Juan28210
04-19 02:03 PM
Thanks Pappu! I will try to search in the archived articles first and will just post a follow up question if I need further clarification.
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chanduv23
01-30 11:31 AM
These are small regulations that agencies can do. But even for such changes, the time period to get it done is very long (several months to a year). At least DOL woke up and acted. It will still leave a door open for sellers to stay happy and able to substitute labor. However it is not easy to find a buyer of a LC in 45 days.
All these are small problems compared to retrogression. Labor substitution rule will not get any visible or any noticeable relief to us. We will continue to stay retrogressed and wait for another 10-15 years for our greencards. It is important for us to contnue to fight to end retrogression by getting a legislative change done. As long as members are there to support IV, the organization will use every means to get relief measures for all of us. The coming months are crucial to our struggle. We need to stay united and continue the effort of making this organization a formidable force on the hill. IV members writing negative comments on various forums or feel disheartened should know that to get even a smallest job done is not easy. They are not only harming the whole effort and making anti immigrants happy, but also harming themselves by hurting this cause. Sometimes it is sad to read such negatve comments when you know how hard it is to work with limited time, resources, manpower and lack of much needed motivation in members.
BTW In our recent efforts we did give anti-immigrants shivers down their spine. It can be seen from their posts on their sites and also the hate mails they write on our forum and send to core members. You dont see a lot of it because we moderate posts. We are not scared of anyone. All this has only made our resolve stronger to fight it out and fix the system.
Hi pappu, in the mainstream life and based on how things work in the United States or any other country, do you think we must actually care and scare anti immigrants? Do they really have the clout? What is their basis of opposition? Do they have a strong lobby? What is the basis of their lobby? it is eviddent that politicians tend to be easy on them because they are citizen and vote and they have to listen to them, but otherwise, do we really put ourselves and our efforts on par with these junk organizations?? Are they any progressive groups? Do they have people with great minds and innovative ideas?
All these are small problems compared to retrogression. Labor substitution rule will not get any visible or any noticeable relief to us. We will continue to stay retrogressed and wait for another 10-15 years for our greencards. It is important for us to contnue to fight to end retrogression by getting a legislative change done. As long as members are there to support IV, the organization will use every means to get relief measures for all of us. The coming months are crucial to our struggle. We need to stay united and continue the effort of making this organization a formidable force on the hill. IV members writing negative comments on various forums or feel disheartened should know that to get even a smallest job done is not easy. They are not only harming the whole effort and making anti immigrants happy, but also harming themselves by hurting this cause. Sometimes it is sad to read such negatve comments when you know how hard it is to work with limited time, resources, manpower and lack of much needed motivation in members.
BTW In our recent efforts we did give anti-immigrants shivers down their spine. It can be seen from their posts on their sites and also the hate mails they write on our forum and send to core members. You dont see a lot of it because we moderate posts. We are not scared of anyone. All this has only made our resolve stronger to fight it out and fix the system.
Hi pappu, in the mainstream life and based on how things work in the United States or any other country, do you think we must actually care and scare anti immigrants? Do they really have the clout? What is their basis of opposition? Do they have a strong lobby? What is the basis of their lobby? it is eviddent that politicians tend to be easy on them because they are citizen and vote and they have to listen to them, but otherwise, do we really put ourselves and our efforts on par with these junk organizations?? Are they any progressive groups? Do they have people with great minds and innovative ideas?
jammerules
07-16 09:14 PM
We should fight this pig... who spreads false news for ratings.
Americans always talk about how some middle east countries spread Hate to its citizens.
What is going on here?
What is his news all about?
He is developing hate and racism in Americans by quoting false information on Legal immigration.
At work place people ask me if i was overstaying...I am sick and tired of explaining everybody.
Fight the xenophobic pig.
FIGHT THE PIG:mad:
Well said dude....I second your comment on the imbecile! I wish he would spend one night in the mexican neighborhood and I bet my brown ar#e he would be skinned alive!!:D Oh BTW, signed the document!!!
Americans always talk about how some middle east countries spread Hate to its citizens.
What is going on here?
What is his news all about?
He is developing hate and racism in Americans by quoting false information on Legal immigration.
At work place people ask me if i was overstaying...I am sick and tired of explaining everybody.
Fight the xenophobic pig.
FIGHT THE PIG:mad:
Well said dude....I second your comment on the imbecile! I wish he would spend one night in the mexican neighborhood and I bet my brown ar#e he would be skinned alive!!:D Oh BTW, signed the document!!!
