smuggymba
05-20 09:56 AM
How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?
FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.
IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).
Did you contribute even 50 dollars for April advocacy now that you want IV to work exclusively for you?
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smiling08
09-16 10:32 AM
i only know the Premium Processing is taking 1000 and CIS will need to response within 15 days
work4pd
07-20 01:38 PM
Decoupling H1B and H-4 Time ?
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
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vandanaverdia
09-09 03:45 PM
Please spare some time & thought & decide to be in DC at the rally.
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lalitjain2002
04-14 11:22 PM
All,
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
I know as you all have reached 485 stage so you might be experts who can help answering few of my questions...
1) I work with a company who applied for my labor last year, its approved and now they are filling 140
2) Am applied in EB3 so not sure how many years it will take to get 485 dates to priority dates of 2008 ... am thinking abt 5-8 yrs
3) My wife works in a company who wont apply for her Green Card they dont have a policy
4) Her visa expires after 2 yrs ...
5) If I ask one of the consulting companies X to apply for her green card for future employment and pay all the cost for the green card.
6) Assuming she gets 140 in next 2 yrs before her visa is expired.
Questions .....
a) Can she renew her visa for 3 yrs with her current employer based on 485 filling pending with company X ?
b) How much would it cost to apply a green card upto phase 1 and phase 2 ...I might not actually require 485 stage. I just need her processing upto 140 stage so that she can keep renewing the visa until I get my 485 cleared ...in case I leave my job then we might think for her to apply 485 but chances are less.
Experts please guide me if this plan would work and if yes how much would it cost me ...
Thanks in advance ..
Lalit
ameryki
08-30 11:03 PM
There should be some basis for their judgement right? they just cannot make arbitrary decisions right? The thing is I am not sure what the procedure is when there are issues with the EAD. I am apprehensive to return my EAD for USCIS to make the correction as it expires in 3 weeks
my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.
my friend even after knowing about uscis as much as you do now you still think they go by judgement? there is no "issue" with your ead hence you cannot do anything about it. nowhere does it say you are guaranteed 2 yr ead.
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TeddyKoochu
04-22 03:47 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
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hbk
04-22 03:33 PM
Most of the above documnets were optional 2 years back, but now it become compulsory in all these, Workorder/SOW and PO is very much necessary, for an approval, Since this is a Premium Processing, there are chances of getting an RFE, asking for original contract between client and the vendor, at that time you can ask the Final Vendor or Client to send or Fax the contract directly to USCIS. And ask your attorney to mention in a covering letter in the RFE that the contract is sent by your Vendor Attorney thru mail or fax,
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
Last year I had the same situation, on Premuim Processing, and I got the above RFE, and got an year extension, this year I am proactive I am applying for normal processing, 6 months back. with all the above documents.toatl (10 years in US)
Good Luck to you and let us enlighten us, what happened to your case.
Prayers to everyone who are in this difficult phase of life extending the H1B.
May GOD Bless
Thanks a lot for the response.
Fortunately my extension got approved for 3 years without any RFE in 3 business days.
Here are the details...
Processing Type: Premium Processing
Receipt Number: EAC-XX-XXX-XXXXX
Processing Center : VSC
Applied for : 3 years(Based on Approved I-140)
Approved for : 3 years
Fedex date: 04/08/2010
Receipt Notice Date: 04/12/2010
RFE Date: N/A(No RFE)
RFE Responded Date: N/A
Status: Approved
Approval Date: 04/15/2010
Model :Employer(Desi Consulting)--> Vendor--> Client
Submitted all docs which I have mentioned in the beginning of this thread/topic.
Again submitted client & vendor letter without end dates. Also just submitted
contract papers between employer & vendor, had not submitted any purchase/work order.
Regards.
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bablata2007
11-27 04:01 PM
Thanks for the information. Definitely helpful. I will keep an eye open for any other information on these sticky situations.
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TexDBoy
06-16 05:57 PM
If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.
Once your I-140 is approved, then you lock the PD from that moment itself.
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statuslaw
01-22 05:41 PM
Hello experts,
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
I had my h1-b interview in Toronto on January 4, 2008 and got 221g yellow for administrative review. I called DOS one week ago for processing status and was told that name check is on pending. I called DOS today and was told that security check is on pending. Could you please let me know usually how many checks the DOS will do? How long the security will be done?
Thanks!
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dallasdude
09-25 04:42 PM
They forgot to metion one more track, "Are you jewish?", as they have lots of programs for jewish people to migrate into united states. I was suprised to meet so many of so called jews in my office from all over the world (mainly from Russia, Ukarine and such..) who come in through those programs. They are eligible to apply for green card as soon as they enter United States and get it in no time. And can apply for citizenship after 5 years just like everyone else.
So are the refugees from war torn countries.
So are the refugees from war torn countries.
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AabTuAgaGC
06-30 04:36 PM
Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:
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lacrossegc
06-25 01:19 PM
IMHO The problem will arise with USCIS only if the employer does not pay AT ALL ... delayed/irregular payments (as long as they meet the proffered wage on the LCA) should be fine. Not paying at all will be a serious breach of contract and the employers will be in serious trouble for doing that ....
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.
Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.
I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.
more...
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cheg
08-30 08:53 PM
Congratulations!!! Celebrate! :D
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chris
12-15 04:03 PM
Any of got approved based on this memo ?
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
USCIS offices process application in order they receive them physically (not in RD sequence). They don't process based on PD's. For adjudication ty need physical file to review documents, medicals, photocopies, etc. Sorting physical files of such a large volume in any other order would be a tedious task. Obviously they don't index files, and keep that info on the system, which would makei it easy to locate a file. Therefore, unless they do that, even if they know A# of cases due for approval, process is unlikely to work.
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vidyakulkarni
02-05 06:26 PM
what is OCI??
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LostInGCProcess
06-17 04:04 PM
Hello,
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
His title in both jobs is Sr Software Engineer.
He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
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GCard_Dream
06-29 03:58 PM
It is a shady practice. The main reason an employer wouldn't give you a copy of a I-140 is that if you were to leave company A and company B sponsors you for GC, you can keep your old priority date. But that is only possible if you can furnish a copy of approved I-140 to INS. It is such a stupid practice on part of INS to request the petitioner to provide a copy of something (like I-140) that they themselves approved and should already have a record of. But I don't think anyone expects any better from INS anyway.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
I agree that it is a employer driven petition but the employer purposely holds the information back so that they have more control over the employees decision making ( specially if the employee is thinking about leaving the company).
This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.
As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.
The copies are wothless to you if you leave the company anyways, before you get an EAD.
Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.
maheshf
07-31 12:10 PM
FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
You are right...It's random..just received �Card Production� notification for my wife as well..
They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.
You are right...It's random..just received �Card Production� notification for my wife as well..
abcdefgh
10-30 04:07 PM
They check the contenct before they post it
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