gcwait2007
07-07 01:25 PM
My friend received a letter from USCIS in response to his phone call asking then why they have not taken a decision inspite of 60 days expired after responding RFE. This is what the letter mentions.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
The status of this service request is:
Your application is pending the availability of 3rd preference employment based Visas. Currently there are none available. You are invited to visit the Department of State website where you may keep abreast of any developments regarding this classification of Visa.
What does this mean ? Now, he don't have to worry about any future RFE/Denials ? Can he make his future plans assuming he will get his GC one day ?? His PD is 2001.
please advise guys ..
thanks,
narendra
As I read your msg , I interpret the USCIS letter (my reading of in-between lines) that his EB-3 (PD:2001) case has been pre-adjudicated and he is all set to get his GC whenever visa numbers are available.
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eb2dec2005
10-16 02:20 PM
Well, iam in the same dilemma. I was out of country for 3 months since March and out of job since then.I recently took up a permanent position.I did not inform my employer about it.The new employer is willing to give the offer letter which is needed for invoking AC21. I do have a copy of the approved
I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.
Is it a good idea at this point to invoke AC21 ?
Please pass your valuable suggestions.
I140.I don't have any contact with my employer except for using the COBRA option of health coverage.So at this point iam not even sure if my approved I140 has been withdrawn or not.
Is it a good idea at this point to invoke AC21 ?
Please pass your valuable suggestions.
irock
10-10 06:53 PM
We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
Do I need to worry or This is quite normal?
Do I need to worry or This is quite normal?
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brij523
03-01 07:32 AM
Hi All,
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
After so much meeting reminder we had encouraging crowd of two people who participated for the meeting. The decision of the meeting was - we will continue with our foolishness of raising the awareness of Senator and Congressmember, call immigration reporter to cover our story.
I still believe and hope some people may join to help themself. Let me be very frank - I or significant others are in this effort as long as our purpose are not met. After that I will probably say good bye and let next generation take the lead.
Please join to help yourself before it is toooo late. There is no doubt that most of us will be in a situation where you lost job, your wife leaves you because she can't work!!, you have emergency in family but you can't go, you have job but can't process your H1B. You want to do something but you know you did not act when time was ripe. Repenting at that time will not fetch you anything and no one will be around you. Today you may find some companionship.
Please come forward. CIR is something which will help you not hurt you. If you want to do things in background that is also fine. You can contact reporter, Senator office and Congress representative office. Once you have a positive lead, let IV take care from there.
Time is NOW or NEVER. CIR Iron rod is getting heated now. Strike it within one month, while it is hot, to give the shape you want to give otherwise it will be cold and you can not do anything but weap and crib.
more...
HRPRO
02-25 10:39 AM
I am also looking for answer on this..Anyone please??
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
The moment your H-1 is rejected and you dont have another underlying petition, you are technically out of status. You could apply for another H, but with a Consular Processing request. In other words you will be asked to leave the country and get a stamping before you start work again.
And not to affect your long term stay in the country, it is better to leave the country immediately.
AmitBohra
04-17 10:23 AM
Hi Gurus,
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
Been a IV member from a decent amount of time and appreciate all the hard work done by you guys. Only thin i could contribute was monthly $50. Anyways got a quick question.
I have a 485 filed under eb2 and have my EAD , FP done and AP. i140 is approved. I will be gettting married to my finance in few months and she is born with golden spoon and of course US citizenship. So the question i have is Can i amend my employment based 485 to the I-130 petition? This way i dont have to file a new 485 for marriage.
Thanks
AB
more...
dvb123
02-28 07:02 PM
US grants home schooling German family political asylum | World news | The Guardian (http://www.guardian.co.uk/world/2010/jan/27/german-home-schooling-family-asylum)
USCIS goes by the book not by the how dumb the rule is.
USCIS goes by the book not by the how dumb the rule is.
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immiguy
07-18 04:06 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
more...
redgreen
01-31 11:53 AM
I saw the same thing in my online status, in october. What I got is a finger print notice which was originally sent to my old address which was on the I-485 application form. They redirected to it to the current address on file.
This is my guess: Since the online status has only few options, and may be the person who is updating it put it as 'document sent' and the one similar to that is the last one with 'Document production ....".
What I heard is, before they mail your GC, you will get a letter saying your I-485 is accepted. I never got that. I called USCIS and 'human robots' didn't have any idea on this, but they said my I-485 is still in the processing stage.
This is my guess: Since the online status has only few options, and may be the person who is updating it put it as 'document sent' and the one similar to that is the last one with 'Document production ....".
What I heard is, before they mail your GC, you will get a letter saying your I-485 is accepted. I never got that. I called USCIS and 'human robots' didn't have any idea on this, but they said my I-485 is still in the processing stage.