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axp817
06-03 11:06 AM
"On March 27, 2009, you filed a motion to reopen. You indicated the use of the applicant's ability to "port" under section 106(c) of the American Competitiveness in the 21st Century Act (AC21). The requirements were met and the motion to reopen was approved.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
CONCLUSION: It is concluded that the grounds stated for denial have been overcome.
ORDER: It is ordered that the motion to reopen be approved. The Form I-485 is "pre-adjudicated" awaiting visa availability."
Congratulations, and that is probably the most 'relieving' MTR approval message ever.
Thank you for sharing your story.
more...
mbartosik
12-14 10:01 AM
... in the subject and the body of your post, I'm guessing it's not really a typo... :)
jazz
just sleepy :confused:
jazz
just sleepy :confused:
DeportDobbs
07-16 09:07 PM
If anybody that is useless on the great America Land, it is a self proclaimed fake-nationalist person like Mr. Dobbs. He not only is conveying a wrong information but also hurting the nation with his misdirections... How can a person, who spends hours of time driving to and from work every day, even have a time to gather real statistics??
more...
desi485
02-28 02:14 PM
I had a quick question to ask. My, current H-1 visa is expiring on July 30, 2008. Also, my current I-94 and I-797 is expirin on the same date. I am eleigible to apply for extension 6 months in advance, starting Jan. 30, 2008. However, my question is if I apply for my H-1 visa extension now (say Feb. 28, 2008) and the extension comes by April 30, 2008; will that invalidate my H-1 visa stamped till July 30, 2008.
Please refer me to any official memos if available. Thanks in advance.
This is a wrong thread for asking this question. This thread is for discussing issues of using AP on future H1B transfer or extensions.
However, as per my knowledge, your stamped visa till last date still remains valid. Pls check with your attorney.
Please refer me to any official memos if available. Thanks in advance.
This is a wrong thread for asking this question. This thread is for discussing issues of using AP on future H1B transfer or extensions.
However, as per my knowledge, your stamped visa till last date still remains valid. Pls check with your attorney.
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arkrish68
04-15 02:24 PM
does soft LUD mean RFE is comming or does it mean there are just pre adjudicating. Seems like a lot of people who got a soft LUD on 485 recieved rfe. Are there any people who had a soft lud on 485 but did not recieve any rfe.
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...
semilarly does not having any soft LUD on 485 mean your application has not been picked up for pre adjudication.
Not always true. They might be pre adjudicating. My 485 app had soft LUD on 02/10 and no RFE till today...
more...
nlssubbu
11-09 07:24 PM
Pros of using H1B:
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
1. If I-485 denied or having issues in getting approved, then you can still continue with your H1B and have peace of mind.
2. You can bring your spouse / dependents using H4
3. Getting Driving License renewal up to the duration of H1 is not a problem.
4. Can renew in 3 years time period after I-140 approval and can avoid frequent renewal of EAD hassle.
5. EAD renewal every year is expensive and can save money!
Pros of using EAD:
1. Can get a job where the company is not willing to sponsor.
2. Can save H1B time and can be used in future, if needed. [I read about this some time back and users need to check regarding it's validity]
3. Can change companies without any documentation using AC21. [USCIS don’t ask don’t tell policy?]
Please add in appropriate category, if I missed any information.
My 2 cents!
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anai
02-14 09:03 AM
Oh wait. I get it now. We're probably mistaken in thinking anand26's idea is to improve IV; looks like the idea is to promote "yelling at people" as a way of life.
The plan is to do nothing oneself but make a random to-do list for other people; so we should also respond in the same spirit.
Here are some things you should do, anand26; now do it quickly and report back to this forum by tomorrw:
Eat more broccoli.
Raise money for IV.
Do not use "zapata" in a sentence ever again
See. Anyone can do this. Pretty easy. Thanks Anand26 for sharing this idea.
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
The plan is to do nothing oneself but make a random to-do list for other people; so we should also respond in the same spirit.
Here are some things you should do, anand26; now do it quickly and report back to this forum by tomorrw:
Eat more broccoli.
Raise money for IV.
Do not use "zapata" in a sentence ever again
See. Anyone can do this. Pretty easy. Thanks Anand26 for sharing this idea.
Ok, if advertising is too far-fetched, then hold some cultural events and make money on those. Brainstorm with members to find other ways to make money. People are not going to contribute. That is the writing on the wall. There is lack of trust and lack of faith in IV. IV will have to figure out ways to generate cash from other things than member contributions. If I remember correctly, people contributed nearly $200K and have got nothing to show for that.
These suggestions are because you think money is the issue. I don't think it is. It's the lack of good leadership. That is my opinion and it was point of my original posting. Lack of money is being blamed wrongly. But may be I am wrong.
