trueguy
08-28 02:09 PM
Yes, I can profess a guess, but that does not account for the statement about "A formal decision determination of the October cut-off dates will not be possible until early September"
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
With all the labor certification being sold on or around June 2007, old labors started getting used up. These applications are probably trickling in during the course of the year, and may have seen a huge rush when they announced that they are going to make EB3 unavailable. Therefore, their earlier assumption that they can move forward was wrong. On the other hand, they probably totally messed up in counting the number of cases they already had on hand.
I dont agree to the continued "heavy demand" comment. What demand? Were they accepting applications when the queue was already closed for the year? If not, there is no case of "heavy demand", unless there was a bunch of applications around Dec02-Mar03 for China but as usual they used a 3 year old to count the number applications
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
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letstalklc
09-01 03:37 PM
Congratulations....There are cases that prior to your PD and waiting....you are really lucky....
hopelessGC
04-28 12:02 PM
I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html
I am posting information form this article that might interest the readers:
The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:
1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
2. Duplicate: the A number associated with the application has already been authorized; or
3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.
Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.
According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.
Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D
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rbashir
09-01 09:10 AM
guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
more...
dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
everonh1
07-22 12:32 PM
What is the basis for applying an interim EAD??
Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??
Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??
more...
whiteStallion
04-10 12:25 AM
All the best pal....welcome to the club !:rolleyes:
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
We had applied in Jan 09 to withdraw my PERM and it was updated this month. Just wanted to share this information with everyone.
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fatjoe
10-24 02:22 PM
I told yaaa. I am also hoping... I filed for EAD and AP on Aug 10. Guess, you should get it in a week. Congrats!!!
more...
immigrationSantosh
02-07 03:29 PM
Could you please advise how do I get the lawyer for this ? Do you know any in specific?
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B+ve
09-01 06:12 PM
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
more...
njboy
12-02 11:19 AM
what are our chances if the Dream Act does not pass? Dream is #7 on the list.
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
Ironically, if a stand alone Dream act without any visa recapture does not pass, our chances of getting a visa recapture added to a bill in 2011 are much greater. The reason is, AILA may start lobbying for our cause, so that they can generate revenues on the 485 filing fees. Most lawyers charge fees for permanent residency application piecemeal. 2K for perm, 1K for 140 (more if premium) etc etc. So we still have some lobbying power with them, considering the fact that they stand to gain atleast $1000 from each family.
The main consideration for lobbying is ofcourse, is there more fees to be charged by our filing for 485, or by keeping us on H1-B. You have to remember, us losing our H1-B status is like them killing a golden goose. No more H1B renewal payout every 3 years
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karthkc
05-14 04:46 PM
Thanks IV for your efforts on this. This is jsut personal, but I do find the timing too much of a coincidence. My thought would be related to the increase in filing fees aspect that will now net USCIS a goldmine in terms of huge filings.
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
Is there a timeline we can figure out that would allow for most filings to go through at the old fee structure?
That would net some savings for filers who have multiple dependents.
Just a thought.....
more...
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irock
07-20 01:44 PM
I applied I-140 in PP last week of June and got approved in 3 days. And got
email approval notice in three days.
But after one week only I got receipt and approval notice on the same day.
My lawyer refused to file with email approval notice. This is the reason I missed
to file my my 485 on June28th/29th.
email approval notice in three days.
But after one week only I got receipt and approval notice on the same day.
My lawyer refused to file with email approval notice. This is the reason I missed
to file my my 485 on June28th/29th.
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gc1024
07-17 04:53 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
The above has these two items.
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
E. AUGUST EMPLOYMENT-BASED VISA AVAILABILITY
All Employment-based preference categories are �Unavailable� for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume that the categories will remain unavailable until October, which is the beginning of the new fiscal year.
Is D applicable to those who filed earlier this month and E for those waiting to file?
more...
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panky72
06-05 09:31 PM
Hi,
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
I applied for H1b 6th yr extension on march 15th and I got approval notice on may 22nd. I also applied at CSC.
I Applied H1b 8th Year Extension on Jan 9th. Still waiting Anybody has this kind of situation? my Case number Starts with WAC
I Applied my H1b extn on Jan 9th , and i went to India on 18th Jan and came back on 18th Feb using my AP is this could be cause for the delay.
Please share your experiences and ideas
Thank You,
Raj.
I applied for H1b 6th yr extension on march 15th and I got approval notice on may 22nd. I also applied at CSC.
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dc2007
07-25 12:06 PM
Thanks a lot for the help and useful information.
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
I can get all letters (of employment etc) from my employer. That is not an issue.
But do I need any other docuuments for I-140/labor etc., other than I-140 receipt number ?
more...
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dc2007
07-25 10:55 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
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h12gc
04-29 02:34 AM
Could any one please answer my questions about my RFE on I 485?
Thanks
h12gc
Thanks
h12gc
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s_r_e_e
08-05 04:59 PM
Apply EB2 if you can.
Hong12
02-06 01:49 PM
Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
sc3
08-28 02:46 PM
That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.
Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.
Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.
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