arihant
04-12 05:00 PM
I whole heartedly agree that labor substitution elimination makes sense. However, the 45 day proposal built into this rule can be disasterous. I just posted my experience with the 45 day letter from BEC in another thread.
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
Basically, BEC sent the 45 day letter on March 7th, and my lawyer received it on March 14th. However, it was not brought to the attention of my HR until Apr 10th. A delay of almost a month. When we only have a month and a half to deal with it, such a delay may be disasterous. Granted, that the fault lies entirely with my lawyer, but it just goes to prove that 45 days is too short for something so important! Any number of reasons can create a delay of a few weeks.
If they want to put a limit on it, why don't they set to it to a more reasonable period such as 6 months, or a year. It will be really bad if, after waiting for years for Labor to clear, people are denied GC because they did not apply for the next step within 45 days!
jeny
08-06 03:41 AM
Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
Thanks,
Jayant
Yes Jayant it is Consular Process. Today i send a mail to them, hope they will replay.
Thanks
tnite
09-30 02:21 PM
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
The RFE was for my I20's and OPT EAD card and Marriage certificate.
greencard_fever
08-04 04:38 PM
call USCIS and ask them about the problem. If you get a good IO, they will open a ticket to consolidate. Try until, you get someone who sounds knowledgeable. Then take a infopass at your local office after a week to see if that helps any. I did that and took a infopass for this friday to check at local office. My PD is nov 2004. I will keep you posted.
Thank you for the update and can you provide me the details how to take the infoPass.
Thank you for the update and can you provide me the details how to take the infoPass.
more...
Rajeev
11-26 02:54 PM
Thanks - amits, iamgsprabhu, kartikiran, MunnaBhai, Rajeev, srinivas_o, SubaM99 - for your pledge of support. I also request you guys to post the contribution you plan to make ( except amits who has pleadge a contribution of $100 through PM to me).
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
Others, please come forward to pledge your support. Please post the amount of monetary contribution you intend to make for the rally, and then vote 'Yes' on the poll.
I will contribute $100. I am also planning to attend the rally.
akred
06-01 02:41 AM
The White House has put up a fact sheet. Reason I came across it is because Google groups it together with our press releases when returning results. This fact sheet states twice that the bill will eliminate existing EB backlogs. Do they know something we don't?
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
http://www.whitehouse.gov/news/releases/2007/05/20070531-19.html
3. The Bill Will Eliminate The Current Application Backlog For Employment-Based Visas And Make 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Visas Available Today.
Once The Backlogs Of Employment-Based Applicants And Family-Based Applicants Are Cleared, There Will Be 380,000 Green Cards Available Under The Merit-Based System - Up From 140,000 Employment-Based Green Cards Today. The bill makes 247,000 green cards immediately available under the merit-based system each year for the first five years after enactment.
Also, check out the sample points assignments at the end of the fact sheet.
more...
gjoe
10-05 12:04 PM
Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
I think bad managment affecting your life is a good reason for sueing for damage
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
I think bad managment affecting your life is a good reason for sueing for damage
sr123
11-21 09:10 AM
Semt email.
more...
axp817
02-03 01:49 PM
Documentation informing the USCIS of your having utilized AC21 benefits isn't necessary, but is a proactive measure usually taken to have a clean slate on the applicant's part.
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
It is true that in a majority of the cases the AC21 documentation might never reach the applican't 485 file, but in an unforeseen circumstance such as the denial of one's 485 based on 140 revocation (which, as we know isn't very uncommon) and matters reaching an immigration court, proof that one had taken proactive steps and gone out of one's way to inform the USCIS might make one's case stronger and thus make it easier to have the case reopened.
I was fortunate enough to not have to make that decision -whether to send AC21 documentation or not, the attorneys (Fragomen) representing the new employer recommended sending it making it easy for me.
Just my 2 cents,
lkapildev
11-13 04:21 PM
You may be lucky You can have a GC without I-140 approval. True. Your GC status is subject to I-140 Approval
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
You may be unlucky, USCIS might have returned your application or there is some RFE etc.
Just prey
more...
ujjvalkoul
01-17 05:21 PM
huh!!! no responses...Am I the only one with this issue????
ita
11-20 04:50 PM
My AP was approved for multiple trips. So I can use the 2 stamped AP as many times as I want. The officer told me that when I use the APs for my next trip then they are going stamp the same APs again. And that I will not need to submit anything on my next trip. It would be advisable to keep some photocopies of the AP just in case they ask for a copy.
