fromnaija
08-31 01:22 PM
I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744
Dhundhun
07-16 03:53 PM
If the processing date is July 17, on what basis they are selecting files which has reciept date July 30...
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
In case of EADs, we saw that for straight forward cases, they sent card in even 2 weeks, where on website Processing Date used to be reported 90 days before posting date.
So perhaps the simpler cases, which they though to be complete, while receiving FP feedback or Name Check feedback - just a guess - and yes while Processing Date is July 17, people of much later dates got approved. This is despite USCIS telling that applications will be processed in order.
perm2gc
07-17 06:55 PM
Friends. you have today witnessed what our collective strength can do and it is time that we spread a word about immigration voice and encourage your friends and families to join as a gratitude to IV .Please don't forget that the root cause of the problems still exist and we have to achieve it.
vina92
04-30 11:02 AM
PD Jan2005
I 140 applied Nov 2006
Approved Mar 6th 2007
I 140 applied Nov 2006
Approved Mar 6th 2007
more...
conchshell
04-24 10:01 AM
I think this is the opportunity that we should not miss ... lets start a letter or flower campaign to reach the member of the sub-committee. I am sure IV must be participating in this hearing.
On a slightly different note: Its not important that who reported it first. We are not playing a TRP rating game between immigration-law and IV. As long as our goals are same, and we all fight for a common cause, its just irrelevent who reported the news first.
On a slightly different note: Its not important that who reported it first. We are not playing a TRP rating game between immigration-law and IV. As long as our goals are same, and we all fight for a common cause, its just irrelevent who reported the news first.
thamizhan
07-18 10:33 AM
My attorney just confirmed that my application sent to USCIS on July-2, received by them on July-2 @ 9:02 AM is not returned.
This means they are accepting it.
My case was sent to Nebraska Service center.
This means they are accepting it.
My case was sent to Nebraska Service center.
more...
Eberth
10-21 06:08 PM
hehehe, btw, could anyone draw a dogs bed for me, hehehe,
kondur_007
03-25 08:31 PM
Got some answers for you (they are in red below).
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
good luck.
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 � shows 57,000$/yr
2006 W2 � shows 50,000$/yr
2007 W2 � shows 58,000$/yr
2008 W2 � shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.
Thanks.
more...
visa_reval
04-05 04:23 PM
I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
tiger05
03-01 05:13 PM
Hi,
I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.
RFE is
All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.
I came to US on 2006 feb, the attorney is submitting my W2s on monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.
As my 2006 W2 is not good , does it effect my H1B transfer.
Please let me know your thoughts.
Thanks
I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.
RFE is
All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.
I came to US on 2006 feb, the attorney is submitting my W2s on monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.
As my 2006 W2 is not good , does it effect my H1B transfer.
Please let me know your thoughts.
Thanks
more...
black_logs
10-27 11:06 AM
Yes they keep the originals and send it back with your passport, atleast they did in my case. I went to consulate in N. Delhi
My wife went for H4 visa stamping in New Delhi embassy ...
My wife went for H4 visa stamping in New Delhi embassy ...
zofa30
09-14 05:04 PM
Thanks a_yaja and thanks for all who helped me in this issue,
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.
I have a couple of questions that will help me to figure out what to do:
1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?
2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.
Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.
I have a couple of questions that will help me to figure out what to do:
1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?
2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
Thanks.
more...
gultie2k
07-02 08:41 PM
Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
Thanks
Thanks
supreet
06-07 04:42 PM
Hi Surpreet,
Did you explore more on ARRA? Is it OK to take that benifit during AOS?
Thanks
Hi Dhundhun,
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
Did you explore more on ARRA? Is it OK to take that benifit during AOS?
Thanks
Hi Dhundhun,
Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.
Thanks
more...
austingc
12-24 10:25 PM
Please advise urgently.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Sorry to hear about your I-140 denial. Can you tell us why it was denied?
1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.
Say today my I-140 is denied.
Current H1B is getting renewals due to labor pending for more than 1 year, so getting 1 year renewals.
Now I-140 is denied.
Lawyer is opening an MTR.
We dont know when the decision will come. May be positive, may be negative.
1.What happens to my current H1B which is due for renewal in Mar 2011. Can I continue to work, while MTR is pending.
2. Can I get extensions while MTR is pending.
3. If I get extension based on pending MTR, What happens to extended H1B if MTR says I-140 denied.
Sorry to hear about your I-140 denial. Can you tell us why it was denied?
1.Nothing will happen to your H1B, you can continue to work once you get your H1B extension is approved.
2. yes. You can get 1 year extension in March based on your pending MTR. It's a good thing your attorney filed an MTR.
3. If your 140 MTR is denied after your H1B extension is approved then you can work until your H1B expiration date. Make sure you file another labor immediately while the MRT is pending. So in case if your MRT is denied then at least you have a back up.
sundarpn
07-19 11:10 PM
have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.
I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!
I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!
more...
ufo2002
09-12 01:41 PM
don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
Let's redefine:
"laziness" = DOL
"stupidity" = USCIS
mygc2006
04-08 11:55 AM
please see my signature for details
engineer
07-08 08:46 PM
I will send this news to my company's Asian Pacific Forum.
We have 6000 plus members and we hope ge gets help.
We have 6000 plus members and we hope ge gets help.
amitjoey
04-16 04:05 PM
Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?
Sideliner
07-17 07:33 AM
Hello freinds :
I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.
Good luck.
I would appreciate if anyone can guide me through the situation I am in..
I am sorry, this is happening to you. I am more or less in the same condition. Can you try talking to some one like VP / CEO / President of your company regarding this? Also, I am not sure how far this is true, but I saw a post in this site saying that if you have paystubs you could file 485 yourself without employment letter.
Good luck.
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