optimystic
04-01 06:44 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
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sanju
02-17 05:16 PM
Today, I filed an official complaint with IRS about this employer. They told, they are going to send a notice asking the employer to reply to the tax bearer within 10 days from the receipt of the letter. I don't know how the employer is going to react and if they would still provide a corrected W2. Hoping, they would provide, otherwise I would have to call IRS again after another 2 weeks time. I had to be on the phone line for almost 30 mins to reach the IRS customer representative. It is a real pain.
Employer will send the W-2. They will in big trouble if they don't. Also, there could be possible more scrutiny/audits of their accounts.
.
Employer will send the W-2. They will in big trouble if they don't. Also, there could be possible more scrutiny/audits of their accounts.
.
ivgclive
04-15 06:58 AM
A Tennessee woman sent her "7 Years" old adopted son back to Russia "ALONE" in a flight saying that "Its over".
http://news.yahoo.com/s/ap/20100415/ap_on_re_eu/eu_russia_us_adoptions
Can a 7 Years old understand what is going on around him, he was already in an orphanage and this lady sent him back alone saying "no need for him anymore".
Hell, you guys are talking about "immigrations and citizenships", there is something beyond those called "Basic human rights"
http://news.yahoo.com/s/ap/20100415/ap_on_re_eu/eu_russia_us_adoptions
Can a 7 Years old understand what is going on around him, he was already in an orphanage and this lady sent him back alone saying "no need for him anymore".
Hell, you guys are talking about "immigrations and citizenships", there is something beyond those called "Basic human rights"
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coopheal
04-01 09:07 PM
I have a medical RFE. RFE asks me to go back to the original Civil Surgeon. Since I have moved to different place going to same civil surgeon is not an option.
Has any one run into similar situation. If so please share your experience.
Has any one run into similar situation. If so please share your experience.
more...
kufloyd
06-13 08:22 PM
Kufloyd: Did you also see a change in LUD on your spouse's (assuming you filed for dependent) I-485?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
LONGGCQUE
07-26 01:04 PM
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
more...
acecupid
07-02 06:12 PM
Once you send the emails, post a message on this thread so we know how many are actively working on this.:D
Cheers!
Cheers!
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amitjoey
05-22 03:04 PM
Everybody should use this template to e-mail the reporters and Senators. Its point blank and thought provoking.
I exactly did that, sent this in an email to senators my state.
Subject: How can I become illegal?. I am tired of being legal.
I exactly did that, sent this in an email to senators my state.
Subject: How can I become illegal?. I am tired of being legal.
more...
techbuyer77
09-17 02:37 PM
Techbuyer, thanks :) You fully deserve your GC dude. You waited your turn to get your GC!!
I realize that a Lot of people have to wait longer that I did and I realize that is frustrating, but if anything I will pay forward the help I got here coming back and helping others.
I realize that a Lot of people have to wait longer that I did and I realize that is frustrating, but if anything I will pay forward the help I got here coming back and helping others.
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LostInGCProcess
06-17 03:47 PM
Thanks, snathan...i shall ask folks around before signing it. :)
more...
Libra
08-14 09:59 AM
Even though i requested so many times in many threads, and bumped contribution thread you never thought of contributing to IV, did you? did you ever even cared to look into contribution thread Mr. Smart:rolleyes:
People who come here just to create threads and post all silly things need to get remind that this forum/organization is ran by members contribution, people like me who are contributing are allowing you to use this site. You better get this.
And somebody said it right, to contribute someone has to be huMAN.
asking contributions for each post is pestering. Please maintain sanity of the forum.
People who come here just to create threads and post all silly things need to get remind that this forum/organization is ran by members contribution, people like me who are contributing are allowing you to use this site. You better get this.
And somebody said it right, to contribute someone has to be huMAN.
asking contributions for each post is pestering. Please maintain sanity of the forum.
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paskal
07-04 11:53 PM
please post the full article
it's a subscriber site.
it's a subscriber site.
more...
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anilkumar0902
06-18 04:36 PM
Everything will be alright. It happened to me the same way .I just submitted an experience letter from one of my colleague who is still employed with my previous employer. My 140 was approved as soon as they received the documents.
I hope you have progressive experience (it means, growth within the company, as you gain years of experience). This is essential. Other than that, you should be good.
Cheers
I hope you have progressive experience (it means, growth within the company, as you gain years of experience). This is essential. Other than that, you should be good.
Cheers
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vinodp1978
07-02 11:37 PM
Hello Everyone,
I live in the western suburbs and would like to be an active part of this chapters effort. Please post the details of upcoming conf calls/meetings if any.
Thanks
I live in the western suburbs and would like to be an active part of this chapters effort. Please post the details of upcoming conf calls/meetings if any.
Thanks
more...
