jsb
01-14 11:01 AM
Tired of waiting ( PD: August 2001) I finally wrote to both my local congressman and Senator today. My senator is on senate Immigration commitee so lets see what happens. Hopefully something will move.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
If this doesnt help I will try Ombudsman next after couple of months. The Ombudsman form has a question of if you have tried through Congressman etc first so we can try and see that.
Guys its so funny when you see ppl with PD of 2003 and 2005 complaining and bitching. Here we have waited 7 + yrs our PD's are current and we are doing OK. Wait sure brings maturity :)
USCIS does not process cases in PD order, because they can't. Thousands of files they receive, are sequenced in order they receive them at Centers. They claim that cases are processed in order they receive them. "Receive Date" is not what you see on your receipt, it is the date they physically received the case on (thus if case is moved from one center to another, true Receive Date is the date it was recieved by the last center). You see this data online status as "...we received (or transferred) your case on ...".
PD critieria is limited to certain countries only. Therefore, by and large, "cases are processed in order they are received..." works well. However, for India, China etc. where PD cutoff has to be factored, it is used merely to decide to work or skip a file (when seen in the receive date order). If PD cutoff date is very restricted, they will have to skip a lot of cases, which slows them down. That's the reason every July they ask for wider PD cutoff dates so that they can consume a lot of visas, as they don't have to skip that many cases.
This process is a mockery of the PD cutoff dates, but that's how it works. If you sent your case on June 28, 07, with July 2, 07 as the printed Receive Data on your receipt, but the case where it finally rested, was entered in their database on Oct. 28, '07 (with a Notice Date soon thereafter), you case will not be looked at, no matter what the PD cutoff date is, unless all cases received before Oct. 28, '07 have been reviewed.
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Libra
01-12 03:34 PM
please send letters and vote here.
satishku_2000
05-31 01:26 AM
Please guys, I understand the frustration we're all going through but do not compare it to what happened to the Jews under the Nazis. We are indeed in a bad situation but comparing it to genocide is too much.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.
I have seen pictures of the Holocaust and still get nightmares.
Just keep things in perspective and have faith in God and your destiny.
Remember, the bill hasn't passed yet. It still has to go through the House of Representatives.
There is nothing in this world that is as evil as Nazis , People should refrain from using the word at any cost.
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icecolor
02-12 07:42 AM
You need to file form 4852. That is super easy and I have filed it once.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
There are no problems with that whatsoever.
You employer cannot pull a single hairstring from your head. So do not worry about the legal notice. That is all bull. He is probably worrying day and night about the DOL complaint you made.
What you need to, further, is go to the local IRS office and talk to one of the employee about not getting your W-2. Not providing a W-2 is serious issue.
more...
saketkapur
11-21 04:25 PM
I-485s Not Tracked by Priority Date
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
A question was asked about the volume of employment-based I-485 Application for Adjustment of Status cases pending with NSC as of April 2008. Also asked was how many of the cases had current priority dates. The NSC advised that they had, at that time, approximately 190,000 EB I-485s. They also clarified that they do not track cases solely by priority date. While we are aware that cases were not tracked by priority dates, from the questions we receive, it is worth reiterating to our readers. Our firm see questions, frequently accompanied by outrage, asking why I-485 cases with later priority dates are approved prior to those with earlier priority dates. The answer is simply that the USCIS service centers do not re-sort or track I-485s solely based upon priority dates. Case processing is based upon filing date, but I-485s cannot be approved if the priority date is not current. The NSC also referenced the need for an I-485 to be what they refer to as "viable" in order to be approved. Viable cases are those with approved I-140 petitions, clean fingerprint and name-check results (or name checks pending over 180 days), as well as being eligible for visa issuance, based upon priority date.
s_r_e_e
08-10 10:38 AM
How does one get to know if his Labor Substitution was rejected? If a Receipt Notice was received does that mean that it was accepted? And, can they reject it later?
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
Receipt Notice means they accepted the case for reveiwing. I guess these rejections came after they reveiwed the case.
more...
WaitingForMyGC
02-11 10:23 AM
On one hand we have VLD Rao crunching numbers like CRAY XMP and telling that EB2 will be close to current by End of the Year . On the other hand Mapadpa now says that the movement will be slow . I am a mere mortal and i am confused to the core on what to make of it ,
I believe in VLD Rao. He gives me hope. :-)
I believe in VLD Rao. He gives me hope. :-)
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sanjay
02-11 10:29 AM
I believe in VLD Rao. He gives me hope. :-)
But, Mpadapa has some reality. That's what we are seeing in last 3 - 4 bulletins. A slow but steady movement.
Atleast with current movement we can plan in what period we can expect our case will clear.
But, Mpadapa has some reality. That's what we are seeing in last 3 - 4 bulletins. A slow but steady movement.
Atleast with current movement we can plan in what period we can expect our case will clear.
more...
sandy_anand
07-14 10:15 AM
Congratulations Dinesh! Your story is an inspiration to the rest of us!
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coloniel60
08-15 02:59 PM
Duplicate application will definitely create problems I will told today by the USCIS rep. They don't recommend it at all and neither my lawyer. He has refused to re-file or will only re-file if I take the onus/responsibility of the result.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.
USCIS rep also informed me that as long as you have a tracking proof that you application was delivered, you should be able to refile after Aug17 also, in case application was not processed because it was lost or so.
