Kama Of Kingstone

Hi, I got two "receipts":

Number 1: received date: July 2nd and notice date: September 4. Receipt number: WAC-XXXXXX, It was sent from CSC

Number 2: this is a "transfer notice" with Receipt Date Aug 31 and Notice date September 7th. It said that my case had been transferred to NSC because I reside in the NSC jurisdiction. Please note that I sent my application to NSC to begin with...
Strangely, the transfer notice was also sent from an envelpe with CA stamping.

So I called yesterday and asked why the case was transferred back and forth and whether the delay in between affect my sequence in the processing time.

Answer: 1.Why did it get transferred? Because NSC center is overwhelmed and need help from CA center. Then CA center was overwhelmed so the case has to go back to NSC.

2. Does the delay affect my sequence in the processing time?
NO, the "Received Date" of July 2nd is recognized.


My thoughts: You can call and verify the information. My first call got to a woman who did not know what she is talking about.:mad: I had to call the second time. Please share your info if you had called or will call. USCIS is unreliable and random. We need to verify a couple times and see whether the answers are consistent--this has been my strategy dealing with them.

Thank you very much.

Wonderlust



Based on my receipt numbers and looking up on USCIS website, it appears my AOS application that was sent to NSC has been sent to California Center. I have not seen anybody's case being sent to CSC. Dunno how good or bad it is and whether it sppeds up/delays my EAD processing. Anybody had experience with CSC and got any of EAD/AP/GC approved from CSC.

Thank you! The reporter interviewed me for this story and I didn't even know it was published.

ABC News:

http://www.abcnews.go.com/Business/story?id=3526093&page=1

My wife travelled to India via Munich (Lufthansa) in Feb end and she had no issues with transit visa. She was never asked about it. The I-94 had expired and we have a valid AP and approved H1 (unstamped). She has not returned yet, so any requirement on return journey is untested.

I was nervous before she left and was wondering if I need a transit visa for her. Thanks everyone who posted their experiences.

Second Old_hat.

Whatever you say man. i am with you. your are a genius.

MC

Only One Genius can recognise the Other :-):):D

Agree with you Tony - there are so many members of this forum - I find it hard to believe that everyone's budget is so tight, that they cannot afford to divert $25 per-month to a cause that is going to help them directly.
I would rather NOT believe that most people here are with a free-loader mentality - waiting for others to fund and drive the momentum, while they just keep yapping about their problems and concerns about the situation, laws, regulations, illegals, employers etc. etc.

Yes but empirical evidence points to the contrary - About 100 something donors out of 45000
Some persons have trust issues with sending money to IV.
Guys Immigration voice is a non-profit, and as core group mentioned in their video, people can be arrested for misusing funds. The annual reports for previous years are available.
Immigration Voice funds disclosure on Yahoo! Video (http://video.yahoo.com/watch/234998/1863489)

In my opinion people are missing the big picture of that if everyone contributed, there could be significant momentum that could be created - a $25 per-month contribution could lead to a $500K monthly lobbying fund - which is a non-trivial amount to drive our agenda.

Yes people need to learn that we are small in number and need everyone to support each others cause. Even 5 bucks a month from everyone is enough to achieve the dream - average lunch money. Sometimes I'm surprised we're dealing with high skilled immigrants here.
While almost everyone has been in a situation of spending hundreds of dollars in immigration fees. I paid $1000 6 months back for premium processing.
Some people have experienced old corruption in Indian politics and think things are the same here. I assure you its not.
So whats the next excuse going to be now? laziness or boredom?

I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.

The RFE reads as follows.

---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------

This is my history.

I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

enggr... First Welcome IV!!! The great place to meet like minded people.

If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.

Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.

In any case, You need to respond to RFE with a good business case. and go for the next step.

Good luck buddy.

To my knowledge, bench non-pay violates H1B rules. If you are on H1B you are required to draw a salary every month.

I do not know if bench non-pay violates AOS pending status.

Hello Gurus,


This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

Please help me.

Sorry for asking you so many questions. I am just trying to figure out if there is any pattern on NSC-CSC-NSC FP appointments.

Did you get a notice from CSC saying they are transferring your I-485 to NSC? If so, when was it?

NO, I haven't received transfer notice from CSC either.

A Google search on Yates memo returned this link http://www.shusterman.com/pdf/ac21-51205.pdf.

I was particularly interested in wage difference issue, and above memo (Section I, Question 5) is vague in this regard. It states something like "Substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is same or similar". It is not clearly defined what is "substantial discrepancy". But if you take a look at Murthy's website at http://www.murthy.com/news/n_yatmay.html, it conveys that wage difference is usually not an issue.

USCIS TEXAS SERVICE CENTER
RE: AC21 UNIT � CHANGE OF EMPLOYER
4141 N. ST. AUGUSTINE RD.
DALLAS, TX 75227

RE: AC21 USAGE FOR CHANGE OF EMPLOYMENT (I-140
APPROVED, I-485 PENDING MORE THAN 180 DAYS, SAME/SIMILAR JOB
TITLE/DUTIES)
Name: xxxxxxxxxxxxxxx
A#:
Labor Certification #:
I-140 Receipt #:
I-485 Receipt #:
DOB:
Spouse:
A#:
DOB:

Dear Sir/Madam
In regards to this request to utilize �The American
Competitiveness in the Twenty-First Century Act of 2000 (AC21)� which allows for a change of employer on any approved I-140 and I-485 Adjustment of Status Application that has been pending for 180 days or more, without the need to file a new I-140 petition.
(Attached for your reference are relevant portions of AC21.)

