
Priority Dates are the worst infringement to our human rights

 
At August 28, 2010 at 10:37:00 PM EDT , Anonymous Anonymous said...

Please scrutinize EB2 and EB1C petitions more closely going forward…there is a willful misuse of this category…With more scrutiny on H1s…these categories are being now utilized. How can roles such as project manager, consultant, architect, QA Manager or senior project manager qualify for EB1 C? These are just normal roles…all org charts and justifications are cooked up to leverage the loop holes. A mere L1-A should not qualify a person to apply for EB1C….there are several people who easily manage to obtain L1-As

USCIS should insist on much stronger burden of proof than mere org charts or email proofs to scrutinize weather the role really qualifies for EB1C.

Similarly there are several run of the mill institutions that provide degrees…which is utilized to procure EB2s…

 
At August 30, 2010 at 9:39:00 AM EDT , Anonymous Anonymous said...

Dear Mr.Director,

This is a welcome step in helping geniune cases and stopping fraud cases.

We also plead to allow approved I-140 to file for 485 (AOS). Can you pass such new regulation and doing in federal register will allow approved 140 applicants to file for 485 (AOS). This will has two benefits, will help to generate more revenue to USCIS and GC aspirants. Please take enough time to process 485 and when ever visa is availabel issue us GC.

 
At August 30, 2010 at 9:51:00 AM EDT , Anonymous Anonymous said...

A same type of Memo in " FEDERAL REGISTER " would help lot of "LEGAL IMMIGRANTS" waiting for years.

PLEASE ALLOW TO FILE CHANGE of STATUS and ISSUE EAD for all APPROVED I-140 Applicants irrespective of any retrogressed country.

 
At August 30, 2010 at 10:50:00 AM EDT , Anonymous Anonymous said...

USCIS - I agree on revised guidance against I140 and yes process has to be tough; increase fee if it needs to be however waiting for more than a year to get Green Card is ridiculous. Big change needed on reducing the wait to get green card. US IMMIGRATION SYSTEM reform is needed big time. US immigration system is dividing families rather uniting.

 
At August 30, 2010 at 11:53:00 PM EDT , Anonymous Anonymous said...

How can a company so openly say this (esp..pls note point # 1 & 3)

EXTREME OFFSHORING: WHAT DOES IT MEAN?

# Bringing more jobs back to India

# Visa renewals to slow down

# Less number of job created in US

# Profit margins to go up

# Hybrid delivery model may end

# Nearshore to get some prominence

As pointed in the article below:

http://www.business-standard.com/india/news/infosys-plans-%5Cextreme-offshore%5C-model-to-tide-over-visa-crisis/406424/

 
At September 1, 2010 at 1:28:00 PM EDT , Anonymous Anonymous said...

More delay in green card, less H1b, will not benefit USA, would benefit only other countries. They use this opportunity to outsource more by mentioning over head expense and more wait time in getting green card for the employee.

Please expedite the process of issuing green card.

Please allow people to file 485 (Adjustment of Status) if they have approved 140. This will at least reduce the burden on employers and employees. This will help jobs to be kept in USA itself.

Please think about this.

 
At September 1, 2010 at 1:47:00 PM EDT , Anonymous Anonymous said...

YES,

GOOD MOVE USCIS. THIS WILL CLAMP ON SOME FRAUDULENT I140 APPLICATIONS.

PLEASE CLAMP on EB1A as well. THERE ARE SOME NOT SO GENUINE CASES THERE AS WELL...

 
At September 1, 2010 at 5:45:00 PM EDT , Anonymous Anonymous said...

@ "I agree on revised guidance against I140 and yes process has to be tough; increase fee if it needs to be however waiting for more than a year to get Green Card is ridiculous."

I am in my FOURTH Year waiting for a visa number for my Green Card, and I am not from one of the oversubscribed countries, so quit whining.

 
At September 1, 2010 at 7:13:00 PM EDT , Anonymous Anonymous said...

USCIS Blog Team:
Please Convey the message to the TOP Management inside USCIS.


Message " Please Let Approved I-140 Applicants file for Change of Status(AOS)I-485 & EAD. Atleast they can wait until their number is arrived little peacefully"

A post in FEDERAL REGISTER would allow that rule and would help thousands of people.

