mirsava
01-09 01:56 PM
My I485 is pending since October of 2006. I had a RFE for medical in april of 2007 and replied quickly. Since then there is no movement in my case. I contacted USCIS several times and they told me that my name check is pending...
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pappu
06-20 04:07 PM
some tips from Susan Henner:
Although the principal employment-based categories are current for
July,
future retrogression is indeed possible later this fiscal year,
particularly
if demand for immigrant visas increases substantially. Visa numbers
can
retrogress in the middle of a month and become unavailable without any
prior
notice. If there is a mid-month retrogression, USCIS could elect to
stop
accepting adjustment applications. While this is unlikely to occur in
July
2007, it becomes more and more possible as the fiscal year progresses.
It seems that cases not completed before any future retrogression will
be
held in abeyance until priority dates again become current. Having an
adjustment on file, even if the case is in abeyance, allows for
eligibility
of work authorization and advance parole, and may be particularly
critical
in circumstances where there are children who may reach the age of 21
during
the process.
An applicant for adjustment of status MUST be in the United States in
order
to be eligible to file. Overseas spouses of adjustment applicants
should
be encouraged to enter or reenter the United States as soon as possible
in
order to be included in the principal's adjustment application.
H-1B and L-1 nonimmigrants may maintain H or L status while their
adjustment
of status applications remain pending.
Whenever possible an adjustment application should be filed
concurrently
with an I-140. This is permitted as long as the visa priority date is
current. Even if priority dates retrogress after filing, the I-485
will be
placed in abeyance and remain pending, although it cannot be approved
until
the priority date is current again. Yet extensions of work
authorization
and advance parole may be obtained during this period.
It may be advisable to file I-140s by premium processing if available
for
the employment-based immigrant category. This may hasten the issuance
of an
approval and may also increase the possibility that an adjustment
application could be approved and an immigrant visa number captured
prior to
the end of the current fiscal year or before any future visa
retrogression.
Although the principal employment-based categories are current for
July,
future retrogression is indeed possible later this fiscal year,
particularly
if demand for immigrant visas increases substantially. Visa numbers
can
retrogress in the middle of a month and become unavailable without any
prior
notice. If there is a mid-month retrogression, USCIS could elect to
stop
accepting adjustment applications. While this is unlikely to occur in
July
2007, it becomes more and more possible as the fiscal year progresses.
It seems that cases not completed before any future retrogression will
be
held in abeyance until priority dates again become current. Having an
adjustment on file, even if the case is in abeyance, allows for
eligibility
of work authorization and advance parole, and may be particularly
critical
in circumstances where there are children who may reach the age of 21
during
the process.
An applicant for adjustment of status MUST be in the United States in
order
to be eligible to file. Overseas spouses of adjustment applicants
should
be encouraged to enter or reenter the United States as soon as possible
in
order to be included in the principal's adjustment application.
H-1B and L-1 nonimmigrants may maintain H or L status while their
adjustment
of status applications remain pending.
Whenever possible an adjustment application should be filed
concurrently
with an I-140. This is permitted as long as the visa priority date is
current. Even if priority dates retrogress after filing, the I-485
will be
placed in abeyance and remain pending, although it cannot be approved
until
the priority date is current again. Yet extensions of work
authorization
and advance parole may be obtained during this period.
It may be advisable to file I-140s by premium processing if available
for
the employment-based immigrant category. This may hasten the issuance
of an
approval and may also increase the possibility that an adjustment
application could be approved and an immigrant visa number captured
prior to
the end of the current fiscal year or before any future visa
retrogression.
BharatPremi
09-24 02:16 PM
Analysis by BharatPremi is wrong.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
You are wrongly mixing "country limit 7 %" into a "category limit 28.6%". Please read visa bulletin content.
If there are 140K visas then EB3 category will get 140,000%28.7 = 40180
and of these 40180 EB3 India will get just 40180%7= 2812
Folks, only 2812 Visas for EB3 India and EB3 is not going to get any spillover this year!!
