ssnd03
02-28 09:11 AM
02/28/2008: FBI Name Check Backlogs Eligible for 485 Adjudication in Service Centers
* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.
* According to the withdrawn USCIS FAQ on FBI Name Check Backlog I-485 case new adjudication policy after 180 days of name check request, they estimated the total eligible 485 cases at 46,000 or something. Now, according to the AILA Q&A with the USCIS HQ Service Center Operation office on February 20, 2008, the Service Centers located approximatlely 10,000 cases that were waiting name checks only and they estimated that there would be additional 15,000 cases that would fit the new policy. There is no specific timeline announced, but there are some indications that these cases may be adjudicated from one month to approximately three or four months. It appears that the USCIS is mindful of the potential EB visa number retrogression and may want to adjudicate these cases as soon as possible.
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gcwaiter
04-01 09:41 PM
Guys,
Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.
Help them to achive 1000 faxes & more target !!
thanks
May god bless all of us !!
Thats it !! We dont want to suffer more. Fllow the forum advise & let people know how we are suffering.
Help them to achive 1000 faxes & more target !!
thanks
May god bless all of us !!
yash04
08-01 12:09 PM
mine reached at 10-23 am -2 nd july,by some armstrong guy..no receipt yet,no check cashed
I just checked - mine was L.Armstrong too....
I just checked - mine was L.Armstrong too....
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alex99
05-30 11:44 AM
done
more...
rajakannan
06-27 10:01 AM
Could you please assign date time for every single member that they should file their application on?
Thanks a lot.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
Thanks a lot.
july 30 th everyone for the benefit of all atleast those who can file before july 3oth
rockstart
06-05 08:25 AM
I thought they were doing that for a while now? Am I missing something?
more...
Gravitation
12-13 12:58 PM
Hey brother,
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
Hey buddy,
No, I don't believe you questioned my intent... I just wanted to clarify for all the people who're reading this.
Your explanation could very well be correct. These are all theories by people who try to explain the movement of these dates.
Regarding who decides what flows where is department of state. Congress makes laws and then the cabinet agency makes rules on how those laws will be implemented. While making these rules, the agency gets some discrition in situations such as this where law will allow more than one possibility.
I am not trying to question your intent just trying to get some knowledge of facts. However your reasoning suggests that there are numbers available to overflow from EB2 World to EB2 India. What if there are just enough numbers to keep EB2 World rolling. I will be interesting in learning more about how these allocations work. Thanks in advance for any information you can provide.
Hey buddy,
No, I don't believe you questioned my intent... I just wanted to clarify for all the people who're reading this.
Your explanation could very well be correct. These are all theories by people who try to explain the movement of these dates.
Regarding who decides what flows where is department of state. Congress makes laws and then the cabinet agency makes rules on how those laws will be implemented. While making these rules, the agency gets some discrition in situations such as this where law will allow more than one possibility.
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yabadaba
07-06 03:08 PM
they have daily podcasts of the news... we can watch it on those
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srikondoji
06-29 07:37 AM
Forget it . Cut your losses and run.
Nobody will evel listen to your suggestion and top of it your suggestion is at best a piece of comedy.
good luck and come up with another suggestion.:eek:
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
Nobody will evel listen to your suggestion and top of it your suggestion is at best a piece of comedy.
good luck and come up with another suggestion.:eek:
lawers can prepare at their own pace but fedex them to reach on Jul 30th.
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logiclife
04-01 05:31 PM
Just sent fax # 10 and 11.
--Jay.
--Jay.
more...
ItIsNotFunny
04-13 01:56 PM
Whatever dude!
Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.
In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it
Calm down guys. Just chill and think what to do next ....
Don't vent your anger on me; vent it on the immigration system. Like you I also have a right to say whatever I feel. If moderators feel it is against the forum guidelines they can delete my posts or threads and I am fine with this. This is called discipline and respect for system and authority. We are using someone's property when we post on this forum. We do not own it.
In your office do you ask your CEO/VPs to first send you a one liner explaination before he takes a decision on your project? Think about it
Calm down guys. Just chill and think what to do next ....
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mammoy2k
06-05 03:43 PM
You can read it 10 ways, but the CIS has only one interpretation(see bold below).
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
An un-adjudicated Form I-140 petition is not made valid merely through the act of filing the petition with USCIS or through the passage of 180 days. Rather, the petition must have been filed on behalf of an alien who was entitled to the employment-based classification at the time that the petition was filed, and therefore must be approved prior to a favorable determination of a �106(c) AC21 portability request.