The measure to Tighten the I-140 is a good measure , but allowing approved I-140 applicant ( India /china) to file for I-485 is equally important irrespective of priority dates.

Priority dates are required to Green Card (Physical) but AOS does not need that.

Kindly do the needful.

 
At September 1, 2010 at 7:14:00 PM EDT , Anonymous Anonymous said...

Please Allow All the Retrogressed countries to file for EAD and AOS.

 
At September 2, 2010 at 1:44:00 PM EDT , Blogger KK said...

I Second this POST. USCIS should atleast take control into their hands and do what is best for the future of the country. WE ALL WILL BE HAPPY INCLUDING USCIS.

IMMIGRANTS CREATED 50% JOBS BETWEEN 1996-2005 UNTIL THE IMMIGRATION VISAS WERE AVAILABLE.

A LOT OF TALENT IS ASKED TO COME TO USA AND TOLD TO WAIT INDEFINETLY. THIS IS NOT FAIR.

USCIS Blog Team:
Please Convey the message to the TOP Management inside USCIS.


Message " Please Let Approved I-140 Applicants file for Change of Status(AOS)I-485 & EAD. Atleast they can wait until their number is arrived little peacefully"

A post in FEDERAL REGISTER would allow that rule and would help thousands of people.

The measure to Tighten the I-140 is a good measure , but allowing approved I-140 applicant ( India /china) to file for I-485 is equally important irrespective of priority dates.

Priority dates are required to Green Card (Physical) but AOS does not need that.

Kindly do the needful.

 
At September 2, 2010 at 3:37:00 PM EDT , Anonymous Anonymous said...

Streamlining the I-140 application process is really a welcome change. But there are some other concerns on EB2/EB3 that needs to have some attention.
As every one said, allowing the provision of applying for I-485 for I-140 approved immigrants helps not only the immigrant people but also the US Financial system. If you look at the trend, all the major decisons abt the financial investments happen only after the approval of EAD and immigrants pump in more money into the housing market and financial markets. They get the courage to start implement their ideas thereby creating more jobs and more money flow in the market....Moreover, howmany % of cases that you see getting rejected after the 140 approval? As we know the number of Visa's is not in the hands of USCIS but atleast granting the EAD's is in your hands. Your decision not only impacts the immigrant community but has more impact on the U.S Economy...........

 
At September 2, 2010 at 4:10:00 PM EDT , Anonymous Anonymous said...

I would like to know why your immigration officers are so rude. I had a horrible experience today at your New York Field Office (Federal Plaza Building) where the officer was not only rude but also uninformed.

Further, there was a big customer satisfaction survey box but no forms available, and I had to literally beg for a form to be made available. It makes me wonder how seriously customer satisfaction is taken in the New York Field Office.

I have written to the Office of Public Engagement as well as to the Ombudsman, and hopefully will receive some response.

Thanks

 
At September 4, 2010 at 5:47:00 PM EDT , Anonymous Anonymous said...

I hope the USCIS can use more technology and less physical handling of application processes. The level of human error, particularly when cases get to field offices is distressing. Our AOS case is being processed at the Washington Field Office, and so far we have encountered no less than THREE agency-created errors with this one case. The portion of the process handled at the National Benefits Center appear to run more smoothly.

The mistakes at the field office appear to originate from negligence on the part of some in the chain of document handling. It is tempting to ask whether there is any supervision going on there?

Imagine the frustration that comes from knowing that such inefficiencies are so common at an office to which you are beholden!

 
At September 5, 2010 at 12:49:00 PM EDT , Blogger NicolasDarvas said...

Director Alejandro Mayorkas,

It has come to the notice of many would be immigrants that visa numbers have in the past been "Wasted" against allotments allowed under immigration rules, and that supposedly recapture is not available!

As future employer of a would be immigrant I 'd appreciate that everyone @ USCIS does their job and allows the fiasco of "Priority dates" that go on for up to 10 years gets resolved. So please please don't waste any more visa numbers!!

Thanks.

 
At September 6, 2010 at 9:59:00 AM EDT , Anonymous Anonymous said...

