maddipati1
02-04 05:48 PM
i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
Got a letter 2 days back saying,
' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.
they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.
they also enclosed an bright orange letter for expedite proc and asked me to place on top.
the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
im guessing in the pile of apps, they couldnt fetch mine :-(
i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.
to top all this, yesterday there was soft LUD on my case and again another one today.
so i am guessing they located my application and started working on it.
i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.
while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.
chanduv23
04-18 10:40 PM
Folks here is the deal.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
A lot of people are getting denials and forced to apply for MOTIC. It could be various factors.
As USCIS is doing background processing on cases trying to preprocess cases even if priority dates are not current there seems to be cases where people are getting denials when RFEs are supposed to be sent.
Things that trigger a denial in a straightforward case
(1) July 2007 filers - those who filed in August 2007 (the filing was open till August 17th)
(2) Immigration medicals - if not included - USCIS sent a circular that people can apply without medicals and will be later requested via RFE
(3) AC21 - employer revoke 140
None of the above should trigger a denial but looks like they are triggering a denial.
It could be that there is pressure to reduce backlog as economy is not good and we all know that immigrants are scapegoats in such situations.
It could also be a training issue for new staff.
As they are trying tom speed up processing - all they might be doing is - look at the file - if something is missing or something is not right - immediately deny the case.
MTRs should resolve these cases but it is a waste of money and unnecessary tension.
ursosweet
02-06 09:35 AM
I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).
just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.
I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).
good luck.
just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.
I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).
good luck.
Leo07
05-19 10:24 AM
bump^^^^^^^^^^^^^
more...
kshitijnt
06-03 06:47 PM
For how long AOS primary applicant can be job-less?
until you get an RFE on 485 or 180 days whichever is less.
until you get an RFE on 485 or 180 days whichever is less.
axp817
03-31 02:20 PM
On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.
In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).
So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.
Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.
Godspeed to all of us.
more...
paskal
07-14 03:50 PM
Unfortunately this is nothing but an extension of the current program which is set to expire again. There is an expanded Conrad Bill with several co spnsors waiting in the wings and efforts are continuing to find a vehicle for it. As always we are up against "CIR only' and "nothing goes" legislators from either party who command significant votes together despite their opposing stands on immigration.
The health care reform bill, if it sees light of day may be one such vehicle. In the meanwhile we need you to contact your legislators and inform them of the issues. Take copies of the bill and explain its benefits. This will be invaluable if the bill does come up.
The health care reform bill, if it sees light of day may be one such vehicle. In the meanwhile we need you to contact your legislators and inform them of the issues. Take copies of the bill and explain its benefits. This will be invaluable if the bill does come up.
GC08
08-21 07:34 PM
Looks like more chaos has come. Nowadays nothing is working properly. How can they allow a 4 month difference in processing I140 between the 2 centers? What happened in NSC? NSC must have won the imcompetence contest among all those agencies. :-)
more...
wait4ever
11-21 11:58 AM
Don't hide anonymously like a Turkey. Eat Turkey (Fight for your cause)
Happy Thanksgiving
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
Happy Thanksgiving
Bush just pardoned a Turkey - that Turkey could be a GC Holder very fast !!;) - I understand that it is headed to Baltimore - can the Balitmore chapter use it as a mascot ? !!!
roseball
10-26 04:01 PM
DREAM act just got shot in the heart but it's still alive. On September 22, 2010, Richard Durbin introduced the bill once again along with Richard Lugar.
I don't know what you mean by starting the GC process, you mean file I485?
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
I don't know what you mean by starting the GC process, you mean file I485?
As far as I know, your only options to get GC are:
-- DREAM ACT (which is not something you can control)
-- Marry a US Citizen (which obviously is something you can consider)
In the meantime, whatever you do, do not go out of the country.
more...
aj_jadeja
09-21 12:02 AM
Interesting..If I visit VFS in person when I'm in Chennai, How soon will I get the appointment. My visa expires in Feb'07 and I'm going to Chennai for 3 weeks in Nov. So If I don't get appt I can always try for the next trip..
As said they have seprate quota for 'Returning workers' . I have used it. I went to VFS on 23rd nov 2005 and got appt for 30th Nov 2005.
Hope this helps ,
aj
As said they have seprate quota for 'Returning workers' . I have used it. I went to VFS on 23rd nov 2005 and got appt for 30th Nov 2005.
