willwin
03-24 09:56 AM
That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?
Lucky you!! Mine was filed on Jan 5th and still waiting!!
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
Lucky you!! Mine was filed on Jan 5th and still waiting!!
I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.
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bkarnik
12-06 09:45 AM
Irrespective of what your notice says, it is very likely that your case has still actually not been transferred to NSC and is still in the CSC. I know because this is what has happened in my case. Just like yours, both mine and my spouse's applications were transferred to the CSC for data entry. Then we got notices saying our cases have been sent back to NSC. But apparently, only the 485 applications were supposedly sent back. The CSC issued EADs and APs for both of us.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
IN the meanwhile, since the name typed on my receipt was incorrect, my attorney got the Senator's office involved. Now comes the punch line...according to the information provided by the USCIS to the Senator's office, irrespective of what the notices said, only my spouse's 485 application was actually sent to the NSC. My application is still in the CSC for some reason.
Also, according to sources that my Attorney has, it appears that right now the USCIS is in a "meltdown". They have no idea how many applications they received, where the applications are, and what stage of processing each application is. This was in response to feelers my Attorney sent regarding the FP notices (since we have not received ours yet, RD for 485 is July 23rd). Apparently, the USCIS is in a state where they are absolutely not willing to commit to any timeframes about any applications. This is supported by the vague information that they have put up on the website wherein, they are indicating that they received 2.5 million applications (for all services) in July and August as compared to 1.2 million last year and that they plan to hire an additional 1500 employees to share the workload...
So in a nutshell, I wouldn't worry about your not receiving the FP notice. I am willing to bet, that for some reason all the dependants 485 applications were sent to NSC while the prime applicants are still being held at the CSC and it appears we are in the same, leaking, sinking boat!!
Hello I opened 2 SRs 4 weeks ago. Yesterday I got two notices from USCIS.
My wife got finger printing notice but my notice says that "USCIS will notify me of biometrics when the appointment is available". Its so weird. I'm the prime applicant. Anybody any ideas? My lawyer said wait for 1 month. I spoke to USCIS customer service and they said wait for next month and open another SR.
My case was filed at NSC , then went to CSC and then transferred to NSC.
Anybody any ideas? Have they heard of cases where dependants are getting FP while Primary is waiting.
divs09
06-19 12:55 AM
Hello All,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
I am contacting you regarding an Inquiry of
" H1B Approved without I-94 and to appeal for I-290B.
I applied for H1B Visa on Dec 23rd 2008 or change of status from H4 to H1B, H4 is Valid till Aug 06, 2009.
Please note that i was already on h1b from Oct 01st 2004 till Sep 30th , 2007, then again i applied for H4 on Dec 27th 2006 till AUG 06TH 09 2009..
So i don't fall under New H1 Quota, i.e H1CAP
keeping this in mind and only after filing, i received the receipt number on Dec 23rd 2008,and started working immediately from then onwards.
On May 01st, 2009 there was a query to my company and also on me whether i am maintaining valid non immigrant H1B classification.
On May 21st 2009, i received a letter from USCIS
saying that a response was received in which it included two pay statements for period of Jan 2009 and Feb 2009, they mentioned that the beneficiary was not eligible to work at this time and appears to have been working in United States without permission.
Change of status is denied, how ever your petition is Approved and go to Chennai for processing.Or submit a Motion to Reopen (Form I-290B ).\
Please advice me what should i do.
If i submit Form 1-290B, what are the grounds that i have to justify as it is clearly mentioned that i was not eligible to work at this time, but i am assuming that once you apply for H1 you can start working , then why in my case they have mentioned as illegal.
Second query is after applying for I-290B, can i continue to work or should i stop working until i get the update from USCIS regarding COS.
Third Query is should i apply for a new H1 and continue working.
Please advice me on this issue.
Hoping to hear from you Soon.
Thanks a lot for your help,
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wahwah
01-09 11:44 PM
i assume you're using cross-chargeability of your husband's country of birth.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
if that is the case, swiss eb2 had current pd, so you should get your gc in 6-9months.EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.
Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.
more...
amitga
03-21 10:38 AM
Please see my answers below.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
I'm on H4. I have got an offer from a company and they will do my H1
I have few questions
1)How easy it is to transfer H1's to another company? What documents I need?
The process of trasfer is same as applying new H1. Only thing you need paystubs from the existing employer to trasfer H1.
2)Is it possible to convert back to h4? I have 2 kids so I might have to convert back to H4 from h1 if I cannot take the stress.
what documents do I need?Do I need to go out of US for this?
H1 to H4 trasfer is also possible, but again pay stubs are required.
3)Once back on H4, and in future If I want to get back on h1, Am I subject to cap?
Yes you will be subject to cap.
aachoo
10-13 03:09 AM
This is a vaccine for a disease that is not communicable. Look at all the other things they ask you to check- TB, HIV etc.
Suddenly USCIS is so concerned about our health, they need us to take vaccines for some almost experimental drug to avoid one type of cancer.