USCIS is skimming the Immigrants by way of this or that fee.
Just Imagine --
We resign our job in home country,
Pack things and come to USA,
Pay City , State, Federal Tax,
Pay attorney fees/even if company pays
Pay Social security, unemployment tax,...etc
Pay HUGE fees to USCIS for new/renewal of documents
Pay Huge for NOIDs for no fault of applicant
Pay Huge for denials and stressful nights
Pay Tax on what we buy
.....
....


at the end left with $00 after all these
Slog for 10 to 15 years to get Green Card
So what is left over with US, we are so much squeezed by the time we get Green card
And Citizenship...???????

 
At September 6, 2010 at 10:12:00 AM EDT , Anonymous Anonymous said...

Can we be specifi on AC21..what doc is required..whats similar job..?

 
At September 6, 2010 at 11:57:00 AM EDT , Anonymous Anonymous said...

Our country is going through such a deep economic recession. I cannot believe what kind of Federal Govt would allow these foreigners to come into our country, become legal permanent resident and take jobs of natives? why in the world would we have shortage of workers when we have 19% of real unemployment? If our govt really cares for its people, we should completly stop this labor import and their paper work processing for next 10 years.

 
At September 6, 2010 at 12:17:00 PM EDT , Anonymous Anonymous said...

Please count the number of days spent in US while waiting for Green Card (due to the non-availability of visa numbers) towards the residency requirement for naturalization. The day on which the immigrant petition got approved should be the benchmark for this count.

Most applicants from India/China wait for 5+ years in the US before getting their green card and it's unfair to make them wait for 5 more years to get naturalized.

 
At September 6, 2010 at 2:06:00 PM EDT , Anonymous Anonymous said...

USCIS should consider the plight of EB3 India applicants while using the spillover visas to EB2 India. It is just unfair for people who are with a very old priority date to wait for Green Card for ever while people with latest priority date in EB2 category gets the GC.

Thanks

 
At September 6, 2010 at 4:52:00 PM EDT , Anonymous Anonymous said...

Please allow the people to file I-485 who have approved I-140 but can not do it due to retrogression. This will help the people (change jobs, buy homes, cars etc) and also help the economy.

 
At September 8, 2010 at 3:37:00 PM EDT , Anonymous Anonymous said...

@"Our country is going through such a deep economic recession. I cannot believe what kind of Federal Govt would allow these foreigners to come into our country, become legal permanent resident and take jobs of natives? why in the world would we have shortage of workers when we have 19% of real unemployment? If our govt really cares for its people, we should completly stop this labor import and their paper work processing for next 10 years."

Do not forget how your forefathers came to this country. Do not forget you are in America because of all these intelligent and genius immigrants. why even bother to write "next 10 years" ask your government to scrap the immigrantation system - then intelligent/genius people won't bother to come this country and don't have to suffer because of your goverment broken immigration system.

 
At September 8, 2010 at 3:42:00 PM EDT , Anonymous Anonymous said...

@"I am in my FOURTH Year waiting for a visa number for my Green Card, and I am not from one of the oversubscribed countries, so quit whining."

I am not speaking up for myself. you don't know anything about waiting you are still in your fourth year. I meant to say as a whole the process shouldn't take more than one year - US government seriously need to revise their immigration system ASAP. Either let people come to this country and give them GC right a way or don't let people come to this contry at all.

 
At September 8, 2010 at 10:50:00 PM EDT , Anonymous Anonymous said...

what's all the buzz about uscis canceling some deportation order to allow some illegals to adjust their status and become LPR, can someone explain who will benefit and how to apply/request for benefit under that new rule

 
At September 9, 2010 at 10:21:00 AM EDT , Anonymous Anonymous said...

@ Do not forget how your forefathers came to this country. Do not forget you are in America because of all these intelligent and genius immigrants. why even bother to write "next 10 years" ask your government to scrap the immigrantation system - then intelligent/genius people won't bother to come this country and don't have to suffer because of your goverment broken immigration system.

First off go to a better school in your own country and improve your grammar and spelling.
If these so called "intelligent / genius" people are really intelligent, couldn't they find better jobs in their own country? Why doesn't their govt try to lure these "intelligent / genius" from exporting their "intelligence" to us? If you guys think if you pack your stuff and leave this country our economy and the whole system would collapse, then you are in fool's paradise. Our president is doing the right thing by levying huge fees on these cheap and job killing imports. We should also tax these people at double rate on their income they get from their good for nothing "intelligence".