You are wrongly mixing "country limit 7 %" into a "category limit 28.6%". Please read visa bulletin content.
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ski_dude12
09-13 12:27 AM
Hopefully it is not a complicated RFE...
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
On Friday, I got SMS from USCIS that my case is updated and I should check status online. I checked my email. I was happy :) to see an email from USCIS and opened it excitedly with butterfly in stomach. Well it said..
"Your Case Status: Request for Evidence
On September 10, 2010, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires...........
"
Looks like I have to wait more :D
more...
Dhundhun
10-02 04:09 PM
USCIS has become efficient, by this time all (or most) of the EB2-I visa might have gone. I am wondering any 2005 approvals?
Basically this would give some idea, what to expect in Nov.
Basically this would give some idea, what to expect in Nov.
TeddyKoochu
10-06 11:50 AM
Many Many congratulations SOP, I have been reading and following your case. Your case is one of the best glowing example that persistence to truth always pays, sometimes the path maybe tough but never give up and never say die. All the best to you and your family, must have been a very special feeling that all the effort finally resulted in success.
more...
123456mg
09-26 04:54 PM
2 july filer/no cc/no receipt.
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Googler
07-09 06:34 PM
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f4b3076eb0f93110VgnVCM1000004718190aRCR D&vgnextchannel=1958b0aaa86fa010VgnVCM10000045f3d6a1 RCRD
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
*************************
USCIS' blasted PR brain is working this time. Dammit. Still this will increase press coverage. Let the reporters you are talking to know.
Message from USCIS Director Emilio Gonzalez
I understand that individuals are planning to send flowers to U.S. Citizenship and Immigration Services (USCIS) beginning on Tuesday, July 10. USCIS has made arrangements to forward those flowers to our injured service members recuperating at Walter Reed Army Medical Center and at Bethesda Naval Hospital.
*************************
USCIS' blasted PR brain is working this time. Dammit. Still this will increase press coverage. Let the reporters you are talking to know.
more...
shortchanged
10-09 05:06 PM
I also did send a second set on August 16th.For me and family we have already got EADs,AP and AOS receipts and are all finger printed.
I have also requested stop payments on the August checks,and had addressed"not to be opened in Mailroom-for Center Director" Explained to disregard the second set if my earlier filing on July2nd has already been accepted for processing.So far no further info.Will keep fingers crossed and see what happens!
I have also requested stop payments on the August checks,and had addressed"not to be opened in Mailroom-for Center Director" Explained to disregard the second set if my earlier filing on July2nd has already been accepted for processing.So far no further info.Will keep fingers crossed and see what happens!
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gbof
08-18 10:18 AM
Just received those beautiful, long waited CARDS, checked for accuracy and 'm dancing....party time:D:D, It took 12 days from date of approval/CPO...
ya, these come with a 'pouch' for storage & pamplet 'Welcome to United States: A Guide for New Immigrants'
ya, these come with a 'pouch' for storage & pamplet 'Welcome to United States: A Guide for New Immigrants'
more...
pappu
08-21 10:49 AM
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
All of you guys are smart ,highly skilled immigrants.
Let me make one thing clear. Govt has defined EB categories : EB1 , Eb2 and EB3 . based on level of exp and education etc..
Now that your employer has applied for you in Eb3 even though you were qualified under Eb1 or Eb2 then govt can't do any thing. Like if you are making 70k with 5 years exp and which is ok as per your labor cert of H1b then govt cannot do any thing . Even though u r less paid compare to market.
same thing here.. If you think you can qualify for Eb2 and your employer want to apply as EB2 . It should not be issue. You are most welcome to do so. But I see common ground as HR 5882. Why dont we work hard and hard to get HR 5882 pass. One of my friend has MS from USA from top uni. with 18 years of exp from India and 3 years of exp in big 5 from USA. Still his recent employer applied under Eb3 . Should he complained to govt ???