Hope this helps ,
aj
kothuri
06-10 10:24 AM
My opinion is it is better to get a lawyer to file Nunc Pro tunc.
Read this article on the same. http://www.murthy.com/news/n_nunpro.html
It means if not then now or some thing like that. I guess it is a latin or greek..not sure though.
Read this article on the same. http://www.murthy.com/news/n_nunpro.html
It means if not then now or some thing like that. I guess it is a latin or greek..not sure though.
more...
Desertfox
12-12 07:03 PM
This is hilarious.....lmao
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Case received and file gathering dust waiting for visa number.
On MM DD, YYYY, we received this application and mailed you a document describing how we process it. But you do not need to bother. Our system is so screwed up that we did not know how many cases we had pending. We did not communicate with DOL and DOS properly; so we ended up causing the July Visa Bulletin fiasco, which actually screws up your case even more if you were not one of the lucky applicants to have actually obtained your GC. But your increased fees for EAD & AP renewals have afforded us new janitors, so we will try to keep your files dust free.
P.S : If you are an advanced degree holder born in India. Hahahaha.
h1techSlave
10-14 04:29 PM
This bill should be supported by all EB categories. 50,000 visas per year is significant.
more...
la_guy
07-28 05:01 PM
i too got LUD on the AP on 7/27. should be system upgrade. hope this helps.
alahiri
03-27 10:48 PM
With President himself lending support for immigration related reforms this is probably the best chance we will ever have to put the plights of legal immigrants waiting for a Greeen Card before the senate and the President. Is there any plan to pursue this with the Senate. I would like to request the Immigrationvoice esteemed members to please put some thought into this (if not allready considered) :
Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.
Thanks
AL
Automatically providing someone living here for 6 years with a Green Card is probably the most sensible and easiest way to decrease the backlog and increase the revnue earning for the INS. After all if someone has stayed here for 6 years legally, paid his taxes and have been law abiding - that should be enough for INS to grant PR status to the individual after some mandatory background checking.
Thanks
AL
more...
gcseeker2002
11-04 03:29 PM
Also thanks to the sleeping gowda(devegowda) family and congress party in karnataka for being so busy amassing massive amount of personal wealth and fighting with BJP that they gave up any interest to ask for the consulate in Bangalore.
anilsal
12-19 12:30 PM
Good to know that. Actually, I have never called his office! I am doing that right away...
Not from the bathtub. ;)
Post your experience with the call.
Not from the bathtub. ;)
Post your experience with the call.
glus
12-27 03:05 PM
Hello Helper!
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
thank you for reading my thread.
My wife entered the US on a tourist visa (B-2). She was accepted at a univeristy here in the US so she applied for a change of status (application I-539) from tourist visa (B-2) to student visa (F-1) on 30th October 2008. Her I-94 expires on January 3rd 2009 (in a few days time!) and we still have not heard anything from immigration about our case.
1. Should my wife stay here until we hear from US immigration or does my wife have to go back to her home country?
2. Will my wife be considered out-of-status if she stays here while waiting for any news from US immigration? What if her student visa gets denied?
3. What are the chances of the change-of-status being approved?
4. If her student visa gets denied, after how many days does my wife have to leave?
Thank you for all your help. Please do reply even if you do not know the answer to all questions. take care and good luck with all your immigration goals
1. She can stay here while the change of status is pending.
2. NO, she will NOT be considered out of status. Rather, she will be in period authorized by the attorney general
3. No one can answer this. If all paperwork submitted was legitimate, and there were no issues with her non-immigrant status, the petition should be approved and status changed to F-1.
4. They usually say she should leave as soon as possible.
Regards,
rockstart
07-14 08:02 AM
First of all its a law so you need to do it. Secondly its not very difficult a very small form on USCIS website to fill and add your pending cases to it. Will not take more than 5 minutes so just do it. There is nothing to lose by filling it.
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
Hi Everyone,
Is it really necessary to inform USCIS of change of address.
Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.
Will appreciate your views.
kprgroup
12-28 10:03 AM
Background OF Myself
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
----------------------
a) Worked for Company A from 2003 to 2008.
b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).
d) Employer A revoked 140 which triggered 485 denial in October 2008.
e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
f)Applied AP & EAD renewal ,got a EAD card September 2010
g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?
Question
I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)
1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?
2)Can I have any chance of explain USCIS, by this rule below?
��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:
"If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��
Thanks
KPR