I guess it is the same thing as earlier memo. They are saying that merely 180 days have passed since filing does not provide AC21 benefit. To determine AC21 benefit the petiton must be approved. So based on earlier memo, USCIS would see whther petiton can be approved. If yes then they will evaluate AC21. If not, then you got a problem.
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chanduv23
11-17 09:06 AM
Thanks for applying and for the quick reply. Your skill set and experienced matched what we are looking for, and you passed the prescreening with perfect scores, except we can not hire anybody that requires sponsorship at this time. If you applied with a mistake on that prescreening question, please change the answer on the prescreening questions. Thank you and good luck!
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
xxxxx xxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx
Probably, nothing wrong to discriminate against h1b holders, but discrimination against citizens maybe taken seriously. As such, it is at company's discretion to hire u or not, internally, from what I learnt, if the company decides to hire u, they hire u, if not, they may give u this as a reason because they may have found someone with same skills but without requirement for sponser.
If a company desperately needs u, they will do anything to hire u. If company thinks it must not have to deal with legal issues and overheads, it may not hire u, may keep u on hold.
Basically, we are on our own, and we can only try and try. It is the land of opportunities, and there will be opportunities for everyone somewhere.
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ruchigup
08-07 12:44 PM
Per my last talk 2 weeks back with CSR and IO, NC is pending and application is not assigned to IO
See my signature below.
See my signature below.
more...
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meridiani.planum
07-19 07:16 PM
1.Apply for new H1 petition(premium processing) for you before July 31.
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
2.On approval send the H1 papers to your wife so that she can get H4.
3. On her entry to USA apply for her I-485.
Then you can live happily together in america.
P.S: Even when you have used AC21, in hindsight you should have got H1B instead of using EAD.
this is a good response, seconding it.
To OP: Even if you moved to EAD you can come back to H1. If dates had not moved so much to make your PD current, what was your plan for your wife? B1/F1 is not a good idea (immigration intent is obvious, and it will catch up with you at some point most probably during 485 processing and could result in a rejection). It looks like H1-H4 is the best option if you two lovebirds want to be together.
If you do get approved early, then as someone else has said, use follow-to-join to bring her back here.
Also, using cruel in the thread title is uncalled for. The root cause of most of your problems here seems to be the decision to invoke AC-21 using EAD instead of using H1. If you dont mind sharing: why did you jump to EAD knowing that it would mean your wife would be out of status and would have to return to India?
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ski_dude12
07-07 07:23 PM
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Shirdibaba
11-04 06:59 PM
Thakyou Nrk,
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
what do u mean by preadjudicated?
I cudnt wait nomore hence took an appt wt infopass for Nov 10th.
Hope all goes well.
U bet i would b ready to follow others, coz its gotten me all the worries in the recent past like never before.
Thnx again.SB
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yagw
08-20 02:26 PM
Expedite request approved yesterday. Hopeful.....
how did you expedite?
how did you expedite?
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franklin
09-21 05:43 PM
Great to have you on board.
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
I encourage you to join into our state chapter (see my signature for the link). Good to have another NoCaler around :)
LostInGCProcess
10-29 02:05 PM
I think it all started in 2007. As you guys know there were mass applications filed in 2007 from everyone who were current including EB2/ROW/I/C and EB3 /ROW/I/C.
Just my Honest Opinion.
Well said. Its absolutely true and makes sense. But to delay, it appears that some processes in the agency may be done manually. Otherwise mere increase in number of applications should not cause adverse impact to processing time. I am saying this based on my personal experience working for the state gov. with unemployment benefit system where the claims increased by 3 time, last year...and there was not much of an impact with regards to delaying in printing of checks every week. Only the batch jobs ran longer....but everything was streamline in couple of weeks after the spike.
Just my Honest Opinion.
Well said. Its absolutely true and makes sense. But to delay, it appears that some processes in the agency may be done manually. Otherwise mere increase in number of applications should not cause adverse impact to processing time. I am saying this based on my personal experience working for the state gov. with unemployment benefit system where the claims increased by 3 time, last year...and there was not much of an impact with regards to delaying in printing of checks every week. Only the batch jobs ran longer....but everything was streamline in couple of weeks after the spike.
singhsa3
08-16 10:33 AM
I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
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