ksrk
01-16 05:33 PM
Your case is eligible the chances are high that you'll get it, if dates remain current. And as folks have mentioned, 180 days rule applies. Your infopass will tell you clearly what's happening to your NC but that is immaterial.
I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.
Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.
That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.
I realized your original question was about FP and its expiry and not about NC. So I withdrew my original post to remind you of the 180 day rule which says where the application is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485 and proceed with card issuance.
Yeah, the official rule was clearly communicated (to us) about the 180 days since I-485 filing (if it was pending for 180 days...).
But that rule wasn't followed at the end of FY2008 (Aug/Sept 2008).
In fact, some customer service reps even mentioned something to the effect of this law would be enforced only from Feb.2009 or something to that effect.
That is part of the concern with new fingerprinting once the 15-months expire and you have go through the FP/NC process all over again.
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gcphul
08-25 02:22 PM
Hey Guys,
I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.
here are the step to follow.
1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).
2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.
3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.
4) Passport (Orginal just in case if they ask u)
5) SSN( Orginal Just in case if they ask u).
Good Luck guys
I had same suitation 2 years back. I have been to Regional DMV in Trenton they refused and then I went to Edison DMV my DL renewd for 3 months with receipt #. The Lady at desk shown me the copy of some Rule has a provison that DL can be renew based on Receipt# with employer letter.Once we get the approval we have to go DMV and renew again based on new i94date.
here are the step to follow.
1) Go to Edison DMV near Pathmark Complex( i think its middlesex complex).
2) Get a letter from Employer saying that ur been with so and so years and filed h1 extension with receipt#. ( Orginal Letter from Employer not Xerox copy). They will take the letter.
3)Orginal Recepit showing proof of H1 extension and take a couple of Xerox copies they may take one of them.
4) Passport (Orginal just in case if they ask u)
5) SSN( Orginal Just in case if they ask u).
Good Luck guys
senthil1
01-21 02:51 PM
EB3 was like that most of the time. If you go back to 1995 all of the categories were current. China had cut off dates as more chinese than Indians were coming. From there number of H1bs were increased gradually.From 1997 they put cutoff dates and by the time 1999 things got worsened and there were 4 year waiting time and Many people were leaving country because of 6 year Cap of H1b. 1999 first time h1b cap was reached and 40% of them were Indians. In 1999 and 2000 demand for IT was so high and unemployment was record low US economy was in internet Boom. So congress realized that they need to do something. So they increased H1b(for 3 years) and recapture of GC and also AC21 was done. After Dot com Bust everything changed and outsourcing was so much and Indians were using 60% of H1b and equal number of L1. Still Indian H1b and L1 are increasing as there are more Indian consulting companies than H1b Cap numbers. So it will become worse for EB3 as there are so many restrictions of Eb2 unless congress increases GC quota. But it is going to be tough for any immigration reform as economy is very bad and unemployment is increasing. But if there is CIR there is a good chance of recapture bill to pass with CIR. Otherwise AC 21 is only way to survive here for those who filed I485.It is going to be challenging for those who not filed I485 as they have to survive as well they need to maintain immigration status
i am getting frustrated to see the bulletin everymonth and it never moves.
people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.
dont know whom to blame. why cant they understand our problems.
r they least bothered.
my PD is oct 2003-EB3
i am getting frustrated to see the bulletin everymonth and it never moves.
people applied in 2006 got their GCs. one of collegue ROW got when applied in 2007.
dont know whom to blame. why cant they understand our problems.
r they least bothered.
my PD is oct 2003-EB3
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pappu
01-13 02:08 PM
Slow movement as expected. Hope dates move faster in the months ahead.
more...
sanjeev_2004
08-22 10:42 PM
Not quite, as I understand it, if your PD is not current, your AOS will continue processing and will eventually get to a "approved, pending visa number" state. You can pretty much be in this state for some time, and then when PD does become current (as happened from May through July this year with the significant shift in PDs in the bulletins) there will be a massive approval rate of all those pending applications.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
"pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.
USCIS doesn't stop the application process just because your PD is no longer current
This is how USCIS got through 60k unused visas in a staggeringly short time. There were a LOT of applications that were ready to go, they were just waiting for those numbers. USCIS didn't all of a suddenly quadruple their efficiency in processing :)
"pending visa number" situation never possible now becuase there are sufficient I485 with old pds. PD is base after that every thing is luck.
theMan
06-13 08:26 PM
Folks,
I don't remember many a choice at the stage of I140. I guess the lawyer made it for me. I did not bother to even find out more details, given the hopeless situation so far for EB3, India.