He left current employer and found another who willing to apply under Eb2.
Unless Eb1 current Eb2 should not get any spill over same way unless Eb2 current Eb3 should not get Spill over. No matter what way you fight govt wont agree to give high priority to Eb3 compare to Eb1 or Eb2 . as from VDLRAO's post Eb2 does not need much visa to become current so if we get recaptured visa then eb2 will be current and Eb3 will get most of visa out of those recaptured visa.
CALL CALL CALL CALL unless you win.. Dont need to fight here which is not going to work out for any one.
I tend to agree with both.
You need strong arguments and they need to have legal basis. Laws cannot be changed by an agency that only follows laws.
If you are eligible for EB2 and cannot file in Eb2 and your employer filed in Eb3, it is not a strong argument. Likewise you cannot change the spillover rule without strong legal justification. You need change of law.
Visa recapture is the best option.
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gottagc
05-18 01:07 PM
From http://www.immigration-law.com/
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions
USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.
http://www.uscis.gov/files/pressrelease/PPSPermRule051707.pdf
more...
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485Mbe4001
09-26 06:17 PM
Good discussion. I am not a fox fan, but i read NYT and Drudgereport, listen to Rachel Maddaw as well as Handel. In fact i read any political and economics related blog i can lay my hands on. I understand your points.
My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.
As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.
The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.
My point is that people say he will do so many things, the problem is that the congress is not changing. The congress has to approve something so that he can sign it. Secondly no matter what you say companies will do whatever is right for the bottomline and share price. if he starts taxing companies they relocate, he has proposed increasing the social security taxes across all categories. Says he will not increase taxes for middle class americans but gives little indication of how he will finance the trillion dollar spending program. If his universal health program passes then you will see more deducted out of your paycheck. How will he create tons of jobs, how will he subsidize education. The fact of the matter is that he will be under exterme pressure if he is elected to office with such high expectations. He will be screwed if he increases taxes and screwed if he doesnt fund the programs he is promising all over the place.
As for long term, the country has to increase interest rates to support the current account deficit. IF you increase interest rates the economy will further go in the tank. The country has to increase taxes to fund SS or Medicare. If not they need to overhaul the SS and MC system and any pandering politican will never be able to make that change.
The fact of the matter is that both are career politicians and will do anyting to win. i just want to present an opposing view when one is painted as the saviour and the other a @$#@ in a total crapfest where no one is pure.
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asethura
08-16 11:35 PM
Hi All,
I got the I-485 approval/welcome notice from USCIS for myself and my spouse today. But the wierd thing is that my NSC online status still shows RFE response received and case pending (from 2008)...the welcome notice says I should expect to receive the card in 3 weeks...guess I am greened.
Anyone else face a similar situation?
Thanks.
PD: Feb 16th, 2006
EB2-India
NSC
I got the I-485 approval/welcome notice from USCIS for myself and my spouse today. But the wierd thing is that my NSC online status still shows RFE response received and case pending (from 2008)...the welcome notice says I should expect to receive the card in 3 weeks...guess I am greened.
Anyone else face a similar situation?
Thanks.
PD: Feb 16th, 2006
EB2-India
NSC
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EB2DEC152005
08-17 02:30 PM
:confused:
I sent emails to Ombudsman, NSC and SCO. Did not contact congressman. Opned SR's for me and my wife. Twice took Infopass, they have been pre-adjudicated, that's all.
All I got till now from USCIS is standard scripted emails.
When is my turn, God bless me
I sent emails to Ombudsman, NSC and SCO. Did not contact congressman. Opned SR's for me and my wife. Twice took Infopass, they have been pre-adjudicated, that's all.
All I got till now from USCIS is standard scripted emails.
