eeezzz
10-09 04:14 PM
and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
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immiusa
08-14 03:00 PM
You did good thing by not sending unnecessary documentation. It is your bad luck to have an RFE for unnecessary documentation.
Some times people do send the few additional document even if they are not required. This could lead to a problem.
Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply
People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.
Some times people do send the few additional document even if they are not required. This could lead to a problem.
Ex: While attending a personal interview at a USA consulate. Every body suggests "Answer to question", not more and not less. The same rule should apply
People send extra documentation as a precautionary measure. But an IO officer may not understand the necessity of the document and send you an RFE. which would potentially delay the approval process.
Ann Ruben
02-10 11:57 AM
Saurin,
Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.
Ann
Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.
Ann
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gc_bulgaria
09-29 02:10 PM
We got FP notice along with EAD card in mail today. The appointment is for a date when we will be traveling - has anyone gone to New Orleans office as a 'walk-in' and gotten their biometrics done?
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raminmd
08-14 06:36 PM
....and I understand that. I would be pissed off too if my priority date was earlier and my status was still pending. I actually believe that this is a fight for all of us and that is one of the reasons, I have contributed before and will continue to contribute to IV. This does not change the fact that I am in a messy situation. I posted to get some advise not to antagonize people.
snathan
05-23 06:15 PM
Here is Ron's reply for the questions/concern
Hi Ron,
Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.
If we give the case number and employer name, would there be any impact/side effect ?
I will keep you posted and thanks a lot for your time
===========================
Reply from Ron:
All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.
Hi Ron,
Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.
If we give the case number and employer name, would there be any impact/side effect ?
I will keep you posted and thanks a lot for your time
===========================
Reply from Ron:
All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.
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sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
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permfiling
09-08 11:42 PM
Permfiling,
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
My response is not supposed to be mean. I too wish that eb3 progresses. Well if by all means go ahead and do the process if the law permits but won't those cases get more complex?
The lawyers are hungry to get more $$$ as the case is complex and the processing as well.
member of North California Chapter
Donated $500 to IV
EB2 PD 2005
Your response to this post is harsh/mean.
Can you give a single reason why not these guys shouldn't port or stick with their EB-2 priority date?
We should wish EB-3 dates also move and the guys get their GC before porting EB-3 to EB-2, otherwise EB-2 will retrogress (that�s the truth) and those are eligible to port will do it.
Frostrated,
It seems you missed the step of porting while filing I-140 (EB-2). Now, ask your attorney about the options.
My response is not supposed to be mean. I too wish that eb3 progresses. Well if by all means go ahead and do the process if the law permits but won't those cases get more complex?
The lawyers are hungry to get more $$$ as the case is complex and the processing as well.
member of North California Chapter
Donated $500 to IV
EB2 PD 2005
more...
mirage
01-29 09:43 AM
I'm still Confused you guys are EB3 India SEP why are your applications even looked at ? As far as I knew your applications stay in the big black hole unless your Priority date is current....
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
It seems we are in synch.
Sep 04
MTR approved in December 09.
RFE for EVL on 23 rd Jan 23 rd.
Replying this week.
Let us see what is in store.
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palemguy
09-16 10:47 AM
Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.
We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?
I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.
Is any one got the similar response?
Please share your thoughts on this
Thanks,
palemguy
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logiclife
01-26 04:21 PM
Also mention the points mentioned here by myself and Walden Pond. These are the apprehensions that many desis and chinese H1Bs have about raising their voice.
There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.
Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.
And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.
--logiclife.
There is nothing unethical or illegal going on in here. Please use these talking points to clear any fears or apprehensions that newcomers have about participating in something so basic and 100% legal and moral.
Remember, we have a moral high ground when compared to illegals. And even illegals are not afraid as much as some of us are initially when thinking about volunteering or contributing. WE ARE LEGALS.
And also remember one thing...silent observation from your cubicle is not going to help. DO NOT THINK for one second that silence is going to be rewarded. With silence, nothing will happen. Situation might worsen. By raising your voice there may be benefit but it might not hurt you. STAND UP. Raise your head about your CUBICLE and SPEAK UP. Speak with either with your keystrokes on the forums or with your wallet. Silence is NOT GOLDEN here and frankly...its in a democracy and on matters of public policy SILENCE SUCKS.
