optimystic
02-15 09:01 PM
Ok, so my PD got current (EB3 India). What next?
1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?
2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )
3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.
4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?
--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?
5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....
6)Should I be watching out for any LUDs this month or don't even bother until March
I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc
Thanks in advance.
1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?
2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )
3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.
4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?
--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?
5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....
6)Should I be watching out for any LUDs this month or don't even bother until March
I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc
Thanks in advance.
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bestin
10-09 01:13 PM
you have to apply for extension hope you got the passport renewed.
Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.
If you have filed for I-485 then your status will become AOS.EXACTLY,btb i was in canada and travelled back on 07 feb 07.My passport was valid till sep 07,but somehow the IO gave me i94 till my visa expiry in 2009.
Visa stamp is for entry, I-94 determines the status and length of stay. Even if the stamp is valid if I-94 is expiring you will be out of status.
If you have filed for I-485 then your status will become AOS.EXACTLY,btb i was in canada and travelled back on 07 feb 07.My passport was valid till sep 07,but somehow the IO gave me i94 till my visa expiry in 2009.
axp817
12-04 02:12 PM
I have to agree with AngelFire here. There is a clear distinction between the EB2 and EB3 eligibility requirements. And who are we kidding, if your employer or attorney were willing to file an EB2 petition for you, would you be the "One category for all, Joe" that you are now, and demand that your employer file in EB-3 instead? Of course not.
I'll admit it, I probably would have felt the same way if I was EB3. Being human sometimes makes us want others to not get what we don't have.
I am amazed that there supposedly are people working at gas stations with valid EB2 petitions? And a "LOT" of them, too. I highly doubt that.
There is a process and system in place to ensure the validity/genuine-ness of each application. If phony applications slip through that process, the process needs to be fixed and more checks established. I don't see how scrapping EB2 can fix that.
I'll give you an example. I know someone that has an EB1 (NIW or EA, one of these two) petition in process. To the best of my judgement, I don't feel that this person qualifies (at all) to be an EB1 Green card recipient. And this person getting their green card before mine comes along, will cause some discomfort to me. But I can't let that bother me too much. There is a system in place to ensure that these type of things don't happen, and I would like that system to improve so that the people who truly deserve EB1 Green cards continue to have that option.
I also know someone else that used the labor substitution option to get their green card within a year - start to finish. But this person was a genuine candidate for labor substitution. He had the necessary academic qualifications and work experience prior to the date of the LC, and the job was a valid one as well. He was a true example of what the labor substitution process was introduced for. Even if a large percentage of labor sub cases weren't as strong as his, I find it hard to hate everyone that benefitted from it, such as this person. It would be just wrong to say that this person violated any rules, because he didn't. Yes, I wish I qualified for some of these fast track options, but I don't, and I can live with that.
Thanks,
I'll admit it, I probably would have felt the same way if I was EB3. Being human sometimes makes us want others to not get what we don't have.
I am amazed that there supposedly are people working at gas stations with valid EB2 petitions? And a "LOT" of them, too. I highly doubt that.
There is a process and system in place to ensure the validity/genuine-ness of each application. If phony applications slip through that process, the process needs to be fixed and more checks established. I don't see how scrapping EB2 can fix that.
I'll give you an example. I know someone that has an EB1 (NIW or EA, one of these two) petition in process. To the best of my judgement, I don't feel that this person qualifies (at all) to be an EB1 Green card recipient. And this person getting their green card before mine comes along, will cause some discomfort to me. But I can't let that bother me too much. There is a system in place to ensure that these type of things don't happen, and I would like that system to improve so that the people who truly deserve EB1 Green cards continue to have that option.
I also know someone else that used the labor substitution option to get their green card within a year - start to finish. But this person was a genuine candidate for labor substitution. He had the necessary academic qualifications and work experience prior to the date of the LC, and the job was a valid one as well. He was a true example of what the labor substitution process was introduced for. Even if a large percentage of labor sub cases weren't as strong as his, I find it hard to hate everyone that benefitted from it, such as this person. It would be just wrong to say that this person violated any rules, because he didn't. Yes, I wish I qualified for some of these fast track options, but I don't, and I can live with that.
Thanks,
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harrydr
07-14 06:01 PM
What is PM me and how can i PM someone?