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chint001
11-25 11:54 PM
Hi,
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.
Question:
Does this note have any significance according to US law, esp. Ohio?
If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?
What is my way out of this?
I would be highly obliged if anyone can provide any help on this matter.
Regards
Chint001
more...
jkm2282
01-07 09:06 PM
Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?
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funny
09-30 05:07 PM
There is some potential good news on the horizon. DHS just published a notice (http://www.regulations.gov/fdmspubli...0000648072c5eb) that they intend to consolidate three of ancient CIS electronic record systems into a new database. Hopefully, this new database will yield the data the Visa Office needs.
Right now, the CIS does not have any comprehensive database that shows how many AOS cases are pending by preference classification, priority date, and country of chargeability. The new database that is supposed to become operational within the next ten days contains information gathered from the many independent CIS databases. Supposedly, this new database will show all of this information.
Once the CIS is able to provide the State Department with this information, the Visa Office will then (for the first time) have accurate information as to the actual demand for immigrant visas. They will then be able to make more accurate adjustments to the cutoff dates in the Visa Bulletin. For some time now, they have been flying blind without accurate information.
CREDIT:RON GOTCHER
I don't see anythig useful whan i click on this link
Right now, the CIS does not have any comprehensive database that shows how many AOS cases are pending by preference classification, priority date, and country of chargeability. The new database that is supposed to become operational within the next ten days contains information gathered from the many independent CIS databases. Supposedly, this new database will show all of this information.
Once the CIS is able to provide the State Department with this information, the Visa Office will then (for the first time) have accurate information as to the actual demand for immigrant visas. They will then be able to make more accurate adjustments to the cutoff dates in the Visa Bulletin. For some time now, they have been flying blind without accurate information.
CREDIT:RON GOTCHER
I don't see anythig useful whan i click on this link
more...
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rayen
05-27 07:08 PM
Experts,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
I am in the process of applying AP ( Paper) What should I put Q3# Class of Admission . I used my AP while entering but still in H1. Please advice.
Thanks,
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chanduv23
03-31 02:52 PM
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.
more...
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fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
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StuckInTheMuck
04-28 06:40 PM
Pretty interesting ... usually you see such writeups for developed countries... I am happily amazed to see India taking such steps... Mera Bharat Mahan!
Traditionally there used to be, and still is, a high degree of correlation between the so-called "hunger map" and the map of disease "hotspots", the idea being that most common infections originate in areas of low sanitation and poverty, and they are unlikely to be found in rich countries (malaria and cholera continue to infect, and kill, millions in India and Africa, but are non-existent in USA and most of Europe). Even the recent bird flu hotspots are confined mostly in Asia. In this sense, swine flu seems to have turned this perception on its head, at least for now, and countries like USA, CANADA, and some in Europe suddenly find themselves somewhat "untouchable" (to be fair, USA is guilty only by association, by sharing border with Mexico, the genuine swine flu hotspot).
Traditionally there used to be, and still is, a high degree of correlation between the so-called "hunger map" and the map of disease "hotspots", the idea being that most common infections originate in areas of low sanitation and poverty, and they are unlikely to be found in rich countries (malaria and cholera continue to infect, and kill, millions in India and Africa, but are non-existent in USA and most of Europe). Even the recent bird flu hotspots are confined mostly in Asia. In this sense, swine flu seems to have turned this perception on its head, at least for now, and countries like USA, CANADA, and some in Europe suddenly find themselves somewhat "untouchable" (to be fair, USA is guilty only by association, by sharing border with Mexico, the genuine swine flu hotspot).
more...
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titu1972
08-02 02:27 PM
Usually consulting companies put generic designations like software engineer or a programmer analayst in their LC. I think that is what you should look for the classification. This is a gray area.
There is a title called consultant. I have labor and I-140 approved on this title.
There is a title called consultant. I have labor and I-140 approved on this title.
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andreafejes26
03-31 08:42 PM
I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.
Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.
On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.
On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.
As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.
What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).
What are my options/risks; deportation for instance? Should I leave the country immediately?
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reddy77
08-17 09:01 AM
saimrathi, I am in the same boat too, got the 693 supplement form last week from DR's office, but we filed 485 application in july 2nd week.this is not our mistake. do we need to worry about this ?
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.
I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.
My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.
Anyone else in the same boat? Is this something to worry about? See signature for more info...
northstar1
07-26 03:08 PM
For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.
Thanks
Do you know if your successor in interest i-140 has been approved
Thanks
Do you know if your successor in interest i-140 has been approved
485Question
10-11 01:08 PM
Just try if you can get any letter of explanation from the university, and prove on your job (experience) from 2003.
Hope this helps.
Thanks
Hope this helps.
Thanks
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