--logiclife.
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invincibleasian
03-02 12:22 PM
Hi All,
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!
I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.
I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.
Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.
I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!
This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.
Only thing though is my wife would need to attend interviews.
Any suggestions/feedback will help me and all other people in this situation.
Thank You,
The 116
Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!
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malibuguy007
10-02 10:37 AM
Thanks Jayleno, you know your contribution will go a long way.
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sku
12-30 10:07 PM
All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
Ist Question
I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
I will really appreciate the help.
IInd Question:
For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?
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gccovet
08-22 10:30 AM
Coming back on H-1B after using EAD
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
=========================
Is it possible ? if yes then how ?
Is there any risk in this ?
Thanks for all who reads and reply..
I am not 100% sure on this reply ....
As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.
Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.
You may want to check with some good attorney though.
Sorry, not much help.
Good luck.
GCCovet
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days_go_by
08-19 11:22 AM
What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
-----
140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
In fact this migh even hurt us a little more if they stop concurrent processing.
-----
140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
In fact this migh even hurt us a little more if they stop concurrent processing.
more...
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mnq1979
08-13 03:08 PM
Guys!!!!
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
Pls. for heaven sake relax...wats wrong with u all.....from past 1 week i m reading this kinds of thread that WE DIDNT GET OUR RECEIPTS....why are u indulging ur selves in supersticious thoughts....jst relax, wait and see....i myself have filled my I-485 in July....and have spoken to my lawyer abt
refilling to which he said NO right away and tell u wat HE WAS FIRM with it....he said to be little patient.....dont jst think NEGATIVE.....THINK POSITIVE
also....my msg to every one is JUST RELAX....and PRAY....:)
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Michael chertoff
08-04 03:09 PM
Someone gave me red for this post...i dont understant why???
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brad_sk2
08-14 06:22 PM
But you cannot apply for first EAD/AP before applying for 485, correct? I would be surprised if we can apply for EAD/AP just after LC or 140 approval and when dates are not current for 485.
meridiani.planum
07-13 12:32 PM
Folks,
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
Please advise if you have any knowledge on the issue. Also, I am aware that I will need to take a good lawyer advise on this but what I looking for is your take.
Background:
During July'07 fiasco I was able to submit my first 485 application on the 07/02/07 itself. Because of the volume of applications received, USICS was taking a long time to issue receipts. Since we all were hearing stories of applications getting lost or returned or denied for not explicit reason and I was afraid that this window of opportunity may not open for a very long time, I decided to re-file my 485 application based on the same I-140 on Aug 10th, just days before the window closing. Both applications were filed at Nebraska Service Center.
In September 2007 USCIS issued me the receipt notice for the first application. So I decided to put a stop payment on the second application, in the hope that my second application will be rejected without prejudice. That did not happen. I got a letter from USICS threatening me to adversely affect all my future 485 applications. So I paid. A different A# was issued to me for my second application. (So I have two A#s now) Also, per their website, my receipt date for the second application is the date they received the corrected payment, which is some time in late November.
Now, my priority date is current. I am thinking of taking one of the following actions. Please advise, what should be an appropriate course of action.
a) Do Nothing as I might get my first 485 will adjudicated before they start working on the second application, whose receipt date is sometime in November.
b) Send a letter to USICS requesting them to withdraw my application (Please advise what reason should I state)
I am afraid to choose option 2 as they might send my application for some sort of reconciliation.
Thanks
Sunny
talk to an attorney.
I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.
honge_kamyaab
02-02 12:41 PM
Thanks nozerd & GVR for the responses. Helps out a lot in planning the trip.
I guess googling the SIN application process would help, but if you have reliable pointers please send them this way.
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
I guess googling the SIN application process would help, but if you have reliable pointers please send them this way.
At POE they will ask you for an address for the PR card. Normally at land border they are strict and wont take a friends address etc. At airport they tend to be easier on you in accepting any address.
You dont need to do anything else. You may apply for a SIN number (Canada equivalent for an SSN) so that in the future if and when you do move there you can start working from day 1 because YOU WILL need SIN to work in Canada.
Many also start a bank account to show ties. You can do this depending on how much chance you think there is if you move there in the next 3 yrs before you loose your PR status.