 
At September 9, 2010 at 12:15:00 PM EDT , Anonymous Anonymous said...

"Do not forget how your forefathers came to this country. Do not forget you are in America because of all these intelligent and genius immigrants. why even bother to write "next 10 years" ask your government to scrap the immigrantation system - then intelligent/genius people won't bother to come this country and don't have to suffer because of your goverment broken immigration system."

I agree 100% Percent. Even the Director of USCIS knows immigrants better than anyone else.

Just a simple calculation. Total number of EB2 Pending is 34325 which includes the Dependents also.

That means Only 17K Advance professional knowledge holder(Primary) case are pending. These 17K jobs are taken in High profile industry or Phd Holders in University which the country needs to grow. That is no where near the unemployment ( Manufacture and Retail market) around 8 Million there.

The Immigrants are high income generators & eventually pay higher Tax back to the country. They Buy Big houses and Multiple cars which again benefit the country.

The checks like the memo issued for more checks are always welcome by Immigrant community as everyone want fair process.

but we also want USCIS to allow Filling the EAD and AC21 for all EB2 Applicants irrespective retrogressed country.

 
At September 9, 2010 at 1:24:00 PM EDT , Anonymous Anonymous said...

Please ... Please allow approved I140 applicants to file their I485 to get EAD and AP ... Got struck here for the past 7 years ... going through lot of mental and emotional problems ...

 
At September 10, 2010 at 1:54:00 PM EDT , Anonymous Anonymous said...

USCIS,
Please allow approved I140 applicants to file their I485 to get EAD and AP ... Got struck here for the past 8 years ... going through a lot of mental,emotional and family problems.

 
At September 10, 2010 at 8:44:00 PM EDT , Anonymous Anonymous said...

"Do not forget how your forefathers came to this country. Do not forget you are in America because of all these intelligent and genius immigrants. why even bother to write "next 10 years" ask your government to scrap the immigrantation system - then intelligent/genius people won't bother to come this country and don't have to suffer because of your goverment broken immigration system."

I agree 100% Percent. Even the Director of USCIS knows immigrants better than anyone else.

Just a simple calculation. Total number of EB2 Pending is 34325 which includes the Dependents also.

That means Only 17K Advance professional knowledge holder(Primary) case are pending. These 17K jobs are taken in High profile industry or Phd Holders in University which the country needs to grow. That is no where near the unemployment ( Manufacture and Retail market) around 8 Million there.

The Immigrants are high income generators & eventually pay higher Tax back to the country. They Buy Big houses and Multiple cars which again benefit the country.

The checks like the memo issued for more checks are always welcome by Immigrant community as everyone want fair process.

but we also want USCIS to allow Filling the EAD and AC21 for all EB2 Applicants irrespective retrogressed country

 
At September 10, 2010 at 8:45:00 PM EDT , Anonymous Anonymous said...

USCIS Blog Team:
Please Convey the message to the TOP Management inside USCIS.


Message " Please Let Approved I-140 Applicants file for Change of Status(AOS)I-485 & EAD. Atleast they can wait until their number is arrived little peacefully"

A post in FEDERAL REGISTER would allow that rule and would help thousands of people.

The measure to Tighten the I-140 is a good measure , but allowing approved I-140 applicant ( India /china) to file for I-485 is equally important irrespective of priority dates.

Priority dates are required to Green Card (Physical) but AOS does not need that.

Kindly do the needful.

 
At September 10, 2010 at 8:46:00 PM EDT , Anonymous Anonymous said...

Please let approved I-140 candidates apply for EAD and AP. This will not only garner fees for USCIS but also help the applicants change jobs and/or travel.

For most I-140 applicants, I-485 approval is not an issue. So why delay the benefits of the I-485?

Thank you.

 
At September 11, 2010 at 1:42:00 PM EDT , Anonymous Anonymous said...