Attack my ideas and not me. Then we can have a debate conducive to achieving our goals.
more...
caliguy
09-17 02:40 PM
KubMilegaGC - thanks for all the support.
I am now waiting for October 1st, attorney said that they will send an inquiry through AILA. I am not sure if I should call USCIS now, as they tell me to call after 60 days based on the response they sent to the inquiry that was made by the local senator.
I also got a response for my 09/04 Infopass appointment today. It says "Based on the documentation you have provided, your cases qualifies for expedited processing. You should hear back from us within 45-60 days. If you do not hear back from us within 60 days, please call us back.
I have no clue what that means? I have not provided them any documentation in the last 2 years. LUD on my case is from April 2009 (when I filed for AP/EAD) and status update is for the document they sent to me for FP in September 2007.
I filed for AP last year in May 2008 and didnt see any updates at that time either. I have no idea where my case is or whats going on with it. Let's hope for the best.
Again, congrats to you. After 16 days of pain and agony, I am glad you got your GC today, you can now relax and move on with your life. You too have been great support in the last 3-4 days.
I am now waiting for October 1st, attorney said that they will send an inquiry through AILA. I am not sure if I should call USCIS now, as they tell me to call after 60 days based on the response they sent to the inquiry that was made by the local senator.
I also got a response for my 09/04 Infopass appointment today. It says "Based on the documentation you have provided, your cases qualifies for expedited processing. You should hear back from us within 45-60 days. If you do not hear back from us within 60 days, please call us back.
I have no clue what that means? I have not provided them any documentation in the last 2 years. LUD on my case is from April 2009 (when I filed for AP/EAD) and status update is for the document they sent to me for FP in September 2007.
I filed for AP last year in May 2008 and didnt see any updates at that time either. I have no idea where my case is or whats going on with it. Let's hope for the best.
Again, congrats to you. After 16 days of pain and agony, I am glad you got your GC today, you can now relax and move on with your life. You too have been great support in the last 3-4 days.
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walking_dude
11-20 10:12 AM
Join us in opposing the Hypocisy of Lou Dobbs.
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ThinkTwice
07-11 05:12 PM
With the immense success of the 'Gandhigiri' movement, there is possibility that this rally could get the desired attention.
Please encourage people you know to join in the rally.
-We have members of the chinese community joining us in large numbers.
-We have a member of the Indian Student Association of the SanJose State University trying to spread the word.
The momemtum is gathering, please do your part.......
Thanks
Please encourage people you know to join in the rally.
-We have members of the chinese community joining us in large numbers.
-We have a member of the Indian Student Association of the SanJose State University trying to spread the word.
The momemtum is gathering, please do your part.......
Thanks
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piyushmittal
07-11 10:21 PM
[QUOTE=sachug22;261611]We know:
EB1 and EB2-ROW was current the whole year, which means there are not many pending+ready cases.
They have used all EB3 visas.
What they are left with is 20,000 visas(10-15% of 140,000 since more than 80% was used in first 3 quarters). This will be mostly for EB2 India/China.
They may not have enough pending+ready application for pre-april-2004 (previous VB). So they had to moved the date forward to get enough applicantions not to waste the numbers.
I think the above reasoning is right. They have many visa numbers left and also have visa numbers spilling from EB1. They dont want to waste it (finally!!) thus moved the date forward to approve many visa quickly as they did June 2007 before July fiasco. They approved 30-40 K applications at that time.
EB1 and EB2-ROW was current the whole year, which means there are not many pending+ready cases.
They have used all EB3 visas.
What they are left with is 20,000 visas(10-15% of 140,000 since more than 80% was used in first 3 quarters). This will be mostly for EB2 India/China.
They may not have enough pending+ready application for pre-april-2004 (previous VB). So they had to moved the date forward to get enough applicantions not to waste the numbers.
I think the above reasoning is right. They have many visa numbers left and also have visa numbers spilling from EB1. They dont want to waste it (finally!!) thus moved the date forward to approve many visa quickly as they did June 2007 before July fiasco. They approved 30-40 K applications at that time.
more...
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chanduv23
07-02 09:50 AM
It looks like, in many cases, employees are ready to put up with the crap due to some reason or the other but come to IV and complain because they want to vent out their frustration and organizations like IV is the sweet old mom who will hug anyone who needs support and they feel the comfort and warmth under IVs arms.
