flipflop
08-17 02:01 PM
Just sharing my history:
Category: EB2 India (Bachelors engg + 6 years of exp)
PD: Feb 3 2006
I-485 Filed Date: July2 2007 NSC
I-485 Received Date: Aug 9 2007 NSC
First (and last) Fingerprint: Oct 26 2007
last LUD before Approval: Feb 3 2009 (probably pre-adjudicated at this time)
4th Aug 2010: Card Production Ordered
9th Aug 2010: Received Welcome letter in smail mail.
11th Aug 2010: Got I-485 Approval Email
16th Aug 2010: Received physical cards for me and spouse (letter said they were dispatched on Aug 11).
Any RFE: No
Any SR opened: No
Contacted USCIS/Infopass: No
Contacted Congressman/senator/ombudsman: No
Category: EB2 India (Bachelors engg + 6 years of exp)
PD: Feb 3 2006
I-485 Filed Date: July2 2007 NSC
I-485 Received Date: Aug 9 2007 NSC
First (and last) Fingerprint: Oct 26 2007
last LUD before Approval: Feb 3 2009 (probably pre-adjudicated at this time)
4th Aug 2010: Card Production Ordered
9th Aug 2010: Received Welcome letter in smail mail.
11th Aug 2010: Got I-485 Approval Email
16th Aug 2010: Received physical cards for me and spouse (letter said they were dispatched on Aug 11).
Any RFE: No
Any SR opened: No
Contacted USCIS/Infopass: No
Contacted Congressman/senator/ombudsman: No
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spatial
08-20 07:31 PM
Not excatly. eb3_2004 has posted the link of INA. You will find more interesting things if you read through it.
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:
Non-descrimination rule is clearly spelled out in Section 202 (a). I assume this rule should be generally applied to all applicants, no matter which categories they are falling, unless other rules specifically provided in paragraph (2) and in sections 101(a)(27) , 201(b)(2)(A)(i) , and 203.
INA does not say to spillover unused visas first to EB2 then EB3. I assume USCIS and Department of State should treat each EB applicants equally (based on their priority dates, not based on EB categories) in according to INA act.
It is likely the misinterpretation violates the law. We need some one which more professional knowledge to read through it. Can some core member help?
if a change in interpretation is done intentionally, then USCIS admits they were allotting visas incorrectly during the previous years...if it were a public company, lawyers would be climbing over one another to file a class action suit...unfortunately all we can do is write letters, make phone calls and pray :rolleyes:
vbkris77
09-23 07:54 PM
I think we are assuming that this will continue to be the case through Oct 2010. What if DOL changes policies with PERM approval tomorrow or the economy starts improving by March? EB2 ROW is current and there will be quite a few PERM's from them which will be adjusted immediately. We'll have to wait till the Sep results are in and the data is adjusted with 2005 EB2 numbers. Hopefully all < 2005 should be taken care of for EB2.
Source OH law firm immigration-law.com
09/23/2009: Official PERM Labor Certification Application Processing Times as of 09/30/2009
U.S. Department of Labor, Office of Foreign Labor Certification has just released the current processing time of permanent labor certification applications as of the end of this month. The date represents the date the applications were first filed, which is also called priority date.
Final Reviews (Clean Cut Cases): December 2008
Audit Cases: October 2007
Standard Appeal Cases: August 2007
Gov't Error Appeal Cases: Current
The last four-month processing times confirm that even though its FY 2010 (10/01/2009-09/30/2011) budget proposal estimated that the PERM processing times would be nine (9) months, actually the nine-month processing time started in the second-half of FY 2009. Accordingly, the employers hiring permanent foreign workers must understand that at least for the next one year, processing times of PERM applications will not improve and should learn to live with it and plan accordingly in their recruitment and hiring practices. Foreign workers should also take the delayed processing times of permanent labor certification application in their journeys in nonimmigrant status, on top of the State Department's predicted visa number problems coming year.
Source OH law firm immigration-law.com
09/23/2009: Official PERM Labor Certification Application Processing Times as of 09/30/2009
U.S. Department of Labor, Office of Foreign Labor Certification has just released the current processing time of permanent labor certification applications as of the end of this month. The date represents the date the applications were first filed, which is also called priority date.
Final Reviews (Clean Cut Cases): December 2008
Audit Cases: October 2007
Standard Appeal Cases: August 2007
Gov't Error Appeal Cases: Current
The last four-month processing times confirm that even though its FY 2010 (10/01/2009-09/30/2011) budget proposal estimated that the PERM processing times would be nine (9) months, actually the nine-month processing time started in the second-half of FY 2009. Accordingly, the employers hiring permanent foreign workers must understand that at least for the next one year, processing times of PERM applications will not improve and should learn to live with it and plan accordingly in their recruitment and hiring practices. Foreign workers should also take the delayed processing times of permanent labor certification application in their journeys in nonimmigrant status, on top of the State Department's predicted visa number problems coming year.
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glus
01-24 01:31 PM
Thanks and good luck to u too !
