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  • zuhail
    05-28 10:33 AM
    All Employment-Based I-485 Inventory pending at the Service Centers as of March 08,2010.

    From Murthy Law Firm : U.S. Immigration Law (

    1. USCIS Update on Pending Employment-Based I-485s
    The U.S. Citizenship and Immigration Services (USCIS) has updated charts of pending employment-based (EB) adjustment of status (I-485) cases. These charts provide precise details of the numbers of I-485 cases currently filed and pending with the USCIS by year and month of priority date, and country of chargeability. They provide a helpful picture of the pending demand for the limited immigrant visa numbers in each EB category. They also can be compared to earlier charts to gain insights into visa number usage.

    Background on USCIS Charts on EB I-485s
    The USCIS started providing the pending EB I-485 charts after the overhaul of the USCIS WebSite. The first set of these charts was reported to MurthyDotCom and MurthyBulletin readers in our article, USCIS Shares Useful Info in Pending I-485 Charts (30.Oct.2009). As before, there are six separate charts with details of pending EB I-485 cases.

    Current USCIS I-485 Charts and Usage of Immigrant Visas
    The most recent charts (PDF 450KB), with data as of March 8, 2010, are available on the USCIS WebSite. The real insight that can be gleaned from these charts relates to the demand for immigrant visa numbers. In order for an I-485 to be approved, and for an applicant to become a permanent resident, there must be an immigrant visa number available. The immigrant visa numbers represent the annual limit on the number of foreign nationals permitted to become U.S. permanent residents in each fiscal year.

    Visa number availability is reflected in the U.S. Department of State (DOS) Visa Bulletin issued each month. The Visa Bulletin cutoff dates are established by the DOS based upon estimates of demand for immigrant visa numbers.

    The USCIS charts provide a picture of that demand and, for some, a clearer explanation of why the cutoff dates in the Visa Bulletin move so slowly or stagnate. MurthyDotCom and MurthyBulletin readers who are unfamiliar with the concept of priority dates, visa numbers, and the Visa Bulletin may find some of the articles on these topics helpful. They are posted regularly on MurthyDotCom, and available by using our search feature.

    EB2 Analysis and Backlogs for India and China
    In the EB2 category, historically, only India and China regularly experience cutoff dates in the Visa Bulletin. This is reflected in the volume of pending cases in EB2 for all countries other than India and China. There are enough visa numbers available to meet demand and, thus, there is not a large volume of pending cases. These cases can be routinely processed without delays due to visa number issues. Thus, there are only slightly more than 3,300 EB2 I-485s from countries other than India, China, Mexico, and the Philippines. Most of these cases have priority dates between 2005 to 2010.

    This contrasts sharply with the volume of cases pending in EB2 for nationals of India and China. China has 16,630 pending EB2 cases, most having priority dates between 2005 and 2007. India has more than twice as many as China, with slightly more than 39,000 cases pending. Of these, most have priority dates that fall between 2005 and 2007.

    When the current pending cases for EB2 India are compared to the chart provided in our October 2009 article, there is a noticeable change. The older charts show more than 6,000 pending EB2 India cases with priority dates in 2004. The newer charts reflect only about 300 such cases, and fewer than 300 with priority dates of earlier than 2004.

    Thousands of LC Filings in March 2005

    The Visa Bulletin cutoff date for EB2 India has been stagnant for four months as of this writing, with a cutoff date of February 1, 2005. The likelihood of forward movement increases, as the cases with earlier priority dates are processed to completion. However, one important reason for the stagnation in February becomes evident when reviewing the number of pending cases with a March 2005 priority date. The chart reflects more than 3,000 cases pending in EB2 India, with a March 2005 priority date. This is due to a large volume of labor certification cases filed prior to the shift to the mandatory PERM process in labor certification procedures, which occurred at the end of March 2005.

    EB3 Analysis and Maximum Pending EB3s for Indians
    The EB3 category has a demand for visa numbers that exceeds the supply for all countries of chargeability. The USCIS reports that, as of March 8, 2010, there were almost 136,000 pending EB3 I-485s. The vast majority - almost 60,000 - were filed by Indian nationals.

    There continues to be a large number of EB3 cases with priority dates as early as 2001 and 2002. There are even larger numbers of pending cases with priority dates between 2003 and 2007. When compared to the charts from our October 2009 article, there is a noticeable reduction - over 5,000 - in the number of cases with 2001 priority dates.

    These USCIS charts provide, for some, a rather grim picture of the wait time for visa numbers in their categories. For others, it may offer some hope that they are likely to be next in line. We believe that it is helpful to have a realistic picture and an understanding of why certain cases must wait for years for the I-485 approval under the current system. We appreciate the willingness of the USCIS to share these helpful updates so that individuals and their families can plan their lives.

    Copyright � 2010, MURTHY LAW FIRM. All Rights Reserved

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  • scorpioca
    05-17 04:38 PM

    I mom is from Nepal and Dad from India. Marriages between India and nepal is very common in my place, as we are border state. even my brother is married to nepali citizen and we have all my maternal family in Nepal.

