No movement for Eb2 - India even in Feb...It sucks

[chakrakr]

Think it this way guys.

Why do the PD's of Targeted employment categories are current ( like a nurse.... Infact they enter with green card into the country and a relative of mine who came in after two years i started with F1 and got her citizenship when i was still filing under EB3) -Simply ....The most desirable people

and why do the PD's of Family based visa's for India and Mexico stuck in90s.(Simply ....Very less demand).

These are the two extreme ends of the US likability spectrum

Beleive it or not we (Eb3 and EB2) are at the other end of the likability spectrum

End of the day i am happy living here rather than living in chennai where the powercut is 18 hours out of 24hrs a day.

You probably never understood the discussion. Noone is complaining about different category. The question raised is -- why did it happen that a person with PD in 2007 got a GC while someone with PD in 2006 is still waiting (AGAIN all these cases are for same category, same country of birth etc)

[tonya]

yep...I personally know a couple of EB2-2009 case approvals while i should have got my GC before them (EB2-PD Apr2007). Life in general is not fair as you think it should be.Look around... Trying hard to count my blessings and be happy instead of grumbling at others and be unhappy....

[shandan]

@tonya I comend your attitude towards life....

[JoeF]

Well said. Those making all these noise should be able to show a policy that says all things (country of birth, category, no RFE etc) being equal someone with a PD of 2008 is indeed entitled to GC before someone with a PD of (say) 2005.

Also, GC is not a right but they forget that freedom of speech is a right -- even for non-Citizens.

Well said. Those making all these noise should be able to show a policy that says all things (country of birth, category, no RFE etc) being equal someone with a PD of 2008 is indeed entitled to GC before someone with a PD of (say) 2005.

Sigh.

There is no FIFO for the GC approvals.

It is perfectly legal, perfectly ok that people who are current can get approved in any order.

It has absolutely nothing to do with entitlement. You are not entitled to a GC, even if the PD for you is current. If you want entitlement, go to your home country. You are entitled to that.

Case closed.

[AxialTilt]

Sigh.

There is no FIFO for the GC approvals.

It is perfectly legal, perfectly ok that people who are current can get approved in any order.

It has absolutely nothing to do with entitlement. You are not entitled to a GC, even if the PD for you is current. If you want entitlement, go to your home country. You are entitled to that.

Case closed.

Your ship has sailed, you got your GC, you don't care about people stranded in the middle of the ocean anymore, very easy to say just go back, travel all the way back, forgo whatever u travelled so far, case closed. It is not that easy.

People here are just sharing their thoughts that FIFO is a fair policy and when it doesn't work out like that, it stings. When you see people with a later PD than yours get GC before you do, it does matter. The whole concept of PD is to ensure FIFO, and when the whole cause is getting defeated by the crazy movement of PD's, it is not as simple as 'move back, case closed' just because your ship has sailed.

[chakrakr]

Sigh.

There is no FIFO for the GC approvals.

It is perfectly legal, perfectly ok that people who are current can get approved in any order.

It has absolutely nothing to do with entitlement. You are not entitled to a GC, even if the PD for you is current. If you want entitlement, go to your home country. You are entitled to that.

Case closed.

First Legal and Logical are not the same. Anyone can rote the laws as written and spit it out but it takes an attorney and judge to "interpret" it logically.

Coming to the point, it is not illegal to approve 485 in random order but it is illogical. Years ago, it was law that one need to leave the country after 6 years on H1, no matter if 140 is approved. Some sensible people (not you obviously) thought through , raised questions and law was changed. So again, what is legal need not be logical.

BTW, as a citizen , you ought to know that this country allows Freedom of Speech even to non-citizens , even to illegal immigrants not to speak of legal immigrants. OP exercised this right which you did not seem to like. Your problem not our.

[JoeF]

you don't care about people stranded in the middle of the ocean anymore

Wrong.

Therefore, all your follow-up "conclusions" are wrong as well.

I would not be here if I didn't care.

Case closed.

[t75]

Complaining about the system does nothing but give you an ulcer. If you are not prepared to "go with the floe", you are better off going elsewhere.

[catx]

The whole concept of PD is to ensure FIFO.

Respectfully, that is a common misconception. The priority date (PD) is used as a way of specifying a batch of persons eligible for an available permanent residency visa (green card) -- it is not used to determine a person's order in the approval queue, It is semi-FIFO at best. Other factors that come into play are (of course) backward movement (regression) of the current priority date, the date a petition for adjustment of status or consular processing is received by the USCIS, and that the USCIS treats every petition as a unique case. These combine to make the process 'non linear' with respect to an individual's priority date. (Each case being considered individually coupled and the specific details of that case often result in a person with a later priority date being approved earlier.)

'Fairness' relative to priority dates (e.g. FIFO) is a misnomer. The process has worked this way since everyone in the current backlog started pursing their permanent residency (green card), and as posted by others, U.S. permanent residency is an individually granted benefit at the discretion of the U.S., not an entitlement nor right.