Dear Sir,

Please allow alien students legally living and studying in schools over 5 t o 10 years in the United States on different visas having extraordinary abilities to qualify for green cards under EB1 based on their excellent performance in high school and universities, volunteer services, selection and participation in research work being conducted by the schools, and selected on national level by reputed private or US funded organizations for summer internships. These students are too young to receive a Nobel Prize. The fact that they have worked hard to achieve local and national recognition in local newspapers or listed among State Scholars or appeared on company websites should be considered as evidence of their achievements.

My kid works extremely hard to stay on top of her class and as a mother I think she deserves an opportunity to fulfill her dreams and offer her best talents the best way she can.

 
At September 13, 2010 at 4:46:00 AM EDT , Anonymous МДФ said...

USCIS - I agree on revised guidance against I140 and yes process has to be tough; increase fee if it needs to be however waiting for more than a year to get Green Card is ridiculous. Big change needed on reducing the wait to get green card. US IMMIGRATION SYSTEM reform is needed big time. US immigration system is dividing families rather uniting.

 
At September 13, 2010 at 10:33:00 PM EDT , Anonymous Anonymous said...

Would like USCIS to disclose the reason for extended review. My EB based I485 PD is current since two years but is in extended review stage. Enquiries through Senator, congressman, ombudsman, USICS SR all result in a boiler-plate USCIS response of "Your application is in extended review. Please contact after 60 days". If I know the reason, I can provide additional documents. If the reason is an unsurmountable one, then I would like to pack my bags and go back to my home country. No point in living in a suspended state.

 
At September 14, 2010 at 3:07:00 PM EDT , Anonymous Anonymous said...

Please do something about EAD and Advance Parole. I can't imagine that it takes almost 3+ months to issue it. What kind of customer service is that? It's not free, customers are paying for it?

Had it been a private company, people would have filed a complaint in Consumer Bureau?

It's awful to understand the delay even when everything was filed electronically.

 
At September 15, 2010 at 4:06:00 PM EDT , Anonymous Anonymous said...

I read from news, that senate/congress is considering to bring DREAM act bill. Would you guys please tell law makers to help employment based category GC aspirants? Please help us, and help American economy.

 
At September 16, 2010 at 2:36:00 PM EDT , Anonymous Anonymous said...

I have never seen very high caliber researcher/professors receiving EB-1 b immigrant visa. The process is highly subjective and so many times even people with very few publications get it. On the contrary RFEs are issued to people who deserve a green card through EB1b category. My advice is that make it little easy especially for someone who has PhD from an American University. Do not get hung up on the idea of citations or number of publications as not all fields are equal and if somebody cites my paper does not mean that I am an outstanding and globally known researcher. Letters from highly known people in the field should be preffered to make a decision in selecting or denying a petition. These highly respecetd people do not give letters to any Tom, Dick, or Harry. Thank you!!!!

 
At September 19, 2010 at 10:54:00 AM EDT , Anonymous Anonymous said...

There is a massive internal move underway to apply EB2 and EB1 petitions by offshore centric companies to swell their numbers in US in the wake of increased scrutiny on H1-B / L1-B & A visas. This will further backlog EB3 applicants.
Hope USCIS applies tight scrutiny on these applications…given the high unemployment country is already facing….

 
At September 19, 2010 at 1:05:00 PM EDT , Anonymous Taking up for USA said...

How can you NOT think it takes at least 90 days to issue an EAD or advance parole document? Do you take into account how many people accross the country apply for those 2 documents alone?? If an alien wishes to work or travel during their I-485 process they MUST have those documents. If an F1 student wishes to participate in OPT they MUST have the EAD. If an asylee or refugee wishes to work or travel they MUST have the EAD & APD. If a PR wishes to travel and they don't have a passport or plan to be gone for more than 12 months they MUST have the PR travel document. In addition, those 2 documents require biometrics for most applicants applying under most categories so when you take all of that into consideration I think it is a bit MUCH for you to talk about a 90 day timeframe being too much. So PLEASE stop complaining. Be grateful a country like the USA gives people an opportunity to apply for benefits that would allow you to come here and create a life for yourself. I hear an awful lot of complaining from people who expect so many benefits from our government. If you have so many complaints, why don't you go to a country whose willing to do it quicker, for less money and less eligibility requirements because the USA doesn't need you, YOU need the USA.