I called DOS and they r just saying that they have't gotten to verifying my data yet in PIMS coz it's not yet available.. it's been a month 13 days and counting since my visa appearance..
Ask your attorney to resolve this through AILA.
I called DOS and they r just saying that they have't gotten to verifying my data yet in PIMS coz it's not yet available.. it's been a month 13 days and counting since my visa appearance..
Ask your attorney to resolve this through AILA.
more...
royus77
06-20 05:15 PM
please clear the doubt .. Affidavit of support is it I-134 or 864?
Its I-134 document
Its I-134 document
SunnySurya
08-07 11:52 AM
I am impressed by your qualifications, what is your PD?
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
I am EB2-I with a couple of US grad degrees (and same undergrad school as Rolling Flood, not that it matters to anyone except perhaps those who suppor the lawsuit). And I think this lawsuit is a bad idea because it is divisive and petty.
There is an old Malayalam story that most people who went to school in Kerala would have read in their primary school classes. Two guys, Greedy and Jealous, pray to God. God appears and Greedy goes, "I just want double of what you give the other guy. All I want to be is to be ahead of him." Hearing this, Jealous says, "God, please make me blind in one eye."
This lawsuit, like the story above, is a case of knifing others in the back, for no real gain. We should instead try to leverage IV's large membership for a common good, which is what has made IV successful so far.
more...
thescadaman
01-15 05:37 AM
I have put the 2 letters in mail, one to Washington and another one to IV.
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gc_us
09-18 12:09 AM
Happy for those who go the receipts notice.
Mine was signed by J. Barrett on July 2nd @ 10:25 AM and got no update so far.
Tried calling USCIS they don't answer properly.
Lawyers saying can't do anything but wait and watch.
Any idea after 90 days if it's still not in their system then what to do
Mine was signed by J. Barrett on July 2nd @ 10:25 AM and got no update so far.
Tried calling USCIS they don't answer properly.
Lawyers saying can't do anything but wait and watch.
Any idea after 90 days if it's still not in their system then what to do
more...
manand24
09-18 09:16 AM
Yesterday, I received receipt notice via USPS Mail for:
1. My I485 application
2. My I-131 application
3. My wife's I-485 application
Still waiting to hear about My wife's I-131, I-765 for me and my wife.
See signature for details.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
I have not received any reciept notices yet. I also filed on July 2, 2007.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
1. My I485 application
2. My I-131 application
3. My wife's I-485 application
Still waiting to hear about My wife's I-131, I-765 for me and my wife.
See signature for details.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
I have not received any reciept notices yet. I also filed on July 2, 2007.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
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unseenguy
06-14 12:07 PM
How many times in this thread I have mentioned that I am getting replaced by one of these L-1B resource, I am a poor Oracle/DB developer who fortunately cannot be replaced by L-1B visa resources (as my skills is a common technical one). So once these violations impact your day to day life you look around for ways to stop this fraud. Its true that if I was a Nuero Surgeon in Phily or a Astro Scientist in Houston I wouldn't be interested in this violation :-) .... tomorrow let this scenario happen to you ... you would be first one to raise the alert.
Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.
Well I have given work to offshore at so many X number of places now that I have stopped bothering about it. Just keep upgrading your skills.
Regarding 'getting burnt', I don't think there is bigger burn than loosing our jobs (which already is happening) and hope you know that there is something called 'anonymity'... ya lets see whos going to get 'burnt' here. We'll definetly keep you updated regarding the outcome.
Well I have given work to offshore at so many X number of places now that I have stopped bothering about it. Just keep upgrading your skills.
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bayarea07
09-15 10:58 AM
Why do not we have free efax on the home page, same way numberusa have ??
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spicy_guy
03-29 01:39 PM
Lets treat good news for EB2 as good news for EB3 also.
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
Hoping for the best. Can't see waiting for another half a decade to get our GC.
In 6 months?!?! May be toooo optimistic!
At least EB2 comrades are enjoying the news at least after quite sometime!!!
If not today, some of us EB3 folks may want to port. So it will help more people to port and also to compensate to some extent the #s coming into EB2 pool from EB3.
Overall its a good news, and looks to be possible we see this on Murthy site also. Lets be happy.
Hoping for the best. Can't see waiting for another half a decade to get our GC.
In 6 months?!?! May be toooo optimistic!
At least EB2 comrades are enjoying the news at least after quite sometime!!!
more...
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Caliber
06-12 12:09 PM
I can send all the details .. including the evidences, can u assure me of anonymity and protection under whistle blower category ??? Dude r u kidding me ... we are talking about a complaint against a Billion Dollar firm and its resources.. do u expect me to give the details in this open forum ... BTW do u still think that I am tunnel rat???
I support you L1Fraud.
Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.
I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.
You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.
I support you L1Fraud.
Guys: This has become a major problem at every place. If we do not take any action, every one of us will be replaced by these BIG outsource companies with L1 and B1.
I already reported this to ICE about violations of CTS which has placed their L1's at client's place for the past 2 years. And still they have several people.