[chakrakr]

Complaining about the system does nothing but give you an ulcer. If you are not prepared to "go with the floe", you are better off going elsewhere.

Complaining about the system does nothing but give you an ulcer. If you are not prepared to "go with the floe", you are better off going elsewhere.

Change never happens unless people questions. Had people not complained, slave system would have continued even now

[JoeF]

Respectfully, that is a common misconception. The priority date (PD) is used as a way of specifying a batch of persons eligible for an available permanent residency visa (green card) -- it is not used to determine a person's order in the approval queue, It is semi-FIFO at best.

Thank you. Finally a voice of reason and cluefullness.

The PD indeed only which people can have their I-485s approved. It does not and has never given an order.

Each I-485 stands on its own and is processed by a different examiner. Each I-485 can have different issues, or different interpretations of issues. Examiners have discretionary powers. If somebody doesn't like the discretionary powers that the USCIS examiners have, they may go for Consular Processing. Consular Officers have significantly less discretionary powers.

I really wish people would educate themselves about these things before posting diatribes and/or trying to ridicule the people who actually know this stuff. These people only did their own hole deeper.

[Shurap1]

Your ship has sailed, you got your GC, you don't care about people stranded in the middle of the ocean anymore, very easy to say just go back, travel all the way back, forgo whatever u travelled so far, case closed. It is not that easy.

People here are just sharing their thoughts that FIFO is a fair policy and when it doesn't work out like that, it stings. When you see people with a later PD than yours get GC before you do, it does matter. The whole concept of PD is to ensure FIFO, and when the whole cause is getting defeated by the crazy movement of PD's, it is not as simple as 'move back, case closed' just because your ship has sailed.

I can understand the pain one going through when he/she sees people who filed on a later date gets approved before someone who have filed much earlier.

However think about a scenario where you are standing in a post office window queue and when your turn comes and you are not ready with your documents, they will ask you to go aside and will tell you to complete the documents.

Similar but not same concept is applicable at USCIS. First there is no single queue here, there are multiple queues. The queue is based on the EB Category, PD, RD and Country. Then the cases are getting processed based on RD however ONLY those cases gets approved for for which the documentation is received/approved such as security checks cleared, name checks cleared, FBI checks etc. So even if officer picks the case who has an earlier PD and/or RD, the case cannot be approved due to pending actions on these cases. There is a high chance that case with later PD and/or RD, gets all the clearance from different departments and can be approved before the case with earlier PD and/or RD.

There are different departments involved in processing the 485 applications and establishing single queuing system is simply not feasible. Why? Think if your case cannot be cleared for some reason, why to keep others waiting in the queue and waste the visas for fiscal year?

Hope this helps.

[t75]

Be careful about how you whine. USCs have very good reason to take that as an indicator of the "entitlement" guest workers seem to have. You hurt your position more than you help.

Most citizens with a long family history in the US can find family members of theirs who were denied entry at Ellis Island after long sea voyages and much hardship. Your stories are nothing in comparison with those of the past. QYB

[AxialTilt]

Respectfully, that is a common misconception. The priority date (PD) is used as a way of specifying a batch of persons eligible for an available permanent residency visa (green card) -- it is not used to determine a person's order in the approval queue, It is semi-FIFO at best.

You are contradicting yourself, you say it is a way of moving the system forward based on PD - which clearly means the design is FIFO. But because of inefficient work (that is the best way to describe the crazy movement of PD's in a a country which runs on technology), the FIFO got messed up in a very bad way. Everyone knows that.

[AxialTilt]

Be careful about how you whine. USCs have very good reason to take that as an indicator of the "entitlement" guest workers seem to have. You hurt your position more than you help.

Most citizens with a long family history in the US can find family members of theirs who were denied entry at Ellis Island after long sea voyages and much hardship. Your stories are nothing in comparison with those of the past. QYB

We are not living in 1890's anymore, you are asking us to compare with people in 1890's and feel happy about it???

[catx]

You are contradicting yourself, you say it is a way of moving the system forward based on PD - which clearly means the design is FIFO. But because of inefficient work (that is the best way to describe the crazy movement of PD's in a a country which runs on technology), the FIFO got messed up in a very bad way. Everyone knows that.

Respectfully, you need to read what you quoted from my post. I stated it is "semi-FIFO", based on batches or persons selected by date, and yes miscalculations and regression have contributed to issues.

That being said, the priority date is not, and has never been, used to determine a person's position in the queue or processing order relative to others. It was never designed nor untented that way, and it is a misnomer to interpret as such. It is not, and has never been, analogous to getting a number in a line and waiting for it to be called in sequential order.

[chakrakr]

However think about a scenario where you are standing in a post office window queue and when your turn comes and you are not ready with your documents, they will ask you to go aside and will tell you to complete the documents.

