JunRN
12-29 04:42 PM
The problem really was that IOs are not properly briefed on AC21. There are some cases where they have to ask their supervisors about it. What if the supervisors are also not familiar with AC21?
As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.
As others are saying, IOs will soon gain more knowledge on AC21 as many will use it due to the retrogression. Until that time, it is risky.
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sidm
04-10 12:51 AM
^^This is not gonna happen... and even if it did....well I guess the companies will finally take notice when there are no new people to hire and fire and their bottom lines are hit with permanent hires for every small and odd project......guess what that they will do then....outsource more work to other countries......:)
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
Good or bad, Virtue or Vice, companies simply can't hire permanent employees with full 'American' benefits for short-term projects....this where the consulting leeches come in.....its all supply and demand man....
eb3retro
01-31 02:03 PM
Well, everyone wishes the rumour to be true.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.
Core members - what say you???
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
Well, you are bringing up a very good point. May be we can setup a webfax event to USCIS, for allowing us to I-485 even if PD is not current, so that they can reap the exact benefit of this fees hike.
Core members - what say you???
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alterego
10-11 04:27 PM
Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
Sorry to hear about your situation.
The one consolation is that once you get to file your 485, you should not spend too much time in that pending 485 situation.
So if you ask me today, would I rather have filed 485 with a PD of 2006/7 or be in your situation, as bleak as your situation looks today, the better choice might be your situation.
Good luck.
more...
Daisy
01-07 01:14 AM
I am in exact same situation. The company that is going to sponsor my H1 checked with two attorneys and both said that I will need a fresh H1 in April07 and I can start working from Oct07. Even I never got to work on my earlier H1. I guess this is because you need previous paystubs for H1 transfer. Let me know if you hear otherwise from your attorneys.
gc_buddy
04-01 06:48 PM
That's true. But if there is G28 attached to your I 485, then the attorney can act on your behalf.
As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
Any inputs..
As per my understanding, Lawyer or employer can not withdraw I485. I may be wrong, I 485 can be only withdrawn by applicant.
Any inputs..
more...
rockstart
02-13 09:44 AM
I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.
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vasu009
02-10 06:51 PM
> *** DO NOT RESPOND TO THIS E-MAIL ***
>
> The last processing action taken on your case
>
> Receipt Number: LINxxxxxxxxxxxx
>
> Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
>
> Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
>
> On February 10, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
>
> If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
>
> *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
> *** Please do not respond to this e-mail message.
>
>
> Sincerely,
>
>
> The U.S. Citizenship and Immigration Services (USCIS)
>
> The last processing action taken on your case
>
> Receipt Number: LINxxxxxxxxxxxx
>
> Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
>
> Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
>
> On February 10, 2009, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done. This case has been sent to our NATIONAL BENEFITS CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
>
> If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
>
> *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
> *** Please do not respond to this e-mail message.
>
>
> Sincerely,
>
>
> The U.S. Citizenship and Immigration Services (USCIS)
more...
ilwaiting
12-12 02:18 PM
hehe check this out. New EB category. With PD Sep'06.
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Very Funny.
Iraqi & Afghani Translators.
Very Funny.
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coloniel60
08-13 11:53 PM
As of now 10% have said that they are going to re-file. That's lot of re-filers.
more...
baba2s
11-25 04:59 PM
Pappu,
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
As DOS has posted the NVC backlog numbers as on November 1, 2009, if the core team look at it and update the analysis. This data is not categorized via month but still may be helpful in prediction.
Thanks
http://www.travel.state.gov/pdf/WaitingListItem.pdf
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gc28262
03-27 11:49 AM
"somebody who should not be allowed in your house" is not necessarily a security threat."
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
Whaa? You're kidding, right? If there's an intruder in my house, he could be Santa Claus but for me he is a security threat. Are you just arguing now for the sake of it? You keep talking about logical reasoning, but I don't see a shred of it coming from your side.
I am not the one who is arguing for the sake of it. You are. So far I haven't seen any "in depth" logical reasoning from you. I am not replying anymore to your arguments unless you come up with some real logic.
more...
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Berkeleybee
04-10 06:55 PM
Friends:
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
I was just going through the Immigration and Nationality Act as posted on the USCIS webpage. http://uscis.gov/graphics/lawsregs/INA.htm (see Section 274A)
I did not find any reference to the employment authorisation document (EAD card) in the INA. The reference to the EAD occurs in the Title 8 of the CFR (http://uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903/slb-27920?f=templates&fn=document-frame.htm#slb-cfrp274a) The CFR is defined on the USCIS website as below (emphasis added by me).
"The general provisions of laws enacted by Congress are interpreted and implemented by regulations issued by various agencies. These regulations apply the law to daily situations. After regulations are published in the Federal Register, they are collected and published in the Code of Federal Regulations, commonly referred to as the CFR. The CFR is arranged by subject title and generally parallels the structure of the United States Code. Thus, Title 8 of the CFR deals with "Aliens and Nationality", as does Title 8 of the U.S. Code."
Unless, I missed something, the Secretary of the DHS has the authority to issue a regulation requiring the agencies to issue the EAD at any stage, similar to the powers the Secretary has to extend the validdity of the EAD beyond a year if he seems fit. Am I correct in my interpretation? I would welcome any person to please point out the applicable law (not regulation) which mentions that EAD can only be given after appling for adjustment of status and not before.
If I am way off base on this, then brickbats are also welcome.
bkarnik,
Excellent, creative question. Alas, the answer to this lies not in the INA itself but the Code of Federal Regulations.