You may not believe their pay. I do not want to put a number here and it will be a shame on CTS for misusing L1. They replaced 18 American Workers at my client's pace. Whatever you guys might think, this is a FRAUD.
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abuddyz
01-07 09:37 AM
H1 Visa renewal (with a new employer)...earlier H1 visa was stamped in Toronto.
I-140 pending at NSC since March 07
Category is Schedule A (now EB3)
I-485 pending at TSC, EAD and AP approved.
There was no communication between the consulate and my employer. I guess it was just luck.
wanted to check one more thing with you.. before how many days you submitted your documents to VFS center in mumbai? (they might have processed PMIS check earlier, after your document submission)
thanks for taking time to post your details here..
I-140 pending at NSC since March 07
Category is Schedule A (now EB3)
I-485 pending at TSC, EAD and AP approved.
There was no communication between the consulate and my employer. I guess it was just luck.
wanted to check one more thing with you.. before how many days you submitted your documents to VFS center in mumbai? (they might have processed PMIS check earlier, after your document submission)
thanks for taking time to post your details here..
more...
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anotherone
02-05 09:12 PM
There was a mixup and it has been cleared up, so I have the employment offer again.
thanks to all that answered
thanks to all that answered
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MeraNaamJoker
08-19 09:03 AM
Hi All, I had a quick question.
My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
My online status is at post-decision activity and not at CPO.
Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
Thanks so much.
No need to worry at all. The cards will arrive very soon. My case pretty much similar.
My I-485 got approved earlier this week from NSC and I received the approval/welcome letter by USPS.
My online status is at post-decision activity and not at CPO.
Though my welcome notice says that I should receive the card in 3 weeks, I am wondering if I need to be at CPO status before that happens....also I read somewhere they may require another FP before CPO (that was talking more abt transfer cases, but mine has always been at NSC).....but nowhere in my approval notice does it ask for an FP.
I was wondering if I should just sit tight and wait for the physical card or try to find out more information.
Thanks so much.
No need to worry at all. The cards will arrive very soon. My case pretty much similar.
more...
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SunnySurya
08-07 10:49 AM
Here are the list of divisions we have
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
Row vs Non Row
Eb2 Vs Eb3
EB2NIW Vs Eb2
US Master vs Non US Masters
RIR vs Non RIR
Nurse vs others
etc etce...
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nmdial
09-24 12:06 PM
The link is still there: (if you meant the pending list)
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
http://www.uscis.gov/USCIS/New%20Structure/3rd%20Level%20(Left%20Nav%20Children)/Green%20Card%20-%203rd%20Level/Pending%20Form%20I485%20Reports.pdf
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GCAmigo
01-05 05:58 AM
Agreed/
~GCA
~GCA
waiting4gc02
05-17 08:17 AM
Guys:
Here is my scenario :
We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.
I am going to apply for I-485(both) next month and EAD for my wife.
My questions are :
A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?
B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
Do we have to use AP only if we want to travel, once we have filed I-485 ?
Thanks for your time.
Here is my scenario :
We have a 3 year extension( H1-B for myself) and (H4 for my wife) based on an approved I-140 valid till Feb'2010.
I am going to apply for I-485(both) next month and EAD for my wife.
My questions are :
A) Do I need to apply for EAD for myself ? If yes, what are the benefits ? Does it help to have an EAD, if I decide to change jobs using AC21 after 180 days of filing I-485 ? Or any other benefit ?
B) Do I need to apply for AP for both me and my wife ? Can't we travel and then get Visa stamped for 3 years (till 2010) based on the I-797 that I have ?
Do we have to use AP only if we want to travel, once we have filed I-485 ?
Thanks for your time.
Madhuri
03-26 01:23 PM
Guys,
I am tired of short term projects and I started my FT job search in March first week, got 2 offers, both companies are fine with EAD. Only question HR asked me is, "your EAD expires in Sept,when are you starting the renewal process?" I told her that I can apply for renewal only within 90-120 days time frame. She was fine with my answer and also mentioned that she is aware of the fact there is some time line for EAD renewal.
I'll be starting my new FT job from Monday.
So bottom line is there are some HR people who are well aware of EAD and the strings attached to it. You are definitely going to meet them sooner or later, don't loose hope.
BTW why am I using AC21? - my PD is March 2006 (EB3 India), so I decided to use AC-21/EAD, as nobody knows how long this GC journey is? I am already in my 8th year of H1.
I am tired of short term projects and I started my FT job search in March first week, got 2 offers, both companies are fine with EAD. Only question HR asked me is, "your EAD expires in Sept,when are you starting the renewal process?" I told her that I can apply for renewal only within 90-120 days time frame. She was fine with my answer and also mentioned that she is aware of the fact there is some time line for EAD renewal.
I'll be starting my new FT job from Monday.
So bottom line is there are some HR people who are well aware of EAD and the strings attached to it. You are definitely going to meet them sooner or later, don't loose hope.
BTW why am I using AC21? - my PD is March 2006 (EB3 India), so I decided to use AC-21/EAD, as nobody knows how long this GC journey is? I am already in my 8th year of H1.
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