Where else can they go? Not AILA offcourse, not Compete America, not ALIPAC , nor their lawyers, cannot discuss with friends or coworkers - everyone is looking out for themselves and will not bother about other's issues (unfortunately thats how people are)
So many people come here to see if they find some solace - if IV starts a new initiative to help thewse people out - will they come out of their shadows and utilize the services?
Where else can they go? Not AILA offcourse, not Compete America, not ALIPAC , nor their lawyers, cannot discuss with friends or coworkers - everyone is looking out for themselves and will not bother about other's issues (unfortunately thats how people are)
So many people come here to see if they find some solace - if IV starts a new initiative to help thewse people out - will they come out of their shadows and utilize the services?
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cdeneo
04-22 05:25 PM
Another question for the group related to porting from EB3 to EB2 -
I-485 for the EB-3 application was filed for both the primary applicant and the dependent spouse. Now the primary applicant and spouse are separated.
Once the new EB2 Perm application is filed and is followed by the premium I-140 petition that should get approved - and since no I-485 application is required this time around - would both the primary applicant and spouse get the GC based on the original I-485 pending application?
Since the primary applicant and spouse are now separated - how does one get the spouse's I-485 application cancelled since the spouse has moved out of the country.
Any insight would be very appreciated. Thanks!
If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.
IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.
I-485 for the EB-3 application was filed for both the primary applicant and the dependent spouse. Now the primary applicant and spouse are separated.
Once the new EB2 Perm application is filed and is followed by the premium I-140 petition that should get approved - and since no I-485 application is required this time around - would both the primary applicant and spouse get the GC based on the original I-485 pending application?
Since the primary applicant and spouse are now separated - how does one get the spouse's I-485 application cancelled since the spouse has moved out of the country.
Any insight would be very appreciated. Thanks!
If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.
IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.
more...
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factoryman
02-07 03:02 PM
.. and quit day dreaming.
Go here (http://thomas.loc.gov/bss/109search.html), search for 'To make unused EB3 visas available to bring nurses to the United States through Department of State procedures' , which law makers were instrumental in inserting provisions to benefit Sch.A workers and then go to this page (http://capwiz.com/aila2/home/), put in your Zip Code. Act now and let's write to your law makers. Be brief. Say you are a productive tax paying worker, or something like that. Act in your individual capacity. I did. For 45236.
Do you know, :confused: , how a strong, financially huge group had already written to these congressmen (http://www.coalitiononhealthcarestaffing.org/lame%20duck%20letter%20lables%20-%20house%20of%20reps.pdf) and these senators (http://www.coalitiononhealthcarestaffing.org/lame%20duck%20letter%20lables%20-%20senate.pdf)for RECAPTURE of 90,000 unused visas, AGAIN for Sch. A workers.
I know there was a long discussion about this a while ago. My PD is in 2005 in EB2 category.
Any guesses as to how long it will take without any reform? Is there a good guess on the total number of pending LCs in the queue? I would like to take that number and divide by 1400 (2800 for EB2/2).
Go here (http://thomas.loc.gov/bss/109search.html), search for 'To make unused EB3 visas available to bring nurses to the United States through Department of State procedures' , which law makers were instrumental in inserting provisions to benefit Sch.A workers and then go to this page (http://capwiz.com/aila2/home/), put in your Zip Code. Act now and let's write to your law makers. Be brief. Say you are a productive tax paying worker, or something like that. Act in your individual capacity. I did. For 45236.
Do you know, :confused: , how a strong, financially huge group had already written to these congressmen (http://www.coalitiononhealthcarestaffing.org/lame%20duck%20letter%20lables%20-%20house%20of%20reps.pdf) and these senators (http://www.coalitiononhealthcarestaffing.org/lame%20duck%20letter%20lables%20-%20senate.pdf)for RECAPTURE of 90,000 unused visas, AGAIN for Sch. A workers.
I know there was a long discussion about this a while ago. My PD is in 2005 in EB2 category.
Any guesses as to how long it will take without any reform? Is there a good guess on the total number of pending LCs in the queue? I would like to take that number and divide by 1400 (2800 for EB2/2).
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unitednations
03-31 12:28 PM
UN,
I don't mean to embarass you or make you feel awkward by thanking you every time you post, but the excruciating detail that you get into, in your posts, to back your statements never ceases to amaze me, and I know I speak for a lot of people here.
That being said, if I may bother you with one more question.
Lets assume that the 140 is revoked right after the employee leaves, and the employer had 100% abilitiy to pay the employee until that moment.
6 months after the employee left, and after the 140 was revoked, the employer gets an ability to pay RFE on some other pending or unrevoked 140 of theirs. In that case ,can the 140 that was revoked 5 months ago be in danger?
