dingudi
11-10 12:45 PM
So there seem to be lot more people from July filer category than I thought who have not received FP notice.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
My Info
485 July2nd , ND sept 10,2007
No FP
opened SR on Oct 8,2007
No use of SR until today.
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wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
GCOP
10-24 02:45 PM
I really don't understand, what can be RFE about, as you have been with the same company all these years. You really deserve a Greencard straight away without a single question after such a Long wait. I hope your RFE is very simple to answer and I wish that you get your Greencard soon. Good Luck.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
Thanks for the pointers.
In my case I don't even know if it is namecheck that is blocking my case. So far my guess is that it was just the huge deluge of July 2 applications under which my application got stuck. But now that they have opened my application and mailed an RFE on Oct 22, at least I know that some IO is processing my case. Right now I am eagerly waiting for the RFE details. My law firm(FDBL) has not received it yet. I am pinging them every other day.
To answer another question from another poster, yes, I have been with the same company since 2001.
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indyanguy
12-13 06:27 PM
I tried to recruit 3 guys with 7-8 yrs of experience. We already have a 12 member offshore team...the average asking rate (H1s and citizens) is 90K ..H1B quota restriction is working in our favor very much. Market rate for IT professionals has increased quite handsomely..put ur resume out to dice or monster and see for urselves.
I don't think 90k for someone with 7-8 years of experience is high in most parts of US. Market rate for IT professionals might have increased in people working with niche technologies. But in general, I see a down trend. And with more people in the job market in Jan 08 (with AC21), I can predict the rates heading south.
I don't think 90k for someone with 7-8 years of experience is high in most parts of US. Market rate for IT professionals might have increased in people working with niche technologies. But in general, I see a down trend. And with more people in the job market in Jan 08 (with AC21), I can predict the rates heading south.
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sanjay
08-07 12:27 PM
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
Congrats. My case is as is your's except PD is aug 2004.
I hope my case do see light soon.
Current Status: Notice mailed welcoming the new permanent resident.
On August 7, 2008, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later. If you move before you get your new card call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
PD: July 2004
RD: July 3rd 2007
ND: Sept 12th 2007
I-140 Approved May 2007
Service Center: NSC
Name check: Pending (when I had infopass a week ago)
Thanks guys. I wish every one good luck, and I am going to contribute my advise, and suggestions.
I opended SR 3 weeks ago, On Monday I used POJ method to talk to IO. She said, my case has been assigned to officer. Today got this status updated.
Congrats. My case is as is your's except PD is aug 2004.
I hope my case do see light soon.
rsayed
04-13 11:26 AM
What does this mean? That there are not as many approved labor cases as anticipated originally by the USCIS????
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
"F. VISA AVAILABILITY DURING THE COMING MONTHS
Recent discussions have indicated that both the Citizenship and Immigration Services (CIS) and the Department of Labor still have a significant amount of cases in their backlog reduction efforts. As a result, the anticipated increase in demand has not yet materialized and may not for some time. Therefore, in an effort to maximize number use under the annual numerical limit, the Worldwide and Philippines Employment Third preference cut-off dates have been advanced by one year.
Unless there is a significant increase in Employment demand, it will be necessary to continue this rate of movement during the upcoming months. Such movement could be expanded to include other chargeability areas and preference categories.
One consequence of rapid cut-off date advancement is the inevitable increase in demand for numbers as adjustment of status cases are brought to conclusion at CIS Offices. Such increased demand could have dramatic impact on the cut-off dates. Readers will be provided as much advance notice as possible should this occur."
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ragz4u
04-01 03:42 PM
Please call/email your friends too
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vivek_ut
02-10 06:30 PM
Got the same email update today. Not sure what it indicates (if any).
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immilaw
12-12 12:50 PM
Great News for EB3 INDIA. Moved 2 weeks and most imp crossed April 30 barrier.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
I hope it doesn't retrogress in future.
I still don't understand why is EB-2 not moving forward especially that EB-1 is current.
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techysingh
02-03 09:36 AM
not yet
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siravi
11-08 04:09 PM
I had an infopass appointment in NY to get information on my case (specifically concerning the FP/Name check status, have received my EAD, AP). Although the officer was very courteous and seemed patient, he thought I had come there too soon for the inquiry. I got very sketchy information. He said one should wait at least 6 months after the 485 RD (mine is June 2007) before beginning inquiry (shoot me, I went a month too soon), and that it usually it takes a year (or more) after FP to get the GC, so I should not worry too much about my case for at least one more year.
He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.
Some pointers:
*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.
P.S. Received EAD card at home address and AP documents at the law firm address.