    I was born in Nepal, but my parents never thought that getting nepali passport would matter, as we were in India. On passport and other documents my I put India as my birth place and no one ever asked for proof of birth place in India back then.
    Now for GC, i would need proof of birth( which i have, but from nepal) and that doesnt match my passport.

    Would it be advisable to correct my place of birth in Indian passport and all the records now? Can I have "nepal" as my place of birth in indian passport? Will be be still considered Indian citizen?

    How does all this affect my GC process? Any unseen dangers/after affects/side effects. please give your suggestions.

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  • ohguy
    02-12 10:42 PM
    No I did not receive any RFE earlier to this. It was in that Initial Review status all the time.

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  • singhv_1980
    01-31 11:23 PM
    I called USCIS this afternoon and found that you can have information sent to a US consulate about your application.

    When you call, select the option asks "are you calling about approved petition?", and then select the option that asks if you need to send the information about your petition to a US consulate. Since I was calling about some other app., I didn't go there. Perhaps you can give it a try.

    At what number did you call? Was it Kentucky Consular Center? Do you mean that we can have our information sent to PIMS system or consulate in India? In other words, does that say anything particularly about PIMS?


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  • sprash
    03-02 05:09 PM
    ok, here is the story:

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  • STAmisha
    11-16 10:07 AM
    I was thinking of askign my lawyer to change my case from non rir to rir ?
    i was wonderign if anyoenhas done it? and what are the risk factors in changing from non rir to rir?
    My pd is oct2002? nothign heard after teh 45 day letter....
    thanks waiting for eager response ..any oen has idea about a good lawyer please pass on the info about the lawyer too

    There is no -ve impact on coverting to RIR. If RIR is denied, you will still be processed as TR. You wont loose your PD


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  • Blog Feeds
    02-08 06:10 PM
    AILA Leadership Has Just Posted the Following: ( In October 2009, I wrote a blog talking about the disastrously long waiting lines for legal immigration to the United States. In Get In The Line? What Line? The Tragic Tale of Employment Based Immigrant Visa Delays (, I stated that:
    This delay in legal, employment based immigration is a crisis for America. If you are an intending immigrant, and your immigration option is employment based, do you have the patience the wait 15 years for your green card? Can you do better in Australia, Canada, or even back home in our home country? What is the cost to our future competitiveness of a broken legal immigration system? What is the cost to U.S. innovation? The Department of State just released its annual numbers for cases received by the National Visa Center, awaiting issuance of an immigrant visa at a consulate. The report says this:
    The following figures have been compiled from the NVC report submitted to the Department on November 3, 2009, and show the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limit. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well. Okay, the bottom line numbers? Bad, very bad. The total Family Numbers waiting for a priority date: 3,369,455, including 1,727,897 in the Brother and Sister (FB-4) category. At the 65,000 annual number level for that category, that is a 26.5 year wait (ignoring per country limits). The total Employment Numbers awaiting a priority date: 130,509, including 119,759 in the EB-3 category. This is at least a 3-4 year wait (again, ignoring per country limits). So, 3.5 million people waiting in line, or is it? The reality is worse. These do NOT include the those cases pending at USCIS!

    If we ad in the numbers pending at USCIS (as best we know them), the situation is far more grave. Family based petitions pending at USCIS in June 2009 (no new numbers are easily available), were 1.1 million, bring the total backlog to 4,400,000 for family cases. Employment based cases pending at USCIS in June 2009 numbered 80,000. This bring the total up to 210,000 for EB-3 cases. Wow!

    It gets worse though when you realize this simple fact. The numbers from the National Visa Center do not include cases for folks NOT consular processing. Frankly, and just just like in October when I first wrote about this, we do not really know exactly how many cases are pending immigrant visa availability. What we do know is that the legal immigration system is broken.

    When we hear politicians and uninformed folks yelling about illegal immigration and telling folks to wait in line like everyone else, the answer is, What Line?

    These numbers once again poignantly express the dilemma that legal immigrants have. Many feel, justifiably, that any immigration reform must FIRST focus on legal immigration reform, cutting down wait times to reasonable periods, BEFORE anyone who entered into or remained in the U.S. without permission is given ANY legal benefits. The answers are simple here, the question is, are there any politicians with enough courage to vote for real legal immigration reform?

    More... (

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  • nomad
    08-23 11:33 PM
    I did a concurrent submission of I140 and I485 on July 2nd. As and when the 140 PP comes back, can I get PP done even though I have already sent my application?

    Yes. You can change your application from regular to PPS at any time provided USCIS is accepting PPS for that category ( such as for I-140).


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  • h14life
    06-19 03:33 PM

    I am posting this on my friend's behalf. Here's his situation:

    a) He's on H1
    b) Applied for 485 / 765 / 131 through his employer.
    c) Still on H1; EAD & AP approved.
    d) Priority date no longer current for 485
    e) He gets married.
    f) Wife comes to US on H-4.
    g) He's interested in switching jobs so that he can move on to new company and utilize his EAD, but since his wife is here on H4 - she would lose status.
    h) Another thing is, she is also interested in working but can't do that on H-4.