Of course, this is assuming that all AC21 memos till date are considered binding, and no memo changes to AC21 have happened.
USCIS uses three criteria in deetermining ability to pay;
1) net income is more then labor wage
2) net current assets is greater then labor wage
3) person is getting paid labor wage from date of filing labor
#3 is the only one that does not have dependency on employer financials and the # of filings that a company may have done. If person wasn't getting paid labor wage from date of labor filing then dependency is on company financials and if there is adding up together then there is issues.
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
I don't mean to embarass you or make you feel awkward by thanking you every time you post, but the excruciating detail that you get into, in your posts, to back your statements never ceases to amaze me, and I know I speak for a lot of people here.
That being said, if I may bother you with one more question.
Lets assume that the 140 is revoked right after the employee leaves, and the employer had 100% abilitiy to pay the employee until that moment.
6 months after the employee left, and after the 140 was revoked, the employer gets an ability to pay RFE on some other pending or unrevoked 140 of theirs. In that case ,can the 140 that was revoked 5 months ago be in danger?
Of course, this is assuming that all AC21 memos till date are considered binding, and no memo changes to AC21 have happened.
USCIS uses three criteria in deetermining ability to pay;
1) net income is more then labor wage
2) net current assets is greater then labor wage
3) person is getting paid labor wage from date of filing labor
#3 is the only one that does not have dependency on employer financials and the # of filings that a company may have done. If person wasn't getting paid labor wage from date of labor filing then dependency is on company financials and if there is adding up together then there is issues.
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
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Brightsider
07-24 11:48 AM
Having seen numerous threads in which the exchanges became rude/sarcastic/rude or even outright abusive and vulgar, I was hoping that this would not become one.
Ron, while you may have a point in what you say, sarcasm and taunts will get you no where. As you said, the 'antis' are gearing up, suggesting (I presume) that the effort of all of us should be more concerted and determined. But you are not doing yourself any favor by saying the things that you do.
Raji had a point of view, and has not been rude or offensive in expressing it. In fact, her/his first post was out why it is not good to use the AILA template. Well, PASKAL did try to address. Raji's tone or tenor of posts did not merit a peremptory reply, much less a rude one.
Be that as it may, I do believe fervently that even if someone insists/demands an answer, you can always ignore it instead of being rude or aggressive.
That way there will be more people on IV'S side.
Ron, while you may have a point in what you say, sarcasm and taunts will get you no where. As you said, the 'antis' are gearing up, suggesting (I presume) that the effort of all of us should be more concerted and determined. But you are not doing yourself any favor by saying the things that you do.
Raji had a point of view, and has not been rude or offensive in expressing it. In fact, her/his first post was out why it is not good to use the AILA template. Well, PASKAL did try to address. Raji's tone or tenor of posts did not merit a peremptory reply, much less a rude one.
Be that as it may, I do believe fervently that even if someone insists/demands an answer, you can always ignore it instead of being rude or aggressive.
That way there will be more people on IV'S side.
raju123
07-11 06:09 PM
My 2 cents
Please contact international students from local universities.
Please contact international students from local universities.
arkrish68
03-10 11:49 PM
As per the link there are around 620,249 I-485 applications to adjust status. Here is the link.
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Januar y09.pdf
Here is the actual verbage from the document.
Major volumes of pending applications at the end of January 2009 include: 1,417,978 I-130 immediate/all other petitions; 620,249 I-485 applications to adjust status; 286,701 I-765 employment authorizations; 190,238 I-90 green card renewals/replacements; 163,015 I-821 temporary protected status; 147,951 I-751 remove conditions spouse jointly/waiver.
Footnote: �Initial Receipts data only reflects the number of applications that USCIS was able to fee receipt and/or data enter into a case processing system. Applications currently held in USCIS mailroom facilities but not processed to the point of recognition as Initial Receipts are deemed frontlog cases. These frontlog cases are also not reflected in Pending figures.�
http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Januar y09.pdf
Here is the actual verbage from the document.
Major volumes of pending applications at the end of January 2009 include: 1,417,978 I-130 immediate/all other petitions; 620,249 I-485 applications to adjust status; 286,701 I-765 employment authorizations; 190,238 I-90 green card renewals/replacements; 163,015 I-821 temporary protected status; 147,951 I-751 remove conditions spouse jointly/waiver.
Footnote: �Initial Receipts data only reflects the number of applications that USCIS was able to fee receipt and/or data enter into a case processing system. Applications currently held in USCIS mailroom facilities but not processed to the point of recognition as Initial Receipts are deemed frontlog cases. These frontlog cases are also not reflected in Pending figures.�
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