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  • ImmigrationAnswerMan
    07-24 12:58 PM
    rsharma:

    For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.

    So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".





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  • mariusp
    02-22 09:47 PM
    Yeah, I had to refresh the page a zillion times :) Ctrl F5

    Here are the PDFs I saved:
    NSC: http://www.mediafire.com/?dfmddmf9brw
    TSC: http://www.mediafire.com/?9t9n19jxycy

    I went to web site and it still shows Jan processing dates.
    How is it possible?





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  • Munna Bhai
    04-27 11:41 AM
    Hi,


    I am in a unique situation as far as capture of earlier PD is concerned.

    My company had filed an LC for me in EB3 with PD of Oct '03.

    I get fed up waiting for that and got another LC filed with PD Nov 05 in EB2.

    I have got my I140 approved for the same and also 3yr ext. based on that as well.

    My EB3 LC is approved as well now.

    My question to somehow capture the PD of my EB3 LC.

    Is it possible ? Is anyone in the same boat ?

    Regards.

    Get I-140 approved for EB3 case and then swtich to another company and start fresh GC and once you are ready to file I-140 at new company, take this approved I-140 for EB3 and port it.

    Hope this helps.





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  • smuggymba
    03-09 02:36 PM
    I guess u need to have an approved labor in EB2 to even think about it. You can't port because you dont have an approved EB2 labor.

    which moron gave a red for this post? What is wrong abt this post?



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  • kirupa
    03-02 04:07 AM
    Lill - the last day is March 27th :)





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  • qualified_trash
    11-30 09:56 AM
    if you have an approved I140, you can get a 3 year H1 extension. Just make sure that your new employer does PERM + I140 ASAP and you can retain your PD.

    industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.

    also, make sure you speak with a lawyer.



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  • GCcomesoon
    08-25 04:38 PM
    Hi

    My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.

    Here are the case details

    Thanks

    GCcomesoon
    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007
    my case - I131 - approved - 7/24/07
    spouse case - I131- approved- 09/12/07
    EAD approved for spouse - 08/20/07
    EAD approved - 10/25/2007 - for me
    LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
    LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
    FP for spouse - 08/08/07 , I rescheduled it.
    FP scheduled - 10/03/07 - Done
    FP scheduled - 12/12/2007 -
    Case approval for me (email ) - 04/24/08
    FP( for 485 ) -05/17/08
    Physical card- 08/03/08
    Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )





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  • dj1234
    02-12 02:59 PM
    Rishikesh:

    How much time did NSC take to approve your I-131 after you submitted the RFE?

    I am in the similiar situation.

    Please reply. Thanks


    Luckily I had all but the 1st one when I entered in US. Please see the format letter below [please note that I am copying the format from a word doc & may not display correctly


    Dear Sir/Madam,
    In response to your letter requesting evidence for FORM I-131. Please find below mentioned details.

    a. Copies of all I-94 issued- I do not have copy of I-94 that was issued to me on <>Date (my first arrival in US on H1). The original I-94 was returned to airline official at the time of boarding the flight.

    The following entries are in TAB format
    Date of Entry mm/DD/yyyy
    Date of Exit mm/DD/yyyy
    I-94 # NA
    Copy Avail? N
    Remarks Original I-94 was handed over to airlines staff at the time of boarding [Departed by flight xxx ]. To support my claim, please see attached passport copy that shows arrival record in India on <xxx> [pages 3-4]

    b. Approval notices for extensions or change of Status- My original H1 [XXXX] expired on [XXX]. An H1 renewal notice was filed on [XXXX] and was approved on [XXX] [WAC-XXX]. I am attaching copies of both the approval notices.

    c. Any other Evidence of your lawful immigrations status: I am attaching a copy of approved I-140 [SRC-XXX] and a copy of I-485 filing receipt [WAC-XXXX]

    d. Evidence of relationship: I am attaching the following documents
    1. Copy of my birth certificate
    2. Copy of my marriage certificate

    Thanks & Regards,


    <Your Name>
    Encl:
    1. Passport copy pages displaying the visa issued ,date of entries to US on H1 and displaying the date of arrival in India [6 pages]
    2. Copies of H1 approval & extension approval notice [2 pages]
    3. Copies of I-94�s issued [5 pages]
    4. Copy of I-140 approval [1 pages]
    5. Copy of I-485 filing receipt [1 pages]
    6. Copy of birth certificate [1 page]
    7. Copy of marriage certificate [1 page]


    Hope this helps


    QUOTE=MYGCBY2010;193771]How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...[/QUOTE]



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  • H1Girl
    10-13 02:52 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!

    As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )





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  • kumjay
    06-28 03:46 PM
    USCIS is thinking of setting the priority date to ......India's independence day Aug-15-1945. Mera Bharat Mahaan.



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  • vikramy
    08-17 10:16 AM
    I recently transferred my license week back. I just showed my EAD. He cheked online and gave license based on that. At the end he took 485 photo copy.

    This is at Dublin DMV.

    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.





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  • gc_dream07
    08-05 06:30 AM
    I am in similar situation.

    I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.

    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.



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  • pappu
    11-06 05:45 PM
    This is exactly the piece-meal approach/bill that several people wanted to support.

    But i think IV core is backing CIR.

    My 2 cents - CIR ain't happening this year (its almost mid-nov now and health care hasn't even been debated on the floor yer). Even enxt year is a long shot.

    Need to back this bill.

    Do not misrepresent IV's position.

    IV supports every bill that can get relief to our community. However if the sponsor of the bill is not going to take the bill further or the leadership is not going to take it up, there is no chance for the bill at this time. Some bills are simply placeholder bills or introduced to state a lawmaker's position on an issue. At this time the political situation is favoring CIR and nothing else. However much you try and ask them to try piecemeal approach, the inclination is to pursue CIR. This situation can change with time and piecemeal approach may be pursued if CIR fails. Please continue to watch the political analysis and news to know how everything is moving or being influenced by other issues like healthcare.





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  • maddipati1
    08-13 07:01 PM
    It makes predicting when our applicatios will be done a little harder :)


    what the hell r u trying to say :D



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  • eyeopeners05@yahoo.com
    06-02 03:04 PM
    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.


    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?





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  • Nil
    11-09 11:32 AM
    This was very prompt of you guys.
    Keep up the momentum.
    The community and (we believe) this country needs professionals of your caliber.



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  • kminkeller
    03-09 01:51 PM
    Thanks va_dude.

    I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.

    I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.





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  • newuser
    05-14 07:48 PM
    There is a live debate going on CIR

    Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.





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  • lenbin
    07-06 12:17 PM
    @ gc wanna be
    it works perfectly especially if ur company is on good standings as u mentioned in ur post.
    PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.





    Eternal_Hope
    02-27 02:49 PM
    About 25,000 PERM labors were approved in 2007 for Indian nationals. Assuming a 2.5:1 ratio of 'GC filed:Labor approved', implies that each year 62,500 GC are demanded by Indians under EB. Since only 10,000 are available (across all EB classes), this implies each year a backlog of 50,000 cases is created for Indians.

    Since PD are essentially retrogressed from Nov. 2005, we can assume that since then another 100,000 Indians have joined the GC backlog. It can also be assumed that between 2001 and Nov. 2005 there must be another (atleast) 50,000 waiting for GC.

    Assuming these numbers are correct, a person filing for labor today is looking to wait for atleast 15 years before getting a GC (150,000/10,000).

    As for those wth PD prior to Nov. 2005 - well..... probably anywhere between 1 to 5 years .....

    Comments on the analysis.........?





    wandmaker
    11-18 06:48 PM
    enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.



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