Kama Of Kingstone

This just confirms the pathetic state of concern and sincerity USCIS associates to people awaiting these updates. Guess nobody bothered to even review this report before making it public. Oh, it was reviewed but in the same manner our applications are adjudicated. Go figure!

C mon, man give them a break. Lets try to solve the bigger problem by doing what we have to do. Lets activate participate in the DC rally on 13th Sept

...I like the attitude :)

i presume USCIS means 'assuming visa dates are available for everyone' it will take them 3 years to process the current backlog..
so dream on..

It actually depends what nationality you are, since that CAN mean a huge amount of difference with the speed of getting your greencard through EB3 or EB2.

I'm in a similar situation, and could apply in the EB2 category, if I decided to change my job, however, I do have a good deal of company loyalty so I am reluctant to do that.

If I did that, my EB2 category is current, my EB3 category is retrogressed - but I value my job and quality of life at my current company higher than the risk of moving to another job JUST to get a greencard quicker

You should eligible for Eb2 by default because of your education unless your current job does not need one..

It is nothing to do with the individuals education level, a person with a PhD would qualify for an EB3 only, if that was what the job description stated

I was alarmed to read the title and thought that it might render ac21 useless. But it's all about the merits of the original I-140 which would be the case irrespective of use of ac21.

I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
[/I]

THanks for your reply.

I fall under 3rd employment based category that got stuck May 01, 2005.
http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.

Both are wrong answers .. no one is an alien .. we are all human beings :D

Just kidding ..

But on a serious note I think we fall under non-resident alien.

It still says Aug 15th. I don't think they will release it yet.

I can see it. Refresh your browser

Thanks inskrish for the news.

Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???

the first H1 stamping for me and 2 h4 for family members. Wife got it at Chennai, last Sep.

factory man:

if u r taking a pleasure trip/vacation/etc to canada..i dont think it matters. my situation is kinda unique because i had got my h1b stamped in toronto.

There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.


Yeah I understand the (convoluted!) concept of processing date....And in fact, that definition does not even hold good due to the retrogressions we have been seeing in Processing dates as well which should not be happening as per definition.

Anyway, I would have expected either a July 2 or July 17th... (skipping the zone in between). A July 11th indicates that they are currently processing some cases with that RD and everything else before that has been atleast 'touched'.

But as I mentioned in my post, there may be cases filed during that 'dead zone' as well.

Make sure you post all the required document 5 "working days" - If appointment is on monday then your papers should reach by Sat of previous week....

Appointment on 29th June means your papers should reach latest by 19th [4 days is for weekend and one day is overlap].....

I had a bad experience when I went for interview at Mumbai consulate - When I reached the office they told me my appointment has been cancelled reason - document did not reach as per the expected time....I had to spend 10 days to get the next appointment...It was not a problem for me as I am from Mumbai...

Make sure you reach atleast 2 hours before your appointment time. local hawaldars make a mess of people standing in queue...

- Deepak

CIS should not have asked for an Affidavit of Support, but the other documents are normal. It is not unheard of for employment-based I-485 applicants to be interviewed, but usually they are not called if the priority date is not current. CIS might have confused your case with a family matter. However, you should attend the interview, and send all documents they request except the I-864. You can explain that an Aff. of Support should not be required in an EB case.

Hi,
How many EB3 cases with PD before Dec 01 pending.
My PD is Oct 21st, 01, EB3 (India)

485 Filed in Jun'07, No LUD's since Aug'07

there is a new medical form / procedure that went into effect May 1 ...but that is only for tests done after that date.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=25cd95fda9a99110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD

Better to wait for it and see what they are asking for

First thing is stop issuing student visa

last year around 700,000 student visas were issued , why issue move visas .....because international students pay 200% tuition ;) :D:eek:

thanks

The WAR ain't over YET.

Don't get carried away with these small victories, you will be stuck with EAD for the rest of your lives.

Don't forget the main goal, "Increase of the VISA numbers".

LoL. No wonder she got caught. She is not only a thief, she is also stupid.
:rolleyes:

Whenever people post for their friend mostly likely its their own story. Good observation indeed.

Thanks for the wishes, folks. I wish you all the very best too. Here are some answers:

You said you didn't get a chance to file for I 485 with company A , means you did transfer H1b. Did company A withdraw before you transfered H1b ? Did you do transfer with in initial 6 year of H1b ?

Actually, my first I-140 was approved after I left the company. For some strange reason, Company A didn't withdraw the application immediately, but waited until it got approved - they were probably hoping that I would go back to them, which I might still do. We parted on good terms.
Yes, I did transfer my H-1B and I was within my initial 6 year period.

Once your I-140 is approved and even if the employer files to revoke the I-140 it will not affect your status. It is at the discretion of the USCIS to revoke the approved I-140. USCIS will revoke the approved I-140 if it detects that it was fraudulently obtained.

Now to answer your question : Even if company A files to revoke I-140 before the individual files for H1 transfer, it does not make a difference to the individual.


In my case, I know that company A filed to withdraw my I-140 for sure. This will be hard to believe, but it's true: both company A and company B use the same law firm, so my lawyer knew that company A had withdrawn my I-140. Yes, the approval is at USCIS's discretion, but this is a grey area - Yates memo says that the priority date can be retained as long as the application has not been revoked by USCIS due to fraud, but the law seems to be a bit ambiguous (I am not a lawyer though). This ends up making each of these cases unique. I am just happy that I didn't have to go through a lengthy MTR process...

Just to share my experience in Minnesota regarding the subject. My liscense was due for status check. I took my I-485 reciept notice to DMV, they made a copy and faxed it to St-Paul DMV. St-paul office did not said or replied any thing untill I got my new driver's liscense with the same status check date and then I recieved a letter saying I have two more days before I could submit the status evidence before I will loose my driving previliges.
Well I went back to the local DMV office, they gave a number for an employee at St-pual office, to whome I spoke and tried to convince her that this reciept notcie is a legal document and makes my presence legal in th US untill the decision about this case is finalized. she did not buy that untill she mentioned that I need to submit EAD card copy. Which then I did and she extended my driver's liscense to the date till my EAD was valid.
They will print the status check date only to the date untill EAD is valid or H1-B is valid. Oh by the way as an evidence they only except either I-797 for H1-B approval or EAD.
This is a little extra work for us to do to be able to drive while waiting for Green Card, on top of the work we have already done during the whole application process starting from H1-B all the way through I-485 application and even after that to apply for AP, EAD and H1-Bs at ongoing bases.

I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.

I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....

Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....

I got the follwing form web site...Has anyone heard of trying this path?
I have full support from employer to make teh case fit in the first "severe financial loss to company :)or "individual":(

USCIS Expedite Criteria
USCIS Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

Severe financial loss to company or individual
Extreme emergent situation
Humanitarian situation
Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
USCIS error
Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.