The memo lists two preconditions for eligibility to change jobs- I485 is pending
UN adjudicated for 180 days or more and the new job is in the similar occupational classification as the job for which the certification was initially made in section 106(c).
In the present case, my client has had an H-1B transfer filed for him, and is utilizing
AC21 provisions for a new job with the same title and duties as the former. Please find attached a letter from the current employer regarding the job title, duties and salary. I therefore respectfully request that your office should adjudicate my client�s I-485 accordingly under AC21 provisions. Should you have any further questions, please do not hesitate to contact me.

I have attached the following requisite documentation including:
Attach all the copies (Receipts - I-129, I-140, I-485, I-765, I-131) that you have
Employment offer letters, EAD copies, Labor Certification Approval copy (first page)
All other documents that you can support for AC21

Please do not hesitate to contact me should you require any additional documentation.
Regards,
Xxxxxxxxxxxx

yeah, i wish they had responded when the dates were current. :rolleyes:
After waiting for a long time my date becomes current, but then i find out that i am stuck in namecheck for the past 3 years. Now they will fix namecheck and i will wait till the PD becomes current again :p

Hi All FP seekers! I do not know what exactly I am missing if there is a delay in FP. It looks like hundreds of IV members are too much worried because of the 'delay' in FP. Let me worry too (by knowing the big problem!). Can any worriers explain??
On the other hand is it not better to have a late FP, so that you need not go again in the next 15 months! Anyway for most people GC is going to take years!

It's the uncertainty of the entire process that kills us...Have seen couple of users whose cases have been erroneoulsy denied since they did not went for their biometrics. Guess what, these users never received any FP notice from USCIS. I tend to partially agree with you; if the PD is no where close to being current, why worry about FP now - it's their responsibility to get us finger printed. But on the other hand, I do not want my case to be erroneously denied because of an error in their processing...

This is just my personal opinion. I am not loosing my sleep over this any more.

I am ready to join other guys to meet local congressmen and senators in Columbus, OH. Pl. let me know if you need any help/ coordination.

Another news making. Advice to all of Youngster Indians and Indians here by the India's outsourcing chop shop IT messihah Infosys Chief.

Don't look at IT industry as means to settle abroad: Narayana Murthy - The Economic Times (http://economictimes.indiatimes.com/tech/ites/Dont-look-at-IT-industry-as-means-to-settle-abroad-Murthy/articleshow/6815589.cms)

Was it aired today?

I have been on H4 since 2000. I once got an H1-B in the year 01, but did not get to work. Meanwhile my H4 got extended till now.

With the recent changes of de-coupling H1 & H4.......

My question is can I use the previous H1-B issued in 01 and apply for COS without any cap restrictions ? And can this be used by a new Employer ?

Appreciate any responses on this. Thanks

You would need employee letter as well. The employee letter will state that the position is still open and they are willing the pay the amount that was initially agreed to while filing for labor.....so pay stub is not enough.....

desi3933 and WillIBLucky:

My lawyer as well as my wife's lawyer confirmed that an employment letter is not required if using pay stubs. Several posters on this forum have gotten the same information from their lawyers. Anyway, let's not get into a debate on who's correct or incorrect.

It's a different thing to have the employment letter to make the case stronger (probably), but you will definitely not get a RFE for using the pay stubs. And in "sats123"'s case, this is a less expensive and reliable option.

Of course, one could argue it's worth paying $5000 if it ensures a smooth adjucation, but then that would depend on the financial situation of the applicant. I cannot comment on that for "sats123".

Having written all this, please check with your own lawyers and do what they advise.

Thanks,
Jayant

Alterego,

It may be right. Knowing the Indian government well, they would be the first ones interested in keeping as many people as they could on H visa, so that they would have transferable income to India. India would have even less reasons in any immigration reform for US permanent residency, as that could make us settle here and say bye, bye to India government and their cash cow.

Alterego, one more time you are right.

Tito

Yeah I get that the money will be transferred from the Social security system here to the Indian Govt system.
My point is it does not do a damn thing for us workers personally. That money will dissapear into a dark hole in the Indian Gov't coffers instead of a dark hole here, further as the rules stand, I have a slim chance of getting the money from here through social security payments when I turn 65 even if I am in India. Try that within the money in Indian gov't hands.
On the other hand, it makes the Indian gov't allign with corporate america, as they all have a vested interest in a Temp. worker program such as H1b absent green cards. Which will be a win win for all concerned except us.
So I repeat my question..................Why is this good again?

^^^^^^^^^

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God, within one month they processed only 9 days applications, mine is sep 20 and i dont know when my number will come. Damn, they can process 25k applications in 2 days but they cant process 9 days I-140 apps in one month. so frustrating, my h1 will expire on sep 29th 2007:mad:

September 14, 2006