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ras
09-18 10:07 PM
Great Job...
kondur_007
08-19 10:57 AM
My knowledge in this issue is limited, but looking at above posts, I have two things to tell you:
1. It may be possible to convert to EB2, clearly it is not easy and it takes time. EB3 clearly has a longer wait than EB2, but the conversion process takes time as well (even if everything is well in line, you are looking at 1.5-2 yrs at least).
2. Whether you convert to EB2 or not, chances are, you will be still in line till immigration reform comes and kicks in. Please participate in all efforts to make sure that there are some good provisions for legal immigrants in immigration reform. If all of our efforts work, you surely will get your greencard soon, whether you convert to EB2 or not.
Good Luck.
1. It may be possible to convert to EB2, clearly it is not easy and it takes time. EB3 clearly has a longer wait than EB2, but the conversion process takes time as well (even if everything is well in line, you are looking at 1.5-2 yrs at least).
2. Whether you convert to EB2 or not, chances are, you will be still in line till immigration reform comes and kicks in. Please participate in all efforts to make sure that there are some good provisions for legal immigrants in immigration reform. If all of our efforts work, you surely will get your greencard soon, whether you convert to EB2 or not.
Good Luck.
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zCool
04-02 08:26 PM
You already applied with approved LCA. Any amendment to LCA AFTER the RFE may not be looked upon kindly.. check that with lawyer..
What he means to say is, if you are saying your next 3 yrs project is in CA, then your LCA work location should not be in NC.
If your LCA work location is in NC then they have asked for NC based contract.. I would provide that, and not one in CA. your case needs more detailed look before you dump everything in USCIS lap..
Just to keep your mind at ease.. know this..
Last jan one of my friends who runs his own firm , applied for 6 H1bs of these 5 got RFEs similar to these.. he replied to each one with 300+ page reply , they approved all within 4 days.. so it's impossible for anyone to read thro' they basically do it for 2 reasons..
1. Records collections.
2. Verify position is genuine, employer is sizable and beneficiary status is okay..
Other than that, smaller stuff .. don't sweat.. Just don't go making changes to LCA or anything like that in panic..
What he means to say is, if you are saying your next 3 yrs project is in CA, then your LCA work location should not be in NC.
If your LCA work location is in NC then they have asked for NC based contract.. I would provide that, and not one in CA. your case needs more detailed look before you dump everything in USCIS lap..
Just to keep your mind at ease.. know this..
Last jan one of my friends who runs his own firm , applied for 6 H1bs of these 5 got RFEs similar to these.. he replied to each one with 300+ page reply , they approved all within 4 days.. so it's impossible for anyone to read thro' they basically do it for 2 reasons..
1. Records collections.
2. Verify position is genuine, employer is sizable and beneficiary status is okay..
Other than that, smaller stuff .. don't sweat.. Just don't go making changes to LCA or anything like that in panic..
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dwhuser
10-02 12:07 PM
Right now we don't have any savings, paid off the car as of Oct 30th. I was trying to figure about the money which we are going to save from here on...I will take all your advice, sounds so logical and keep the emergency fund for 6 months aside.
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
Coming to the city we live, it's a small place in Florida and not many employment opputunities for techie people. Like I said I am working for state while my spouse is consulting and travels every week (can't find a job in his area). We never imagined a management change leading to a risky and frustrating job situation, making us to repent our buying a house. Because the moment I stop impressing this new boss, we are out. Huh...I don't want to imagine that, because we will be left with a house we can't sell or rent (don't know if some one would want to rent it) and have to move.
Thanks all for your time and advice. Let's keep it coming...
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Jitamitra
07-19 05:33 PM
I totally agree. We need to push for a USCIS SOP change where you should be able to add your spouse even when you PD is not current. Like in my situation, my wife is outside US and unfortunately cannot come back till Sep 21 (F1 --> H1 Stamping) issue.
Earlier, we never had this issue because PD was predictable and only allowed folks who were very close to their PD's. Now with this fiasco, no one is sure how uscis would process the order of applications and there is a greater risk that your application might be approved before your PD on the basis of RD (Receipt Date)
IV Core!! Need your leadership to help folks like us.
Earlier, we never had this issue because PD was predictable and only allowed folks who were very close to their PD's. Now with this fiasco, no one is sure how uscis would process the order of applications and there is a greater risk that your application might be approved before your PD on the basis of RD (Receipt Date)
IV Core!! Need your leadership to help folks like us.
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chandrajp
08-24 10:02 AM
If you send photos for EAD(paper filed I765) no need to have FP taken.
Only when you e-file I765, you will get a FP appointment.
