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EB2-NIW I-485 Nebraska (any receipt date)

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Posted by natan111 (831) 20 Jan 2018#1276
to a1be:

In the case of RAISE Act they are NOT grandfathered and there is a good reason for that. The proposed "merit-based" system would be impossible to implement with grandfathering of I-140s because that would mean processing of decades of old I-140s. There could be millions of those I-140s, according to many Indians stuck in the "backlog" and, critically, the numbers of visas would not change. Logically the only way to implement the "merit-based" system, as proposed in the bill, is to revoke all approved I-140s. (Cynics may believe that's actually the goal.)

This bill has not been proposed yet, in the context of DACA fix. But Sen. Perdue (an author of RAISE Act) is now coming up with the proposal that will answer the GOP's proposal, because the latter is not going far enough. Sen. Cotton (the other author) is also talking about what they plan to do to "fix" the current merit-based system. The only good news is that both Senators co-sponsored the the SECURE Act, which does NOT ruin our lives, so they will likely support any similar bill that comes out before Feb 8. Fingers crossed.
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Posted by a1be (68) 20 Jan 2018#1277
to natan111:

I would be quite surprised if they don't grandfather current appications. For example, in April 2001 when the government moved to make it impossible for illegal aliens to adjust status, they grandfathered anyone that applied for AOS prior to the law change. That's why the man who came to the US 30 years ago illegally as a 10 year old (too old for DACA to apply to him) was deported even though he is married to an American. If he would have been married prior to April 2001 and submitted a green card application before that date he would probably be American by now.

The fact is you do not know for certain that people will not be grandfathered, and in past cases people were grandfathered. If they throw hundreds of thousands if not over a million people's applications out and force them to reapply it would be very surprising.

Note that the RAISE act is even opposed by some Repiblicans, and that means it will never pass as is.
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Posted by iviajid (21) 21 Jan 2018#1278
Do we know what would happen to I485 applications already submitted from countries with no previous backlog if the caps based on nationality go away?
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Posted by natan111 (831) 21 Jan 2018#1279
to iviajid:

No, we don't know. The bills like HR392 are effective immediately (in fact, retroactively). According to Sen. Cotton (a critical player in the shutdown drama now) such a bill may be included in the CR - if we are LUCKY. Because the Cotton proposal has ZERO transition periods, meaning we will have to wait 20+ years for Indian low-skilled ITs to process before our I-485 could get approved.

So, yeah...
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Posted by a1be (68) 21 Jan 2018#1280
to natan111:

Cotton is an immigration extremist. His proposals, as they stand now, are not supported by MANY Republicans so there is zero chance they will pass, in CR or any other form. You have to separate out the reasonable from the unreasonable and Cotton's immigration stance is definitely considered by many in DC to be unreasonable. Look at the Wiki entry for RAISe act for example. It says that even some Republicans oppose it.

Luckily there are a number of sensible people who understand that legal immigration is a massive benefit for this country. The only issue I have is that because there are enough extremists like Cotton they make a small but loud noise and as such get disproportionally listened to by news outlets, especially fringe ones like Brietbart. With all this chaos I think it makes sense to at least think about alternatives if you're an immigrant. In the meantime, hopefully reason will prevail and people like Cotton will not be allowed to damage the country.
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Posted by GoddamnNIW (205) 5 hours 58 minutes ago#1281
to a1be:

Anybody approved on the spot in Boston or anywhere else and still waiting for physical approval notice and green card?
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Posted by ethiodude (6) 4 hours 26 minutes ago#1282
Hi guys,

Do you know what the approximate wait time is these days between I-140 approval and I-485 interviews for concurrent fillings?
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Posted by leukemia (460) 3 hours 49 minutes ago#1283
Hi guys,

My I-485 is taking too long (RD12/16/2016) and my lawyer raised SR. This morning he got a response by email saying "USCIS records indicate your application is currently pending and has been pre-adjudicated." I'm little confused with this "pre-adjudicated". Do you guys think it is just another generic response or is it in line to be adjudicated? Thanks in advance.
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Posted by leukemia (460) 3 hours 48 minutes ago#1284
to ethiodude:

I did concurrent filing. My I-140 was approved on 10/19/2017, but I-485 is still pending.
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Posted by Waitisnotfun (101) 3 hours 33 minutes ago#1285
to leukemia:

I only wish if I knew USCIS's terminologies. They look different but apparently they've same meaning (keep waiting, you can't do anything, we do what we do on our own pace), at least to me. Hope I'm not correct :)
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Posted by mofa (142) 3 hours 20 minutes ago#1286
to leukemia:

Your case might be very close to getting RFE, just waiting and waiting.
Hope to get RFE soon.
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Posted by ahsaz (162) 2 hours 39 minutes ago#1287
To all NIW I-485 filers,

If you have recently received RFE for your I-485 then please update your tracker accordingly so we can better estimate the time line for when to expect our GC. I have seen several tracker users who updates their RFE status months after they received. So please if you have received your RFE at anytime recently then update your tracker.

My I-140 has been approved on 10/3/2017 and no news about my I-485 so far. I had an infopass on 10/31/2017 but the officer did not give me useful information about my status. He just took copies of my I-140 approval notice and my I-485 receipt notice.

My Service Request which I raised on 10/22/2017 was responded on 11/20/2017 to with the following response (case in line to be reviewed, wait 60 days).

I waited until 1/2/2018 and called L2 officer by phone, the officer told me that my case is currently "under review"

As of today it has been more than 60 days since SR response and I am planning to call L2 officer again and get the most up-to-date status about my case. If I am not satisfied with the officer's response then I have another infopass scheduled for this Thursday.

Am I pushing too much toward getting the info I need about my I-485 from USCIS?

Everyone please keep updating your status timely.
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Posted by kuzmat (955) 2 hours 3 minutes ago#1288
to a1be:

LOL! They already have changed NIW rules and gave zero fucks about the people who submitted their applications in full compliance with old standards. Natan111 is waiting for almost two years, just because of this change. There is no surprise if they will just derail all NIW applicants once again.
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Posted by mofa (142) 1 hour 56 minutes ago#1289
After 12 days from raising the second SR just received that"on January 22, 2018, your inquiry about why your case is taking longer than our processing time, was assigned to an officer for a response."

waiting for a generic response!
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Posted by Waitisnotfun (101) 1 hour 50 minutes ago#1290
to mofa:

Curious to learn if they assigned Dec cases to officers for processing. Last month, I received my SR response as "case is in line to be assigned to an officer". My second SR is yet to be assigned to an officer for response. Had got 60 days gift in my first SR :(
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Posted by FranceDreamer (75) 1 hour 46 minutes ago#1291
to kuzmat:

What does it mean? please provide the link for this, and from your opinion, what would the consequences for these changes on the Adjust status applications?
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