When is my turn, God bless me
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CADude
09-28 04:32 PM
Please keep on contacting your congress rep/senator and others. Today FAQ is also out from USCIS. I think, USCIS is started getting some heat and pressure is working. keep it up. :)
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Dhundhun
10-07 02:02 PM
Me too. I'll loose money this month.
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singhv_1980
02-12 10:52 AM
I am also stuck in PIMS.. here are my details
H1 renewal and change of employer
H1 approved in March 2007
Service center: WAC
Visa appointment on Feb 11 at mumbai
Documents submitted to VFS on Jan 28
On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO
IO: so you are working for xyz company.
me: yes
IO: what are you doing for them
me: explained my role and skills
IO: are you working inhouse or at client place
me: gave client name and details
IO: till which date you are going to work for this client
me: gave details
IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
me: I have a return ticket on so and so date...... can I expect before that.
IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.
he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper
"when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."
though he selected this option, he specifically wrote PIMS on my form.
Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.
Thanks for sharing your experience. Hope you will get your PP soon.
Good Luck!
H1 renewal and change of employer
H1 approved in March 2007
Service center: WAC
Visa appointment on Feb 11 at mumbai
Documents submitted to VFS on Jan 28
On feb 11 I went to consulate and it was a long wait.. overall it took 3 hours to finish everything. When I went inside they handed over my application to me and I noticed that "Not in" was written on my DS156 form on top right corner box. here is the communication with IO
IO: so you are working for xyz company.
me: yes
IO: what are you doing for them
me: explained my role and skills
IO: are you working inhouse or at client place
me: gave client name and details
IO: till which date you are going to work for this client
me: gave details
IO: everything looks fine in your case but similar to what I have told everyone else due to the new system we need to verify your data and it will take about a week for that. (and then he wrote PIMS on my form)
me: I have a return ticket on so and so date...... can I expect before that.
IO: your case is pending only for the online verification unlike other administrative processing so it should take about a week so you should be fine.
he then gave passport back with some envelop and also one yellow paper by selecting following option in that paper
"when administrative processing is completed on your case, you will be contacted and requested to submit your passport, this letter and the accompanying envelope to the nearest VFS office."
though he selected this option, he specifically wrote PIMS on my form.
Note that PIMS problem was there for lot of cases on that day as he explicitly told me that he had to do this for lot of cases.
Thanks for sharing your experience. Hope you will get your PP soon.
Good Luck!
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glus
01-21 09:50 AM
I had both a valid visa stamped on my passport and AP. But my wife did not have a stamped visa so I showed her AP and my h1. The immigration inspector said that you both have to use AP to enter. I argued with him a little that I can use my h1 when it is valid but he did not agree and said that I am trying to do a fraud. Well I did not argue much and let him stamp my I 94 with a parole stamp till 01/26/2007. I have now filed for my extension.
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
G
I have verified that with my attorney. The officer should not have asked you to enter on AP. You could have entered on H1 or AP and it was up to you. This is a good example of the fact that some immigration officers do not know the rules well. If your H1 is still good, you can leave and re-enter showing H1 and you should be fine.
G
amitjoey
07-09 07:00 PM
I am telling you, this is all great!!. It is working, do not doubt it. It has to be this way for a news story. This makes a great story. Also canceling orders sends wrong messages, we care for the troops fighting for us, Why cancel.
ronhira
09-26 11:38 PM
tracker site data is fake....... tracker site has employees sitting in India...... those employees create fake ids and fake profiles....... then they write post using those fake ids to create an impression that there are lot of people posting on the tracker site...... if you look at title of most threads...... they are framed in the manner that will be inviting most others to write on the thread.......... every few days these employees sitting in India..... using a fake profile ........ start a new thread with a title something like .... 'i got it i got it ' or ' i am green' or something similar..... and using other fake ids the same bunch of employees ask fake questions from op..... who is also a fake handle...... so the data there is totally fake..... that data represents the need of the tracker site to make people to come to their site...... that data does not represent the sample data...... not even close.....
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