 
At September 20, 2010 at 9:50:00 AM EDT , Anonymous Anonymous said...

For "Taking up for USA said... " - If this is hurting you very much about your inefficient work, we can't help you. Better you do your job faster and issue us GC faster.

 
At September 20, 2010 at 10:49:00 AM EDT , Anonymous Anonymous said...

"How can you NOT think it takes at least 90 days to issue an EAD or advance parole document? Do you take into account how many people accross the country apply for those 2 documents alone?? If an alien wishes to work or travel during their I-485 process they MUST have those documents. If an F1 student wishes to participate in OPT they MUST have the EAD. If an asylee or refugee wishes to work or travel they MUST have the EAD & APD. If a PR wishes to travel and they don't have a passport or plan to be gone for more than 12 months they MUST have the PR travel document. In addition, those 2 documents require biometrics for most applicants applying under most categories so when you take all of that into consideration I think it is a bit MUCH for you to talk about a 90 day timeframe being too much. So PLEASE stop complaining. Be grateful a country like the USA gives people an opportunity to apply for benefits that would allow you to come here and create a life for yourself. I hear an awful lot of complaining from people who expect so many benefits from our government. If you have so many complaints, why don't you go to a country whose willing to do it quicker, for less money and less eligibility requirements because the USA doesn't need you, YOU need the USA."

Sorry my friend but USA need the qualified and intelligent professional to sustain the economy. Please go and check the statistics. Even USCIS Director can vouch for the same that immigrants are required to keep the economy running.

 
At September 20, 2010 at 9:53:00 PM EDT , Anonymous Anonymous said...

The reason it takes 90 days is because they lose your pictures/documentation 2x.
What else can be done in 90 days -
We can get a passport
Buy a home
Get a secure drivers license
Get a Visa approved ( 2 hours by crossing into the US from Canada)
In some cases adopt a child in the US

But yet renewing an EAD takes 90 days? Go figure. I think it's just job security for USCIS. It might be more productive to offshore immigration at least they have to be accountable.

 
At September 21, 2010 at 9:29:00 PM EDT , Anonymous Anonymous said...

800,000 illegal alien youngsters in the country would be legal if senate/congress pass DREAM act bill. It Would good gesture for USCIS Top administration could propose a policy to law makers to help employment based who are waiting in line long long time would help American economy, USCIS and Highly skilled resources. This will be win win...

 
At September 22, 2010 at 2:15:00 PM EDT , Anonymous Anonymous said...

Please provide quarterly pending I485 application report. It was last publised in May 2009

 
At September 22, 2010 at 10:44:00 PM EDT , Anonymous Anonymous said...

Supervisory Vs Managerial exp

How are people with just Supervisory exp in current roles like Project Manager, QA Manager, Senior project manager in IT companies eligible for EB1-C?

 
At September 23, 2010 at 7:24:00 PM EDT , Anonymous Anonymous said...

why NIW-EB2 category does not enjoy the same advantage of prior VISA allocation although it faces the scrutiny on par with EB1 exceptional ability category

 
At September 23, 2010 at 10:29:00 PM EDT , Anonymous Anonymous said...

I see people are requesting for filing i485. Me and thousand more like me filed i485 in july 2007. though i140 is approved . but nothing happened still paying ead renewal and H1 renewal fees and all other fees including attorney's etc . Please Please for sake of humanity please give us green card so that we can work and travel and achieve the purpose of coming to USA. I am here from 2000 and struggling in process of H1, i140, i485, i765 etc. paying taxes, renewal fees etc .
USCIS Director and his emplyoees all know this .We are slaves to serve the US citizens under process of H-1 to get green card.
I am EB3 victim staggering from last 10years.
Its hopeless to write in every blog about this as it will fall in deaf ears.

Just let you know GOD is watching you .!!!!!!!!
And what goes around comes around.!!!!!!!!!
SINGH

 
At September 26, 2010 at 4:14:00 PM EDT , Anonymous Anonymous said...

Director Sir,
Please let This will not only garner fees for USCIS but also help the applicants change jobs and/or travel.For most I-140 applicants, I-485 approval is not an issue. So why delay the benefits of the I-485? approved I-140 candidates apply for EAD and AP.

