GotGC??
06-21 09:22 AM
Any idea what constitutes a "simple, str forward" case? At 485 stage, what are the things that could potentially make it a more complicated case?
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.
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mikemeyers
12-26 05:42 PM
According to my knowledge, going back to F-1 is your best bet. The reason is whether u are legal in the country or not while ur H1 application is pending is decided by USCIS by approving change of status. If they don't u will be out of status, u have to leave the country and come back. but if you r on f-1, u'll be in legal status all the time. Just make sure, u transfer ur SEVIS I-20 before 60-day OPT grace period expires. Then, u'll be able to avoid worst case scenarios of being out of status in case ur H-1 is approved but change of status is not.
makemygc
09-19 07:21 PM
Hi Joozz,
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
I've faced a similar situation. My H1B was issues in Nov 2000 and I also changed employer 2 times and joined by current company in Mar 2005. As a part of H1 transfer, my visa got extended until Mar 2008, whereas my 6 year expires in Nov 2006. In April 2006, since we knew that actualy visa expiration date is Nov 2006, my employer's attorney's filed for H1 extension based on my pending labor with my current company and also clearly stating in the application that my H1 extension for 8 years is a mistake from USCIS part.
Though USCIS has not responded admitting their mistake, but I've got 1 year H1 exntesion until Nov 2007. So even though I've lost 1 year added advantage but I got my piece of mind. My company will file for 3 years extension, once we get I-140 approved.
Hope this helps,
MakeMyGC
Hi guys,
Is there anyway somebody can give me an advice what to do?
My first H1B was issued in December 2000, then I changed employer 2 times and joined my current company in January of 2005. My current employer got my visa transferred and new visa was issued till April 2006. In March my employer sent another petition for H1B extension and this petition was approved in June 2006 and it says its valid till October 2008. It means totally I can stay on H1B almost 8 years? It seems to me its some sort of clerical mistake and I am not sure that I do not violate any immigration law staying here.
Here is another thing that confuses me even more. My current employer started my GC on EB3 though. In January 2006 the employer filed I140 that has been approved May 15 2006. Even though, we did not file any additional requests (I heard I can extend H1B for 3 years with approved 140) I am wondering if USCIS figured it by themselves when they were approving my H1B petition.
Recently I have got decent job offer from another employer that willing to transfer my H1B and start my GC from the beginning. Will it be a huge risk to accept this job offer?
I am sorry for asking it here. We do not have a layer for GC procedure. I was trying to find one that can clarify my situation but layers who I found did not want to give me a legal advice even I was ready to pay for it. They were demanding $1000 retainer prior any work done.
Thanks in advance.
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sumansk
10-03 10:04 PM
I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
NJOY !!!
NJOY !!!
more...
chantu
06-15 09:26 AM
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
Mo-Ti
06-15 02:44 PM
a very/too late appointment, but I just made this for another kidding "project" (with a few stolen things of fester, trying to make it worse) and thought you guys have to see it :x
http://scu.cutegirl.at
http://scu.cutegirl.at
more...
Kitiara
05-27 09:08 AM
It took me about 5 minutes to ven <i>find</i> the links page... :sure: They're all vile. Truly hideous. :)
2010 of a Happy Easter Bunny
LCtank
07-14 01:46 PM
This link didn't work for me either.
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
more...
GCOP
01-08 03:51 PM
If you have already sent passport along with I-94, don't worry. They will return your Old passport with I-94 & New passport.
i did not remove the i-94's and have already sent the passport for renewal. i do have a scanned copy of the i-94's. is there anything i can do at this point to get back the i-94's? i hope this does not pose a problem when i plan to travel outside the US. any advice is much appreciated.
i did not remove the i-94's and have already sent the passport for renewal. i do have a scanned copy of the i-94's. is there anything i can do at this point to get back the i-94's? i hope this does not pose a problem when i plan to travel outside the US. any advice is much appreciated.
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txh1b
08-18 11:31 AM
What was the RFE about? You should not begin work for new employer as you do not qualify for H1b portability. Any employment prior to that has the risk of being considered unauthorized.
more...
InTheMoment
12-04 05:04 PM
NYCGal,
I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.
My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.
Time taken by BEC to correct the error in your case would help me a lot.
thanks:)
I zoomed into your post when I saw DoL Withdrawn... my case shows "Withdrawn" which was apparently due to the famed computer glitch at the BEC. It should have had been returned back to it's original status (In Process) but that has not yet happened even after the DoL advisory to wait until Dec 1.
My lawyer has gotten in touch with the BEC. I was wondering how much time it took in your case for BEC to correct the error. My RIR conversion recruitement is ongoing and I wonder if the BEC will deliver on correcting in the mistake before it ends.
