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Written By muthmmuuuaaanniish on Monday, June 27, 2011 | 1:32 AM

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  • pd_recapturing
    09-27 12:15 PM
    My application reached NSC (as per FedEx tracking) on July 24.

    My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.

    My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.

    USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.

    My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o

    what could be the reason??? This is killing me.
    Hey, Do not worry !! this is one of the most inconsistant processes , I have seen since long time. Just sit back and relax, it will come through. In my case, I applied on 24th July and got the case # from USCIS by calling them but check are still not cashed.





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  • anilsal
    07-30 06:36 AM
    W2s to indicate annual salaries in the last 1-3 years such that they know that you made at least as much as the labor application said.





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  • bobzibub
    09-25 10:57 AM
    I dunno about you, but really I don't think we should pay any fees until we get some sort of product to show for it. I don't pay for a hair cut that might happen in ten years. Why should I pay for a green card that might happen in ten years?





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  • gc_chahiye
    10-05 04:12 PM
    How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?


    getting rejected in EB2 does not impact your case for EB3 (they might look up that older file and see that it was rejected because of education qualification for EB2, but does qualify for EB3).
    You will probably get an RFE at I-140 time. USCIS will either reject this case, in which case you will lose this complete GC process and need to restart from scratch (so you'll lose maybe 1 years worth of place in the queue). Or they might ask you to accept this in EB3, in which case you dont lose your LC and the PD that goes with it.



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  • Raju
    06-10 07:35 PM
    My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.

    I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)

    You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension





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  • senthil1
    12-06 11:42 PM
    I think Eb2 is much better. Retrogression is hardly more than 3 years and moves fast sometimes. Best thing is get a preapproved labor if available in your company



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  • seahawks
    08-09 09:24 AM
    Hello,

    I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.

    I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.

    Thanks!

    unfortunately I missed the bus, we send all document May 29th and it reached USCIS CA on 30th, my pd was current for June bulletin and was approved 1 year extensions. I should have waited until Aug to file extensions, this is my 4th H1/H4 extension:( in 4 years.





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  • andycool
    06-10 07:46 AM
    Hello All,

    I was reading at some of the posts in this forum and they seem to have been quiet helpful.

    My company has decided to go ahead with my GC process.
    Its in the very early stage, but my immigration specialist gave me a heads up regarding something.

    She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
    Following this USCIS will make a decision whether to grant EB2 or EB3 category.

    I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?

    To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.

    Please Advice.

    Thanks,
    Shakti

    The below are the links from 3 different state Govt Admission Requirements for engineering which clearly mention about

    Lateral Entry guys do little research ...you can fine such documents for all states in India
    Google it and you will find such documents for every university .....


    http://techeduhry.nic.in/brochures-0...hure-BE-09.pdf

    http://www.vyapam.nic.in/Rulebooks/R..._RULE_BOOK.pdf

    http://www.annauniv.edu/academic/be_...1_20.01.05.pdf

    http://vtu.ac.in/regulation/05.B.E.-B.Tech.pdf

    Thanks
    Mail me your contact no.



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  • frostrated
    09-14 04:23 PM
    frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.

    Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
    In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
    If you have no option for getting a visa, then I would not travel without the travel doc.





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  • rdehar
    11-27 01:40 PM
    How does it work? It doesn't work anymore :D

    Labor substitution is dead.

    Beware of anyone scamming you in name of labor sub...



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  • aristotle
    02-08 12:46 PM
    You can say to your current employer that you want to try out something new, but if it doesn't work out you want to have the option of coming back.

    If they like you enough, they will consider it. How long to leave it active is another question. Lets say you were able to port the PD to your new I140. If the old employer then revokes the I140, are you still ok with the old PD?





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  • BharatPremi
    10-10 12:10 PM
    Q: �You are a citizen of India. You came in USA on H1B visa in year 2000.
    Your employer filed your Green Card under EB3 � NON RIR category. Down
    the road your company filed the Green Card for your Pakistani colleague
    in year 2005 and in year 2006 November you came to know that your
    Pakistani colleague became permanent resident as his GC application
    approved. Upon hearing this news you get frustrated. What do you think
    why your Green card is not yet approved? What could be the reasons
    behind this long delay?