USCIS feeds us lot of BS. Their reps have no idea about the whole immigration process. You get different answers each time you call. Atleast 3 different reps told me that it's fine to refile except that I will lose the money and one rep told me that I can always request USCIS to refund my money. Go figure.
more...
nrk
10-27 09:54 AM
Hi I just talked to customer service representative, she said that It is either due to a security check or Department of Homeland security trying out different exercises before approving the case. So Please wait for some more time and give a check. when the applications went to security check, the similar kind of response you will get. If your case falls under a specific section we will put the section in that.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
If you need more information or you are worried please take an info pass otherwise please check back with us later.
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Madhuri
04-01 08:47 PM
Sent both faxes to CA senators
more...
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senthil
04-13 03:26 PM
go out n enjoy the week end
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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. !
more...
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guy03062
04-03 07:59 AM
to all senators.
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forever
07-27 05:38 PM
I think some of the people on this forum should be diagnosed for click’O’mania. Basically what it means is developing impatience and restlessness qualities as a result of using computer and mouse over an extended period of time. It makes a patient believe that results should be expected within few minutes after initiating any activity just like the click of a mouse does. Examples are on-line credit card payments, rental payments, electricity, telephone, cell phone, cable bill payments, money transfers to name a few. Over period of time when the patient gets used to these habits, he tries to extend the same logic to other walks of life. Expect results within few minutes. What the click’O’maniac does not understand is certain things in life requires some amount of time in terms of weeks and patience to complete. Even though he/she knows that USCIS is going to receive about � million applications by Aug 17th and receipting of 485 applications is going to take long time, he/she can not resist pressing F5 button on bank statement URL, USCIS press room URL, immigration voice URL, on line case status URL, email account URL and what not URLs. So, someone is trying to contact CSR every day about the receipt status, verifying if checks are cashed or checking LUD on previously approved certifications on hourly basis, it is not his or her fault. Culprit is this undiagnosed disease. If untreated, he/she may be desperate for the finger print notice date in near future. After the finger print notice date, it may be FP notice acceptance date or LUD on case status.
If treated, he realizes that how deep he went into this GC well and how far is away from life on earth and thanks his stars for not remaining as a frog in a well.
How to treat: Do your karma and do not expect results.
If treated, he realizes that how deep he went into this GC well and how far is away from life on earth and thanks his stars for not remaining as a frog in a well.
How to treat: Do your karma and do not expect results.
more...
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dan19
04-13 11:11 AM
USCIS didnt announce that..Any links to the announcement?
No visa bulletins till October2007
Thats what USCIS announced 2 weeks back
So stay cool:)
No visa bulletins till October2007
Thats what USCIS announced 2 weeks back
So stay cool:)
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Jaime
08-31 05:34 PM
i meant to ask this earlier
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!
if you are unable to make it to DC- and if it's for any reason that we can help with at all- please let me know. you can pm if you want.
Thanks so much man! Actually I was all set for Sept 13 but have a work appointment on Sept 18, yet I am even thinking of cancelling that to attend. I don't care how expensive it is. This is historic, just like Martin Luther King's Civil Rights movement! We can make history! It's an investment in our future!
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xyzgc
10-23 03:56 PM
If thats the case then why don't they move the PD forward. EB3-I is stuck in 2001 since last 3 years and its not moving forward at all. How can we get some help here, ombudsman?
That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
Its crazy.
How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.
That is exactly the issue. they don't move it forward despite lack of sufficient number of cases and then they move it forward by a year or so, it creates a chaos. And it applies to EB2-I also. Look where the dates are as per Nov bulletin.
Its crazy.
How many cases you think are in 2001, when last june the cutoff PD was June 2003? All this has been said over and over again in other threads, there is no point in repeating it.
bobyal
05-12 09:03 AM
The bill text says there is NO fee and the applications need to be processed expedited.
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
--------------------------------------------
SEC. 10. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION ON FEES.
Regulations promulgated under this Act shall provide that applications under this Act will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.
--------------------------------------------
So once this bill passes, we can just forget about legal immigration applications for 2 ~3 years, until all illeagul and UNDOCUMENTED applications are processed.
This is going to effect all legal immigrant community, think about waiting for AP, EAD, H1B application and guess people might have to suffer loosing jobs while waiting for these applications processed.
aroranuj
04-16 12:28 PM
Can anyone please give any advise/ideas on how to deal with this?
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
Thanks.
Hello All,
I have just received a copy of the denial notice that USCIS sent to the attorney for my I-140. This is what the notice states is the reason for the denial. Can someone please advise me what my chances are for an appeal to be approved? My lawyer is noncommittal at this this time. My I140 was filed under the EB3 Category. My 6th year of H1B expires in June.
"A Bachelor's degree is generallt found to require 4 years of education. Therefore, the beneficiary's 3 year diploma is not equivalent to a 4 year bachelors degree which is the minimum educational requirement to be classified as a professional on this labor certificate.
Under part H Number 4 of the Labor Certificate, the petitoner has checked the box "Other" under education. Under part 4-A the petitioner stated: 'Will accept academic studies evaluated as equivalent of US Bachelors'. The evaluation submitted indiactes that the beneficiary has the foreign equivalent of a US Bachelor of Science.
However this statement cannot infer that the petitioner will accept anything less than the minimum education requirements for a professional, i.e Bachelors degree. The evidence indicates that the beneficiary does not have a bachelors degree or foreign equivalent degree. Therefore, the beneficiary does not meet the minimum requirements of the ETA-9089"
Please note that I have a 3 year diploma & 1 year towards Bachelors in business & this case was files at the Texas Center. Any insights from knowledgeable members will be helpful.
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