What next? We are mandated 30 minutes aerobic exercise a day?
Suddenly USCIS is so concerned about our health, they need us to take vaccines for some almost experimental drug to avoid one type of cancer.
What next? We are mandated 30 minutes aerobic exercise a day?
more...
hopelessGC
08-18 10:19 AM
This is actually a very important matter for you; my best advise would be to contact a good attorney and get the advise. You do not want to put your GC in jeopardy based on opinion from other people who may have incomplete information.
Just my opinion.
Good Luck.
I second that.
Just my opinion.
Good Luck.
I second that.
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dsneyog
01-15 09:36 AM
Now I feel like they are just holding mine. LOL. Good to know.
My application received: Dec 2
Check cashes: Dec 7
Status: Initial Review
Expedite Request file: Jan 14th
I paper filed AP at TSC on Dec 14 ( Renewal)
Check cashed on Dec 16
Ap received on Jan 9
Total : 3 weeks
Paper filing works better for AP at TSC.
( I had a bad experience when I E-filed at TSC last time.)
My application received: Dec 2
Check cashes: Dec 7
Status: Initial Review
Expedite Request file: Jan 14th
I paper filed AP at TSC on Dec 14 ( Renewal)
Check cashed on Dec 16
Ap received on Jan 9
Total : 3 weeks
Paper filing works better for AP at TSC.
( I had a bad experience when I E-filed at TSC last time.)
more...
mgmanoj
08-20 06:19 PM
Whats the process to do stamping in canada ? My visa has expired since Jan' 2008 - is it same like India ? Do we still get stuck with PMIS or is it okay to go on I-94 and keep the same to re-entry if any issues ?
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enqueued
06-21 06:00 PM
Ask her to talk to her attorney. That is the right thing to do.
more...
qplearn
09-30 05:38 PM
You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.
I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.
Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.
I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.
Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.
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xyz2005
08-06 04:53 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
Heartiest congrats
Your wife is not out of status...you have applied and her official status is 485 applied and status pending. Keep her FedEx receipt handy till you get her official receipt. Dont worry its just 6 days past when you sent her application and there is a huge rush. You will get it soon and check would be encashed soon as well. My experience it takes time to get cash encashment particularly when there is a huge rush.
Take care and accept our heartiest congrats once again.
Best Regards,
more...
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sekhar123
04-26 11:59 AM
Guys, I did the same mistake. I called the customer service and she told me to post the requested change. I did sent my supporting documents, now I did resend another letter asking to correct.
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go_guy123
09-13 02:33 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
You can always fight....so long u have cash to burn.
more...
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meridiani.planum
07-10 09:22 PM
inline...
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
Hi,
My friend has this scenario and want expert advise from IV members.
- On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
years in 3 months.
- Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
I485 (July fiasco)
- I140 still pending
Question:
1. Does L1 period is counted for H1 extention?
-- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.
2. Can he do H1 transfer using AC21 without I140 approval?
As 6 years are going to be expired?
yes, he will get a one year extension since his LC is atleast one yaer old.
3. What if the old employer revokes his I140 now? His GC process is invalid?
yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.
4. If we leave about GC, Can he do H1 transfer atleast?
yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
He will also need a copy of his labor certificate to be able to file a transfer+extension.
At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved
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realizeit
08-18 11:26 AM
Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.
In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.
So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.
So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.
Guys,
I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..
Description in Labor
Occupation Title in Labor - Comp. and Info. Systems Manager
Job Title - Information Technology Project Manager
Job Description in Labor:
Plan and direct information technology products and software application
development. Technical environment includes ERP/CRM: Oracle Applications, Web
Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
Visual Basic, CICS,Weblogic and Websphere.
New Job
New Job Title - Lead Application Integration Specialist
Job Description:
Plan and direct information technology products and software application
development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
Designer, Eclipse, Xml Spy
more...
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cakewalkr7
08-21 08:35 AM
Okay, so the viewbox doesn't work in silverlight? I'm trying to do this type of an animation in silverlight so do you know of another container that would work in the browser? Thanks.
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centrum
10-28 10:23 AM
Important Visa and Immigration Documents (http://www.upenn.edu/oip/iss/visa/documents.html)
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
Is the statement under passport true? I still shouldn't have any problem right?
Can someone answer this please?
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EndlessWait
06-03 07:31 AM
Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!
My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....
as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!
Raj12
04-30 11:45 AM
As far as I know, H4's are allowed to do 'voluntary non-paying work' in the US and are not allowed to compete for jobs in the US. In my opinion, if you are working for an indian company and getting paid in Indian currency without hurting the US job market, it should be OK. An excellent point was made earlier about home maintenance activities and baby care activities that are also part of broader terminology of 'work' and 'job'.
TimeSaver
07-13 06:10 PM
Seems like it could be new August visa bulletin. With some cutoffs. but applications sent already will not be rejected. They won't be worked upon but wont be rejected.