    A: Sorry to hear that your ancestors did not migrate to Pakistan in 1947. :)
    For that mistake what your ancestors did,USCIS is making you to pay the
    price for that as now you have decided to become permanent resident of
    USA.

    O.K. Humor asides.

    First reason:

    It could be discriminatory country based limit - USCIS has implemented country based quota for India, Philippines, Mexico and China and each of this country has cap 7 % of total EB based applications
    (Recommended top limit is 140000 visa applications worldwide).

    Second reason:

    In my opinion it could be as reported by various media that during first quarter of 2001 lot of unfair/ghost/bogus filing was done by many people under EB3and EB2 categories to take the advantage of AC21 law and so USCIS tightened the screws on processing method and make it a slow bleed strategy.

    Third reason:

    Somehow EB3 India category has to face heaviest retrogression historically from year 2001 to 2003 end and from start of 2005 with comparison to other EB categories for labor approval as well as for visa number allotment process.

    Fourth reason:

    USCIS's decision to convert existing labor process administration (which was of two fold: state level approval and region level approval) into centralized administration by creating backlog centers on the name of streamlining and faster conclusions. This decision could easily introduce at least average 6 to 7 months of delay and more sluggishness.

    Fifth reason:

    Pakistan being a part of "Rest of the world" your colleague did not have to face severe retrogressions as rest of the world category did not face the typical severe retrogressions like what EB3 China-India-Mexico had to face and as it is there are less applicants from rest of the world with comparison to China and India for EB categories, your colleague did not have to face lot of competetion and wait within his category.



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  • lord_labaku
    12-16 02:47 PM
    My W-2 and pay stubs do not show that my company has been paying me what was stated in LS.

    If your company is not paying what is stated in LS - isnt that fraud?





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  • bfadlia
    02-13 05:27 PM
    You need to say "MY priority date is current in March"
    The current thread title had me thinking there was another July fiasco..

    Thanks.


    Folks,

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.

    Thanks



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  • binadh
    07-09 02:24 PM
    OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

    Don't let your emotions cloud your judgment.





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  • espoir
    07-27 04:06 PM
    The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.

    In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.

    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.



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  • BPforGC
    05-11 01:51 PM
    This guy has no clue on anything...

    He says he gets back after talking to the 'subject experts'....

    A senator clearly asked him what to do on backlogs. If he has an iota of knowledge and real interest in immigration, he should have told to increase visa numbers, eliminate country limit and recapture legislation. All he said was he will get back to them and this opportunity has gone into thin air....

    So, this statement clearly epitomizes why USCIS is an inefficient and hopeless agency. They talk too much, think less and do nothing.

    Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.

    Out of 10+ members of Judiciary committee, only two to three really care about an agency that is trying to work on legal immigration and present for this hearing. Talk about illegal immigration, every one will start running out of their beds with their pants down to get attention... this is really disconcerting.

    The whole hearing is a time waste for everyone. It did not achieve anything except patting each others back. Disgusting...





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  • rajenk
    08-19 04:25 PM
    All,

    To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!

    When USCIS will come out of this confused messy Spaghetti handling!!!

    Thanks
    Raj





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  • need4gc
    08-15 01:50 PM
    Congrats.Can you share who signed your packet and what time it reached NSC? I am just curious whether i will have any luck..to get the RN in next couple of days.
    It was signed by R William at 9:30 AM on 07/03/2007.





    amsgc
    06-16 01:22 AM
    http://www.murthy.com/chatlogs/ch051407_P.html


    Chat User : My husband is on H1B and is about to file for his I-485.
    I am currently on an F-1 visa. Do I have to convert to H-4 to file for I-485
    with my husband, or can I file while being on F-1? Please advise.

    Attorney Murthy : A person can file the I-485 while still in F-1 status, but unlike the H1B/H-4 or L-1/L-2 which are dual intent, the F-1 is a pure nonimmigrant status. This means that, upon the I-485 filing, one is no longer considered to be in F-1 status, but converts to an adjustment applicant, eligible for the EAD and AP, etc.





    shankar_thanu
    08-05 12:47 PM
    RD: July 2nd
    PD: Oct 2005
    ND: Aug 24 2008
    EB2 I

    Someone in another thread posted saying TSC IO said they are processing by ND...



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