My I140 says " The above petition has been approved. We have sent it to the Department of State National Visa Center(NVC). The NVC processes all immigrant visa petitions that need consular processing. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to the consulate"
From the above statement, it appears that this is Consular processing. Could someone confirm if this is indeed CP.
Any idea , what needs to be done to change it to AOS. Is this a good idea?
I don't remember many a choice at the stage of I140. I guess the lawyer made it for me. I did not bother to even find out more details, given the hopeless situation so far for EB3, India.
My I140 says " The above petition has been approved. We have sent it to the Department of State National Visa Center(NVC). The NVC processes all immigrant visa petitions that need consular processing. It also determines which consular post is the appropriate consulate to complete visa processing. The NVC will then forward the approved petition to the consulate"
From the above statement, it appears that this is Consular processing. Could someone confirm if this is indeed CP.
Any idea , what needs to be done to change it to AOS. Is this a good idea?
more...
sbabunle
09-22 06:57 PM
called today
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Openarms
05-13 10:24 AM
I and many folks in this forum have seen very few approvals for this category. How come USCIS says that this category is over subscribing the visa quota. Why they are moving un used visas to EB2 (no offense) why not for EB3?
We need IV help in this area.
We need IV help in this area.
more...
willgetgc2005
11-10 02:07 PM
Yup,
This has been very elusive for us since 2005. It has been sorta near and never happened at every occasion in the past.
I wonder why Bush is not asking for CIR in Lame Duck. I mean, he pushed for it hard.
game over for lame duck
This has been very elusive for us since 2005. It has been sorta near and never happened at every occasion in the past.
I wonder why Bush is not asking for CIR in Lame Duck. I mean, he pushed for it hard.
game over for lame duck
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hsingh82
02-23 09:01 AM
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
Sanju, these comments were uncalled for. I understand your emotions on ARR winning Oscars but just don't bash someone who has different views. The guy never said anything about ARR, he just said his work in Dil Se was better and many people may agree with him. Why would you call him a terrorist??? Come on man and you say you want GC because you got exceptional skills ....you mean exceptional non-sense hatred........ on a lighter note ARR can apply GC in EB1 category and get it quickly :p
.
Sanju, these comments were uncalled for. I understand your emotions on ARR winning Oscars but just don't bash someone who has different views. The guy never said anything about ARR, he just said his work in Dil Se was better and many people may agree with him. Why would you call him a terrorist??? Come on man and you say you want GC because you got exceptional skills ....you mean exceptional non-sense hatred........ on a lighter note ARR can apply GC in EB1 category and get it quickly :p
more...
nixstor
04-17 03:42 PM
C mon guys.. Cant you see that this h1techslave dude is just chewing your energy out and digressing the whole agenda here? Looks like one of those guys who is disgruntled in the past and now acting smart. Why are you responding?
In 2 separate responses I have volunteered to talk with him and requested to send his info. No repsonse yet but he has all the time in the world to post on the forums, compare India/US/Canada.. **CK Some other members rallied behind him saying that they can just read fine with out bold/red.
Mods,
We have discussed enough about IN/US RS/USD what ever under the roof.
Enough. Please close this thread.
In 2 separate responses I have volunteered to talk with him and requested to send his info. No repsonse yet but he has all the time in the world to post on the forums, compare India/US/Canada.. **CK Some other members rallied behind him saying that they can just read fine with out bold/red.
Mods,
We have discussed enough about IN/US RS/USD what ever under the roof.
Enough. Please close this thread.
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12-06 12:01 PM
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roseball
02-12 02:05 AM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
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noendinsight
07-19 10:04 AM
EB3/FEDEX delivered on 02-Jul-07
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pappu
03-09 11:56 AM
Not much good news for EB2 and EB3 India. I hope folks realize and do the lobby day seriously.
Here is the timeline for folks that are not serious
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
Here is the timeline for folks that are not serious
EB2 India: Waiting for July - October spillovers thinking that most EB2 will be current. The prediction threads have hyped this a lot. Many will benefit this year. But many will miss this bus too. Some from those who will miss this bus, would be back wanting to do something in Nov - May timeframe. Others will waste their time on predictions and trackers and make those site owners rich.