Not right analogy. There are many cases where there are no RFE (means you are ready with documents) but still someone mysteriously get delayed while some other gets there GC. The whole thing is a blackbox and no one knows what mess is happening inside. In all likelihood, they are picking up 485 applications randomly (not in FIFO) and it is just a game of roulett.

[cap-gap]

Be careful about how you whine. USCs have very good reason to take that as an indicator of the "entitlement" guest workers seem to have. You hurt your position more than you help.

LOL..thanks for the laugh...there are illegal immigrants marching down the streets in masses for 'their rights''

[cap-gap]

U.S. permanent residency is an individually granted benefit at the discretion of the U.S., not an entitlement nor right.

Show me a single AOS peition,otherwise qualified, denied by adjudicating officer just bcz he does not want to..

murthy law firm helps and posted several succesful experiences of individuals whose petitions have been in pending beyond normal processing times..when PDs are current..no AOS reviewr told them to "just leave"...

The "OPINIONS" (rather advices) of "suck it up or leave USA" shows that many immigrants fail to capture the essence of USA even after decades...

there was infact similar attempts made when this modern democracy was a baby..in the name of "ALIENS and Sedition Acts"..but they grew wise 200 years ago, but most modern immigrants cant comprehend even today..

[catx]

... many immigrants fail to capture the essence of USA even after decades ...

I for one have lived as an immigrant and legal alien in the U.S. off and on for 24 years in total. (I was a permanent resident as a child when my father was a professor at a U.S. (public) university.) During that time I have taken U.S. civics in school, including having to rewrite the Declaration of Independence and Constitution in my own words. My "opinions" are based on a thorough understanding of the essence of the USA.

(For reference, I have an approved I-140 petition, am employed by the same employer since 2006, and am in the EB3 preference category awaiting my priority date to become current.)

[lost_immigrant]

Cap- gap.u r simply awesome...

[chakrakr]

I for one have lived as an immigrant and legal alien in the U.S. off and on for 24 years in total. (I was a permanent resident as a child when my father was a professor at a U.S. (public) university.) During that time I have taken U.S. civics in school, including having to rewrite the Declaration of Independence and Constitution in my own words. My "opinions" are based on a thorough understanding of the essence of the USA.

(For reference, I have an approved I-140 petition, am employed by the same employer since 2006, and am in the EB3 preference category awaiting my priority date to become current.)

You mean you are in US since 1996 and still waiting for your PD to be current ? In another post you said your children have been in US since 1996. Or maybe you are one of those rare wealthy person who can pay for their child's elementary-middle-high school education in US (while not earning in USD).

[catx]

You mean you are in US since 1996 and still waiting for your PD to be current? In another post you said your children have been in US since 1996. Or maybe you are one of those rare wealthy person who can pay for their child's elementary-middle-high school education in US (while not earning in USD).

To clarify, I was a permanent resident (green card holder) between 1968 and 1974 (7 years) when my father was a professor at a U.S. (public) university. After living back in my home country for several years, I moved to the U.S. for a job in 1995 on a TN visa, and have been here ever since (17 years). My family joined me (on TD visas) in 1996 after we had sold our house. I worked for a series of smaller companies (which were not able to support sponsoring permanent residency) on 1 year TN visas. In 2006 the company I was working for was bought by a larger U.S. company with extensive international operations, and an on-staff immigration paralegal and attorney on retainer. After the first year they sponsored me for a H-1B visa, and after that permanent residency (green card). For reference, I work in engineering and construction, not in IT / computer systems, and am in the EB3-ROW preference category.

[Belle]

To clarify, I was a permanent resident (green card holder) between 1968 and 1974 (7 years) when my father was a professor at a U.S. (public) university. After living back in my home country for several years, I moved to the U.S. for a job in 1995 on a TN visa, and have been here ever since (17 years). My family joined me (on TD visas) in 1996 after we had sold our house. I worked for a series of smaller companies (which were not able to support sponsoring permanent residency) on 1 year TN visas. In 2006 the company I was working for was bought by a larger U.S. company with extensive international operations, and an on-staff immigration paralegal and attorney on retainer. After the first year they sponsored me for a H-1B visa, and after that permanent residency (green card). For reference, I work in engineering and construction, not in IT / computer systems, and am in the EB3-ROW preference category.

I am sure your lawyer asked that question, but I am going to do it again - are you aware of either your mother or your father getting a US citizenship while you were living in the US as a child? Actually, better yet - have you checked the naturalization records, just in case? As a minor you would have automatically obtained citizenship in such circumstances.

[catx]

Belle, thank you for the follow up. I am aware of the criteria for automatic U.S. citizenship for a minor that you are referring to in your post.

Neither my father nor mother became a U.S. citizen when we were in the U.S. as permanent residents. When I started my permanent residency process in 2007 / 2008 I submitted a complete family history and supporting documentation to the immigration lawyer, including copies of my parent's green cards (now canceled), their social security numbers, my father's selective service registration, etc. The lawyer is very good and investigated all potential avenues for permanent residency (including checking the USCIS records).