Time taken by BEC to correct the error in your case would help me a lot.
thanks:)
hot Happy Easter Bunny LWP 1
pd_recapturing
08-05 10:31 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
more...
house Happy Easter Wallpaper
paskal
02-17 01:30 AM
they have a quarterly limit too which ensures they have Gc numbers in the last quarter. so how did they exhaust the whole year's quota by feb? or was it just quarterly allocation?
tattoo Screenshots: Happy Easter
santb1975
02-13 11:48 PM
This doesn't feel good :o
more...
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Berkeleybee
02-14 01:21 PM
Thanks for that Iptel.
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
dresses Super Happy Easter Wallpaper
yabadaba
07-23 09:52 AM
ne thots from core?
more...
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FrankZulu
08-12 04:26 PM
As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?
Good morning XXXXXXXXXXX,
Re: I-485s <Applicant Name>
I have conversed with those in charge of these cases.
The United States Citizenship and Immigration Services (USCIS) is
committed to adjudicating immigration benefits in a timely, efficient
manner that ensures public safety and national security.
Toward that end, USCIS requires extensive background checks for every
application or petition it adjudicates. While background checks for
most applications or petitions are completed quickly, a small percentage
of cases involve unresolved background check issues that result in
adjudication delays.
Background checks involve more than just the initial submission of and
response related to biographical information and fingerprints. When
checks and/or a review of an administrative record reveal an issue
potentially impacting an applicant's eligibility for the requested
immigration benefit, further inquiry is needed. The inquiry may include
an additional interview and/or the need to contact another agency for
updates or more comprehensive information. If it is determined that an
outside agency possesses relevant information about a case, USCIS
requests such information for review. Upon gathering and assessing all
available information, USCIS then adjudicates the application as
expeditiously as possible.
We have checked into your constituent's case and have been assured that
the agency is aware of your inquiry, and is monitoring progress related
to it. However, unresolved issues in your constituent's case require
thorough review before a decision can be rendered. Unfortunately, we
cannot speculate as to when this review process will be completed.
We realize that your constituent may feel frustrated by delays related
to his or her case. As an agency, we must weigh individual
inconvenience against the broader concerns of public safety and national
security.
We hope this information and assurance are helpful. If we may be of
assistance in the future, please let us know.
I hope this information is helpful to you. At this time I am closing the
inquiry on this matter.
Thank you,
<Officer Name>
Immigration Services Officer
NSC Congressional Unit
I have tried multiple sources and following is the response:
* SR (july 19th): No response Yet
* IO Inquiry (2nd Level, multiple times): You are pre-adjudicated. Officer will review/in review.
* Congressmen: I am in the queue to be processed (File will be picked through electronic sweep :confused:).
* Senator: Background check being conducted. (No written response yet, just was updated on phone by the senators office).
* InfoPass (3 months back): Your application is pre-adju. and will be approved once visa is available.
To all who have experienced something similar, how can I confirm if my application is really going through background check??? Or should I give it more time?
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Sunx_2004
09-08 06:32 PM
Is he EB-3 India, His PD is not even current. He must have ported to EB2..I guess..
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
Yes, A colleague case is similar to yours. Got his "Welcome" mail via USPS, Online status still show as pending, but only difference, his case is EB3, not EB2. I-485 filed during the July rush, both the primary applicant and the spouse got the welcome notice via USPS mail. LUD seems to be in August sometime. The online status is not really reliable. Still shows as case received and pending. PD is July '04. He is not sure, and his consulting his attorney, if any action required on his side. Not sure, this is a exception or more cases like this.
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illinois_alum
05-27 09:30 PM
I had e-filed for me and my wife on 05/14.
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
I e-filed for my wife on 5/24 - application was submitted to NSC.
Sof LUDs on 5/25, 5/26 and 5/27
Sent documents on 5/25 - Received by NSC on 5/27
Received Receipt Notice on 5/27
Waiting for FP notice (last FP was ~2 years back at the time of last EAD renewal)
App went to NSC. Sent docs on 05/19 - delivered on 05/21
Soft LUD on 05/17, 05/18 and on 05/24
Got receipts on 05/21
Yesterday (05/25) got ASC notice for FP for my wife.. did not know that FP is needed for EAD.
I thought last time we got FP notice.. it said app type as I-485.. that time.. in July fiasco.. we had applied for 485/EAD/AP all together
Have not got my FP notice yet
I have a Que - my daughter is 7 and initially the attorney had applied for EAD for her too... but then after the first time (2007) I did not apply for her EAD.. I thought no point in wasting $340 every time..
Now since FP notices are coming for my wife and hopefully for me - how about FP notice for my daughter? Do I need to apply for EAD for her.. to get FP notice?
If I don't get FP notice for her - will her Case be ok?
I e-filed for my wife on 5/24 - application was submitted to NSC.
Sof LUDs on 5/25, 5/26 and 5/27
Sent documents on 5/25 - Received by NSC on 5/27
Received Receipt Notice on 5/27
Waiting for FP notice (last FP was ~2 years back at the time of last EAD renewal)
drirshad
08-13 03:31 AM
He is gone .............
navyug
05-14 10:59 PM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
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