He said there is nothing to worry about and that there are “many small small things” that have to be taken care of after FP and FBI name check clearance before one gets the GC. I asked him what are the other “things” that need to be taken care of following the clearance on name check, but didn’t get an answer (“just small small things” is what he said again). I had to repeat my question about the status of FBI name check on my case three times during the conversation before I got an answer which was vague anyways (nothing’s been done yet). I was hoping to get some kind of information with regards to the status in terms of the search results (no record/hit etc.) but I didn’t get any information at all, so it was a disappointing meeting for me.
Some pointers:
*Have your print out of the appointment confirmation ready before you enter the building-the security officer outside the building checks it to verify that you indeed have an appointment there.
*The queue at the entrance for security check was long, so make sure you reach there well ahead of the scheduled appointment.
*There is one more counter in the lobby (and one more queue) where you get your token number for the infopass room. They asked to see the appointment confirmation receipt here as well.
*The infopass interviews are held on the third floor. I waited for 30-35 mts. before my number was called.
P.S. Received EAD card at home address and AP documents at the law firm address.
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rockstart
02-23 03:10 PM
you can also show joint tax filed as additional proof. Her H4 stamping etc can be a proof too
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amit_p27
06-19 03:30 PM
Eb3/nsc/india
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gc28262
07-29 01:18 PM
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
Country limits is just a disguise for racism. !
And one way to try to manage this is by country limits.
Country limits is just a disguise for racism. !
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clockwork
08-08 12:15 AM
Even if I back date my marriage (as advised) , How can I get my future wife to USA?. I cannot get her on depend status as my H1-B (I believe) got canceled on approval of GC.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
I dont have any better idea than what other ppl are suggesting.....But
If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....
Best of luck.
Issues I see,
1. The back date of marriage must match to my stay at India.
2. I did not visit India in the last one year.
3. I applied my I-485 in the August 2008 time. So (I must mention my marriage and dependents in the application). Which I did not . So this does not work.
See the troubles I have now.
P.S: I did not want to cheat USA Immigration Dept. Not a good practice
Let me know if there are any guanine ways.
I dont have any better idea than what other ppl are suggesting.....But
If i were in your place, i would have arranged register marriage in july itself :) after seeing the august visa bulleting then apply for spouse I-485 on the 1st day of August 08. This solves 2 problems, the one currently u r facing and the other chance of applying I-485 for your spouse. Later, you cud have followed ritual marriage as arranged by your parents....
Best of luck.
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eb3retro
04-01 06:59 PM
hi, just now both the faxes sent. one more small suggestion, correct me if i am wrong, also in addition to contacting the employers, can we contact good immigration lawyers like Berry Appleman and Leiden (www.usabal.com), rajiv khanna, murthy.com, sheila, aila.org, ohio immigration (www.immigration-law.com) etc and ask them to send this fax on their letter pads on behalf of IV. my 2 cents..
thanks.
thanks.
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pappu
12-24 09:56 PM
Let us see how many IV folks are in this boat. It is really unfortunate that you guys have had to wait. I think there are others who may have applied later in EB3 and due to different state labor, they got their GC in a couple of years. Now they maybe preparing for citizenship while you are still waiting for greencard. The labor backlogs have created this situation.
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rameshvaid
06-17 11:36 AM
Thanks for your support...Please post the link to that thread or your full story here. It would very helpful...
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
Thanks.
Here is the link..a PAINFUL ONE..
http://immigrationvoice.org/forum/showthread.php?t=18501&highlight=stuck+montreal
AND
http://immigrationvoice.org/forum/showthread.php?t=18965&highlight=stuck+montreal
RV
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gcformeornot
07-20 09:49 AM
Check your PM. This is what i sent.
Can you please PM to me too?
Thanks.
Can you please PM to me too?
Thanks.
myvoice23
08-07 12:28 PM
Hello myvoice23 ---
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
not sure. What I got msg from IO when I went had infopass appointment.
How come your case is assigned to IO inspite of pending NC. I saw a post which said that NC should be cleared before 485 approval. They are planning to finish NC by Feb, 09; for all applicants whose NC is pending for than 6 months.
I am stuck with NC...my PD is 09/2004...
Kiran
not sure. What I got msg from IO when I went had infopass appointment.
RandyK
06-10 10:36 PM
Can anyone care to take a guess at this please. Especially seniors who are pretty familier with the backlog.
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
What I am trying to figure out is if the current backlogged cases for Indians are about 120K, how many could be there for China/Mex/Phil?
Could it be as high as 70K? or less?
I would appreciate someone taking crack at this.
My blind guess is about 50K. Leaving EB3 ROW with a backlog of 30K.
If China and Mexico and Philippines backlog is like 60 or 70K that means ROW will be current by the end of the next fiscal year.
This would result in over flow of the excess to retrogressed countries.
Can someone try to breakdown the 220K backlog per Mr. O, please.
According to Mr. O.
India = 120K
China = ?
Mexico = ?
Philippine = ?
ROW = ?
Thanks
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