Please put a question to your self why all those EB3 applications are made to suffer?Can I do something to get these people some sort of a relief in the absence of legislative changes...

It makes think all the time we are getting punished for following rules.

The most affected category is EB3.Most of people are sliently suffering and going through a lot of pain.

There hasn't been any positive step taken towards fixing the broken,idiotic,pathetic and no good immigration system both by congress and uscis.
One thing i can highlight that those who filed their GC under EB3 are having sleepless nights in the absence of any help from congress and uscis.

I request you to take humanity factor into cosideration and allow approved I-140 candidates apply for EAD and AP.

May God bless you all EB3 filers!!!

 
At October 8, 2010 at 1:02:00 PM EDT , Anonymous Anonymous said...

Please allow approved I140 applicants , not all but who have been waiting for multiple years, to file their I485.

To wait for priority dates to be current to file for I485 is a major bottleneck to the EB immigration process. This will provide immense relief to people while waiting for their dates to be current.

A similar action was done in July 2007, however unlike that where everyone was allowed to file for I485 , people waiting for multiple years should be allowed to file for I 485 at least.

 
At October 8, 2010 at 11:08:00 PM EDT , Anonymous Anonymous said...

I WAS CHECKING THE VISA BULLETIN FOR NOVEMBER AND I SEE THAT EB3 FOR MEXICO IS MAY 2001 AND I DON'T UNDERSTAND HOW AFTER 9 YEARS THE PRIORITY DATE STILL 2001 ??? CAN SOMEONE EXPLAIN TO ME HOW THIS BULLETIN WORKS BECAUSE MY PRIORITY DATE IS AUGUST 2005 AND AT THIS PACE I WILL GET THE GC IN 25 YEARS OR SO???

 
At October 9, 2010 at 9:31:00 PM EDT , Anonymous Anonymous said...

Please allow the approved I-140 applicants to file AOS. EB2 India people have passed 3 years from PERM approval and are still waiting....

 
At October 11, 2010 at 4:33:00 PM EDT , Anonymous Anonymous said...

USCIS has responsibility to ensure legal immigration to USA. People like me who come to USA from China and India have been patiently waiting for so long to get the green cards. Can you start accepting 485 from people who have approved 140s. This way our families will get the benefit of adding "value" to US economy and will relieve us from this painful LONG wait.

Thanks for opportunity. Hope someone is listening.

 
At October 14, 2010 at 11:53:00 AM EDT , Anonymous ram K said...

Please allow pre-registration of I485 application for approved EB2/140 holders. Things are really difficult to maintain with long years of waiting, economy, employer and so on. Atleast filing I485 relieves some of the hurdles to use AC21 in future if needed.

 
At October 23, 2010 at 6:48:00 PM EDT , Anonymous Anonymous said...

Allowing filing I485 will be a great benefit for us waiting of priority date. This will give our family members an opportunity to work and use their education and talent for development.... Are we not wasting Human Capital/resource by making qualified people sit at home?... Please consider allowing filing 485.
Thank you

 
At October 12, 2011 at 12:43:00 PM EDT , Anonymous anderson said...

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At August 14, 2012 at 3:10:00 AM EDT , Anonymous Electrician Houston Texas said...

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At June 11, 2013 at 4:12:00 PM EDT , Anonymous Anonymous said...

What is extended review of I-140 ? How long does it take ?


In my case I-140 & 485 is filed concurrently.

 
At July 18, 2013 at 10:42:00 PM EDT , Anonymous mgig said...

When you look at the job position cutbacks in America, USCIS right now is having a hard time to follow the legal process of protecting every immigrant to make sure he or she have a fair chance at citizenship. I do appreciate you for this writing because it was very enlightening.

 
At July 29, 2013 at 11:42:00 AM EDT , Anonymous Anonymous said...

My I-140 & 485 applications are pending for almost 1.75 years now. (My priority date is current as I am EB2-ROW)

Can anyone please tell what is extended review of I-140 & I-485 ?

 
At May 1, 2014 at 1:46:00 PM EDT , Anonymous Anonymous said...

My I-140 & 485 applications are pending for almost 5 years now. (My priority date is current as I am EB2-ROW)

Can anyone please tell what is extended review of I-140 & I-485 ?

 
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