BTW, what purpose do the fingerprints do on an EAD?
Your finger print will show on the EAD card
Only when you e-file I765, you will get a FP appointment.
BTW, what purpose do the fingerprints do on an EAD?
Your finger print will show on the EAD card
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minimalist
08-14 03:52 PM
I think what this is saying is that "other workers" can only use 10,000 of the spillover, and the rest will be for general EB3. Not the other way around as you have interpreted.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.
However, I am not disputing the rest of your post. If the job is there and you can prove EB2 qualification, go for porting.
If only USCIS releases stats regarding the applications in various stages,we can make accurate predictions. It borders on silliness that a government organization in the super power cannot accurately count it's work load.
That will atleast set expectations to people who are waiting and help them to plan their lives accordingly.
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sirinme
03-31 03:47 PM
Done!
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crystal
10-05 02:23 PM
are sure it is 7 years? i thought .. it is 3 years.
You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.
You can expect it anytime. The retention period is 7 years, so keep all your tax filing papers and all related docs for at least 7 years.
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samirpatel08
08-04 09:47 AM
How can I do it? I could not find an option to change it.
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vikki76
05-22 02:34 PM
Your example demonstrates clearly how screwed up is this new proposed immigration bill .
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matreen
06-07 10:12 AM
I have filed through lawyer on 4/23 and my ead expiring on 7/23. After one week of filing I have receiving receipt notice saying we received your application and if biometrics required we will let you know in separate mail but so far I have received any update neither change like LUD.
I have done my biometrics in 9/2009 and I am not sure if I need to do it again for ead renewal.
I have my lawyer contacted CIS and CIS said it may not required biometrics but she was not 100% sure and said she will put a follow up request on my file.
I am not sure what to do? my driver license gets expired with my EAD and will lots of pain if I don't get it on-time?
IV any help or suggestions to come across with this problem?
Matt
I have done my biometrics in 9/2009 and I am not sure if I need to do it again for ead renewal.
I have my lawyer contacted CIS and CIS said it may not required biometrics but she was not 100% sure and said she will put a follow up request on my file.
I am not sure what to do? my driver license gets expired with my EAD and will lots of pain if I don't get it on-time?
IV any help or suggestions to come across with this problem?
Matt
more...
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crazyAbtUS
11-28 01:09 PM
Hi guys
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
on weekend i got email abt my I140 has RFE.Message saying they mailed on Nov14.i am expecting letter to attorny or emplyer in 2 weeks.
My pd is 2002 Dec. and my Company got merged last year to new company, i have 3year degree and 1plus year diploma which is equal to B.S computer science, when my employer did Education Evalution.
I am expecting 2 Queries
1) when company merge they may ask Company tax returns for current year.
2) or they want again Education Evalution
Hey "gcphul", Any update buddy on you RFE ?? Also was your 140 filed by your older company (before merger) or by the new one?
Any info will be helpfull..
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maheshf
01-24 09:22 PM
Thank you all for information. I confirmed with our lawyer one more time
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
here is the response
"It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �
I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.
If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.
Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.
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dummgelauft
07-12 11:01 AM
ah - never mind - i see it now, after one logs in! :)
I love your handle... F O O B A R 2001...how appropriate, given the situation we all are in..
:-)
I love your handle... F O O B A R 2001...how appropriate, given the situation we all are in..
:-)
indianabacklog
05-22 01:53 PM
After eight years my husband is almost able to work (waiting for EAD) and my son has aged out for derivative benefits and is on an F1 with no realistic path to permanent residency and eventual citizenship.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
I agree, those who crossed a border illegally or overstayed are now looking at the American Dream being handed to them.
The DREAM act, if it stays in the legislation will give the children of the illegals state tuition rates (I work for the university my son attends and found it hard to get in state tuition rates for him) and they will also get conditional residency and will be able to apply for their own green cards after five years.
Amazing really, that we are seeing and hearing this in the land we chose to live in which claims to be a land where the rule of law is paramount.
alterego
12-25 03:31 PM
MTR = Motion to reopen. Filed if a case is denied, by submitting additional evidence etc.
NOID = Notice of intent to deny(this is what the USCIS usually sends you in cases where they plan to deny your 485, sometimes, usually if there is willful fraud etc. they deny straight away)
NOID = Notice of intent to deny(this is what the USCIS usually sends you in cases where they plan to deny your 485, sometimes, usually if there is willful fraud etc. they deny straight away)