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
How do you know AP is approved for multiple entries?
I thought AP in general is for multiple entries.
Is there a way to tell from your approval notice it your AP was approved for multiple times?
Thank you.
more...
rb_248
09-10 03:25 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Online status got updated today. Snail mail is faster than email - happens only with USCIS. Anyways, my journey is over. Good luck to others.
India_USA
10-05 10:46 AM
my wife doesnt have EAD or H4. she has AP only which expires in mar 2011 and so does AP stamp on her i94.
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
she got license valid only till mar 2011.
less than 6 months for $48.
she sent an email to customer service and this is the reply she got
If you have a pending I-485 filed under derivative status of your husband you must be included in his I-140 petition. Is there some paperwork you filed to have you added under his I-140 after you married him? If not other option is to show that you have applied to extend your H4 status after march 2011 eg. I-539. You can get a driver license (if you have not already got one) till your current I94 is valid and then when you apply for an extension you can show the receipt notice and renew for a year or show us a valid EAD card.
i dont have my 140 app and i dont remember getting her name added in 140. and i dont have H1 so no H4 option. so the only option left for here is filing her EAD. cause i dont know if they will extend it on AP alone with expired I94.
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
more...
wellwishergc
06-13 03:33 PM
I agree with Raydhan!!
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
Forget the visa bulletin, GCs, etc for a month and enjoy your team crushing every other team for the next one month.
Go Brazil!!!:) Go Ronaldinho, Ronaldo, Roberto, Kaka!!!
camberiu,
Let's forget about the visa numbers. My P.D. is Jan'02 (EB3-India :( )and I am not expecting any movement significant movement for the next 4-6 months.
Atleast you can expect some good news in the World Cup on July 9th. Hope to see Cafu lift Brazil's 6th Cup.
You better log off and watch Brazil-Croatia in 10 minutes.
mps
04-21 02:25 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
Good luck to everyone.
Congratulations on getting your GC !!!
I need to ask you a question as I don't see on LUD after FP in 485. However LUD changed on my approved I-140.
Was there any LUD on I-140 case after your FP?
Regards
more...
rsrikant
08-09 08:59 AM
i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.
Is he correct? Will there be no problem with my application?
nareshg
10-05 01:11 AM
Hi,
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..
I have to ask them again as to what is happening, have not heard back from them....
my current status as of 10/4/2007 says...
Current Status: We mailed you a notice requesting additional evidence.
On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....
what is your online status after RFE. Does online status change to "RFE" from "Received and pending" once we get RFE. My employer dont tell me much about my I140 status or RFE but I have receipt number. I can check online
Thanks.
When I spoke to my lawyer 2 weeks back or so they said that it at times takes 1 month to get the RFE by mail....sounds strange I got my EAD a week or so after the status changes online....to approved..
I have to ask them again as to what is happening, have not heard back from them....
my current status as of 10/4/2007 says...
Current Status: We mailed you a notice requesting additional evidence.
On August 29, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Hoping that as it is 140 it is something to do with the company and the lawyers will take care of it, hopefully it is not to do something with my case individually....
gc_dedo
01-27 03:34 PM
Sorry for the stupid question.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
Is it necessary to inform CIS about job change using AC21?
Few of my friends havent informed.
neverbefore
06-30 02:05 AM
I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
Additionally what is worrying me is that they are vague on what documents they want.
They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.
Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".
Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.
And just chillax! You have done everything right, so why should anything adverse happen.
What will happen: Oath->Demand for driver's license->Demand for passport
Medical does not expire once filed
Officer will review the file along with us
We need to post a sticky note on file saying we are a family of 3 so we are seen together
Docs:
Appointment notice demands
Paystubs
Employment verification letter from employers
Mortgage papers
Education transcripts and degree
Tax returns
Marriage certificate
Birth certificates
Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously
They might give us an I-792, send a copy to attorney. Always get the officer's name!
A copy of July 2007 visa bulletin
Arrival/departure record to/from US
Pictures (passport) and marriage and family
Driver's licenses
H4 and H1B Notices of Action
vineet
01-17 07:32 PM
Heard about a similar issue with the EAD for a colleague at work today. Will let you know what the company lawyers recommend him to do....
-Viny
-Viny
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