EB3 India: Many who filed in July 2007 are still happy with EAD status. They worry and contact IV only if their I140 is revoked, I485 denied or if EAD renewal is delayed. Some still sulk or want to blame someone (even IV) for their delays. Those who have not filed I485 yet are few in number. Many new Eb3s still do not know the extent of the backlogs. With time they will slowly learn about the backlogs and wait times. When they suffer due to lack of EAD, they will all make noise on IV asking for some action. This is the reason why the I485 filing action item thread is still weak and pre-mature. I would give another 2 years for the non-I485 folks to have retrogression sink in.
Retrogression is not going away. If it goes away, only applicants will benefit from it. And these applicants are too weak and small in number to even raise their voice. So why would anyone pass a law to make these people happy that do not even want any law changed. After 2 years all the folks who are not participating in advocacy days and contributing, will contribute to IV. At that time, if we in core are still around, would rather ask them to lead the effort if they can and if they are really serious. The current advocacy day campaign and contributions are a measure of seriousness for us to plan our next agenda items.
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chanduv23
04-08 01:53 PM
What about non Indians? Will Indian govt welcome them to join the Indian workforce?
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EkAurAaya
03-19 05:10 PM
To OP: You should definitely check with an immigration lawyer before you plan your trip. I don't think anyone here can give you a definite answer (unless there is someone who's gone through this him/her-self)
OP committed a crime > he paid his fine did community service > if the court thinks that's enough for his first time crime, who are we to judge?? If he repeats what he did... he wont get off the hook that easy... so I'm sure he understands what he has gotten into! lets leave it at that.
OP committed a crime > he paid his fine did community service > if the court thinks that's enough for his first time crime, who are we to judge?? If he repeats what he did... he wont get off the hook that easy... so I'm sure he understands what he has gotten into! lets leave it at that.
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waitforgc1
06-12 11:57 AM
Ron Gotcher said something similar... they may be trying not take any more
applications from 2000-2009 until they finish the backlog. That may be one of the
reasons why they may have retrogressed to 2000. Just my 2 cents.
applications from 2000-2009 until they finish the backlog. That may be one of the
reasons why they may have retrogressed to 2000. Just my 2 cents.
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gcisadawg
01-14 09:26 PM
Crazy,
I am with you. I ugree with you.
I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
Buy the vay how long have you been in Umerica. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.
Based on what crazy said in his/her post, seems like you wont be getting your GC under the new system. :D
I am with you. I ugree with you.
I have been vaiting for nearly 6 ears now to get my GC and I vill have no issue to ubandon it and re-apply in this kategory. What an apportunity.
Buy the vay how long have you been in Umerica. The poynt based cystum is stupid, it gibes independence to upplicants. uver lagic is really grate.
Based on what crazy said in his/her post, seems like you wont be getting your GC under the new system. :D
surabhi
10-01 05:06 PM
In most critical situations a person can file a lawsuit in federal court and ask court to 1) compel USCIS to process your EAD within 1-2 days and 2) enjoin DHS from going after the employer if person continues working with expired EAD. Part 2 is available only if employer wants to participate in a lawsuit. Otherwise, file it yourself, it requires the same amount of time as filing for EAD.
Lazycis
Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful
I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.
USCIS expedite criteria met - no results for past 10 days
workig with congressman
sent to Ombudsman, they responsded that they are researching
took infopass, no help
THanks
Lazycis
Can you give pointers on how / which court to file. ANy website link ,any past precedences on lawsuit for EAD would be really helpful
I am nearing the expiration of current EAD for both myself and my wife. I am pursuing all other options actively and they are work in progress.
USCIS expedite criteria met - no results for past 10 days
workig with congressman
sent to Ombudsman, they responsded that they are researching
took infopass, no help
THanks
gotgc?
12-31 03:14 PM
Unfortunately, I can't leave the US for the following reasons
a) AOS pending
b) H1 expiring soon
c) Won't get any vacation time as just joined a new job.
If you have applied for AOS in July 07, you probably would have got your EAD by now. Why dont you use your EAD to get a DL renewed?
a) AOS pending
b) H1 expiring soon
c) Won't get any vacation time as just joined a new job.
If you have applied for AOS in July 07, you probably would have got your EAD by now. Why dont you use your EAD to get a DL renewed?
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