    Question: Is it possible to add her name as a dependent on his existing 485 & apply for her 765 & 131 (EAD / AP), even if his PD is not current? I've heard that some lawyers can file petition; but they charge hefty amount. But I've also heard that PD needs to be current in order to add his spouse's name as a dependent to 485 / 765 / 131.

    Please let me know if it's possible to add the dependent regardless of PD being current or not.

    Thanks in advance.

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  • luckylavs
    04-30 03:39 PM
    Hi Dhundhun,

    I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.

    I have applied EAD renewal to AZ lock box. It was delivered on Mar 29. I have not got any receipt so far. Also check is not cashed.

    Now it is 30 days and I should be able to call USCIS.

    I have two questions:

    1. Mail was sent with delivery confirmation, which confirms delivery on Mar 29. What if the package is lost there? Could I applying again? How USCIS treats two applications?

    2. I have not received any receipt, except I have delivery slip from Post Office. In counting 90 days, is it taken based on receipt or based on Post Office slip?

    Thanks a lot.


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  • walker15
    03-17 10:15 PM
    Hi lavanyamohan and mhtahim,
    Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
    Frankly speaking I do not have any personal relations with the company.
    I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.

    All the best

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  • vdesai_8
    03-16 12:27 PM
    You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.


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  • chintu25
    08-19 05:45 PM
    Excellent job guys :)

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  • indio0617
    01-30 10:28 AM
    It should not be an issue. I know several people who have done this on a regular basis.

    You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.


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  • sukhyani
    03-05 12:32 PM
    Rest of the World.

    The interview didn't last more than 10 minutes. She asked for copies of current employment letter and a copy of future employment offer letter. She kept my original (first) I-94 and attached it to the file she already had.

    We were asked standard questions and additional proof of our relationship. We submitted copies of apartment lease, tax returns for 2006 (filed jointly).

    'Have a nice day' is what she said to signal that the interview was over. On our way out I asked her if we are not supposed to get a decision today. She said she had to review a couple of things and that there's 'nothing to worry about' and we should receive written decision within 4 weeks. She did mention about 'a couple of security checks being pending'. I asked 'like name check and stuff', she said yes. I didn't say anything about that new memo regarding Name Check Pending for more than 180 days and just walked out quietly, because she didnt seem like she was going to take any more questions :)

    Now I dont know what to do next? Any idea whats gonna happen? My PD, RD and ND all are current at this time.

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  • Sakthisagar
    11-30 03:58 PM
    I checked on the website, and it has a note - " Important Note: In certain cases of an old passports issued by an office other than the Consulate General of New York, a passport is issued for one year. In such cases, applicants have to apply for extension of the passport any time after 45 days. A passport is also issued for one year in cases of expiry of valid U.S. residence visa. In such cases, applicants have to apply for extension of validity as soon as valid U.S. Residence visa is approved. "
    Here's the link that I was referring to...

    What I meant to ask was, I cannot apply for a renewal until I get my new I797, right ? And, once I get it, and plan to travel, I'll go for a new visa stamp and I just want to make sure that I get it for the duration applicable and not until the expiration of the passport, and also that if i get my passport renewed here, I get it for another 10 or so years and not one.
    Also, could you please tell me how long does it usually take to get the passport renewed ? I'm in NY area.

    Thank you.

    To my knowledge.. Indian passport is renewed now for 10 years, of course Please apply for the renewal of passport as soon as you get the new I-797. (Otherwise they might give it for one Year). So You should get for a 10 year renewal.

    And regarding your stamping, I do not know your personal situation, If the travel to India is not very urgent, Please postpone it at least til you get your EAD/AP if you are planning for a permanent residency. Otherwise if you are going for stamping, its all your GOOD LUCK! especialy nowadays for H1B stamping.

    Usually it takes one and half months to renew the Passport in US. I have done it way back in 2003. I am not aware how long it will take now.

    Please talk to your attorney,and decide.


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  • Milind123
    01-25 09:19 AM
    Hello everyone,
    I went online to check the status of my I-485 and it displayed me the following message


    Current Status: Document mailed to applicant.

    On December 19, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    What does it mean? Does it mean that I-485 is approved.

    Pls guide.


    I have exactly the same message with a date of Dec 7th. However, I did not receive any kind of document from them and neither did my looyer. (BTW whenever I want to speak to her she is always away from her desk, spending the beter part of her day in the restroom, I assume).

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  • ssss
    05-18 12:56 AM
    Your question is not clear. "her green card expires on the 21st of august"

    - She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

    "she has an appointment on that day for what i think is to get her permanent residency"

    - If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.

    This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.

    Probably he is talking about the conditional green card one gets after marrying a US citizen

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  • seetheavatar
    09-22 10:22 AM
    Yes we got the card after a month.
    It went to a place where we never lived not sure how it went there.
    Anyway we didnt get the notices yet.
    Just the card.

    I'm in a similar situation and I opened an SR today. Did you see any movement?


    12-11 06:32 PM
    bumping up the thread!
    saw a post from a mn member and i guess this thread needs visibility!

    thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all

    12-11 05:13 PM
    Thanks enqueued, maddipati1,lskreddy, va_dude, vin13 for the valuable information. I really appreciate it.

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