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slns
04-11 10:43 PM
don't quite get your question but you may find it in the tracker here...by comparing it to the visa bulletins
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
http://immigrationvoice.org/tracker/tracker.php?view=2
Sorry for confusion
Here is the correct question
Once your case is current in Nebraska or Texas, then how long it will take to process the application
Example
Right now i am current on EB3 from Nebraska, when should i expect my application processed to get my GC. Pls post your reply
Thanks
slns
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hydboy77
08-19 09:57 AM
The realistic answer is no. It is almost impossible to get eb2 in software jobs. On an average it is taking more 9 months to get labor clearence that too if it is eb3. if you are trying eb2 that is almost a definite audit. We have a case in our company which was stuck in audit (eb2) for more than an year now. our company and attorney have a policy that they are no longer filing eb2 (offcourse it is a different matter than they are no longer filing any green card application because of layoffs). So unless you are working for a desi "con"sultant company not many american companies (almosy none) are filing eb3 green card perm applications leave alone eb3 to eb2 conversions. Even desi companies are scared shit because USCIS is knocking the living daylights out of them. Even desi companies are scared of filing eb3 green card perm applications leave alone eb2.
we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.
My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.
As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
we are living in a different age now where there are reports that USCIS is sending out invistigators to look into even ac21 cases. Enforcement has gone up, hint :last year h1 got filled on day 1, we are almost 6 months since h1 opened and only 45k h1 have been filled, the reason is USCIS is giving all sorts of rfe, so nobody is filing for h1. Forget about porting as in this environment you will not even find somebody doing eb3, only day dreamers will think of some company willing to file eb2 in software.
My wife has more than 5 years of US experience and we cant even get her employer to file Eb3 because they are saying they are getting tons of resumes in response to advertisement and they dont want to do any green cards for atleast an year.
As slim a chance as it is, visa recapture or some administrative fix like a temporary green card or relaxation of ac21 regulations like same semilar job restrictions is our best bet.
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
more...
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gxr
09-25 10:10 PM
EAD Card production ordered...:D
Country: India
PD: July 06 EB3
I-140: Pending from Last year (NSC) :(
I-485 RD: July 3, 2007
I-485 ND: Sept 11, 2007
EAD approved: 25th Sept 07
Country: India
PD: July 06 EB3
I-140: Pending from Last year (NSC) :(
I-485 RD: July 3, 2007
I-485 ND: Sept 11, 2007
EAD approved: 25th Sept 07
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GCWhru
03-25 09:49 AM
I applied on Dec 21st and case is still pending.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
I wonder why they are not updating the processing times page lately, it is still shows Feb 15th as the updated date rather it should have updated on mid March.
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WeShallOvercome
07-12 04:59 PM
Dude, did you just compare that guy to USCIS? thats a derogatory remark and I urge the SysAdmin to take notice of such foul language... :)
That's right! No one can beat USCIS..
I've just revised my initial post.
"The original post should be read in conjunction with this one " :D
That's right! No one can beat USCIS..
I've just revised my initial post.
"The original post should be read in conjunction with this one " :D
singhsa3
04-27 02:51 PM
Good resources on the Interim Policy
http://www.shusterman.com/pdf/ailf-ead.pdf
See page 3
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
Another one
http://www.murthy.com/news/n_eadpbl.html
http://www.shusterman.com/pdf/ailf-ead.pdf
See page 3
http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf
Another one
http://www.murthy.com/news/n_eadpbl.html
nk2006
10-09 04:00 PM
As far as H-1, I don't understand: wont you need an H-1 transfer from your new employer, in that case the 3 yr extension will come from him, so it shouldnt matter if your old employer revokes I-140, since anyway you are planning to restart gc process.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.
Yes I do need the transfer from new employer but the original extension of H1B beyond six years is granted because I have an approved I140. I was wondering if revoking that I140 has any effect on the H1b too.
To give more specifics: six years of h1b will be completed in Feb �07. PERM labor is approved and lets say if I140 is approved by Jan, my plan is to do one of two things:
(i) Immediately apply for 3 year extension of H1B from present employer. Wait until it�s approved � the new H1b is valid until Feb �10. After approval apply for h1b transfer. Is this possible? After the transfer if original I140 is revoked, I assume UCSIS is not going to recall my h1b. Am I right? The extended h1b period is with me to keep � is my understanding right?
(ii) After the approval of I140 (say in Jan), I will apply for h1b transfer and extension with new employer (extension based on the fact that I have an approved I140 and that priority date is not current). The hitch here is the approved I140 is from a different employer than the one asking for h1b extension. Is this possible? (I know that one year extension based on pending labor is not tied to which employer applied for the labor; is this rule same for approved I140 related extension?). What is effect of I140 revoke on this case?
Thanks a bunch.