To be specific, 8 CFR 274 a.12(c) (9) (http://a257.g.akamaitech.net/7/257/2422/01jan20061500/edocket.access.gpo.gov/cfr_2006/janqtr/pdf/8cfr274a.12.pdf) is what allows employment authorization at the adjustment of status stage. See page 658 of the linked document.
I was about to write an explanation of 8 CFR 274, but then I found this excellent summary which describes the regulation of the employment of aliens http://www.coane.com/pdfs/workpermits.pdf
Now how do we go about changing this provision to include I-140 -- not sure.
However, it is simply a case of moving the ball around --
either you ask that people be able to file adjustment of status even if visa numbers are not available
OR
you ask that 8 CFR 274 a.12(c) (9) be amended so that people with approved I-140s be allowed to get EADs and Advance Parole.
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hydboy77
02-10 11:52 PM
Congrats on getting your green card. its nice to see people like you visiting and participating in IV after getting green card.
I have a question for you. You said in your post below that your 485 was approved end of september 2008. But I thought the visa numbers were already exhausted by august 21 2008 for eb2 india. Are u sure you got approved in end of September 2008 and not in august, did you actually get an email end of september or your LUD on 485 was actually end of september. Please dont get me wrong, I am not questioning your sincerity, I am just trying to understand if infact some case were approved in september as well for eb2 india.
Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off an (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.
I have a question for you. You said in your post below that your 485 was approved end of september 2008. But I thought the visa numbers were already exhausted by august 21 2008 for eb2 india. Are u sure you got approved in end of September 2008 and not in august, did you actually get an email end of september or your LUD on 485 was actually end of september. Please dont get me wrong, I am not questioning your sincerity, I am just trying to understand if infact some case were approved in september as well for eb2 india.
Its a small good news. I got similar status update last year sometime in Aug/Sept before my I-485 was finally approved around end of Sept '08. My case was originally filed at CSC and then was transferred to NSC. I got this message when NSC finally picked up my transferred case, dusted it off an (I'm guessing) input it in their system. Most likely your cases went the similar route and now they have been finally picked up by the destination center for processing.
more...
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greensignal
11-09 10:34 PM
Still waiting for FP and no SR is filed
Hi Guys,
I just received my FP Notices today for me and my wife. It is scheduled on Nov 30th.
Hi Guys,
I just received my FP Notices today for me and my wife. It is scheduled on Nov 30th.
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TomPlate
02-28 12:33 PM
No, because those cases are not outside of processing times.
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
I did not understand 'are not outside of processing time'. Can you please explain in detail.
My other thought is for July 2007 485 filer, 180 days is already completed. Assume the namecheck started on Aug 2007....
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eager_immi
01-31 01:57 PM
I agree. No filing for 485 hence no Fee for USCIS. Also does this increase in fee mean in increase in effecieny :)
Well, everyone wishes the rumour to be true.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
Well, everyone wishes the rumour to be true.
But you know what, to realize the increase in fees for the I-485, they should allow people to file for it. Unless people start filing for I-485's they are not going to make the $2billion in 2 yrs. If retrogression continues, guess the fee increase doesn't make much sense.... Not sure whether I am right or wrong here.
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willIWill
11-02 12:40 PM
WOW...
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
In a matter of minutes my indicator has gone to 3 reds. Am I missing something... ?!!!
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sparky_jones
10-02 01:03 PM
I am not sure what a_to_z_Gc is looking for more details, but I would like to now if your case was transferred from NSC to CSC and back.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
Those whose cases have transferred back to NSC have not received the FP notices. I would like to know if your case was transferred back to NSC.
My case was transferred from NSC to CSC, and then to TSC. I guess its because my I-140 was approved by TSC. I got my FP notices from TSC.
plassey
08-16 09:43 AM
I think the "someone" you mentioned was me. Feel free to use my name. Glad I could be of help ;)
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
Folks,
I am going to share with you what I have done regarding refilling and why I have done that.
Call me a paranoid or something else but the fact of the matter is that time period between July 2nd and Aug 17th is a golden opportunity that may not present itself for several years now.
Though the chances of my application getting rejected due to mail room error is less but in the game of probability everyone of us stand equal chances of getting hit by a thunder bolt.
Just a side note - They install lightning rod on buildings to protect from lightening even though chances are 1 in 700,000. Well, my odds are much worse than that. Hence, I need to protect myself.
Regarding filling multiple 485 applications, Rajeev Khanna has categorically stated in one of his meetings that he is doing it. And we all know he is a person of good reputation.
There are two scenarios I can think about:
a) My July 2nd is accepted: In such cases either my later filled application is automatically rejected or they will send me a letter asking me to choose one.
Someone on one of his/her post had mentioned about stop payment idea. He may have a point. Call USCIS and you will find out that only thing they will do is reject your application, which is what you want if your earlier application is already in process.
Somebody also stated just like what they did in H-1B cases on 04/02/07, they may reject both applications, well; H-1B case was different due to lottery system.
b) My July 2nd application is rejected: Well, I just protected myself from a thunder bolt.
Having suffered in Green Card race for so long, my risk taking capacity has greatly been reduced. I am not advising or urging anyone to take any action. I am just sharing what I did.
himu73
10-01 08:04 PM
Hello,
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance
My application was sent on July20th to NSC.
Today I got a transfer notice saying application is transferred to Texas Service center. question
1. The Receipt number starts with WAC (CSC) but the notice tells it is under Texas service center. Where exactly is the application.
2. Is the Transfer notice same as application receipt or I will get a separate application receipt ? I do not see any received date column on the transfer notice.
3. What is the number starting with A on the transfer notice. Different numbers for me and my wife ?
Thanks in advance