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Sunday, July 3, 2011

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  • arkrish68
    09-09 05:38 PM
    I wanted to put down the various steps I undertook or have happened since my PD got current in hopes that it might help anybody...

    PD: Nov 2005 EB2 @ NSC got current in August.

    We were in India when my wife got a FP notice in July. Missed it completely but was lucky that the lawyer realized we were on vacation and requested a postponement of FP appointment.

    The original FP appointment notice was for July 7th and we never received a second appointment notice until Aug 20th.

    In the meanwhileI travelled back to USA and opened SRs, Infopass and sent emails to NSC, Opended an Ombudsman inquiry, contacted senators separately for myself and for my wife. I got GC approval on August 10th.

    My wife had her FP taken on Sept 3rd and today we received CPO email for her too. Good luck to all who are waiting and I suggest do everything you can like SRs, emails, contacting senators, ombudsman inquiry, infopass appts. Not sure what worked.

    My Main conern was that my AOS (principal applicant) would be stalled because my spouse (dependent) had expired FPs and we missed an appointment. Apparently this turned out not to be the case.

    Thanks IV for a lot of useful information. All the best to everybody.

    Can you please let me know how to initiate ombudsman inquiry.

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    01-13 01:09 AM

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  • ssamineni
    09-09 07:28 AM
    Got 485 approvals yesterday for me and my wife. Thank you so much IV for everything

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  • senthil1
    01-07 11:09 PM
    All of those fixes are non controversial and can be acheivable within short time. It does not require months like legistrative fixes


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  • gc_chahiye
    06-25 12:00 PM
    ............Expanding on my previous posts.
    One more thing.
    If you decide to apply multiple 485s with each other as dependents, then file just one first. Wait. Gets its A number and put that number in the other application. This way you will cover one pitfall of multiple filing. It will not cause confusion at USCIS end.

    one thing to consider though: with the number of 485 filings that are expected in July, receipts are probably going to take 8 weeks or longer to come through (just ask teh H1B filers this year). By then the PD for the other spouse would have probably retrogressed. Another thing to keep in mind...

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  • desi485
    11-14 04:21 PM
    Bump ^^^^

    I did send letters by USPS, but email to CIS Ombudsman is not yet sent. Can you provide link or redirect, how to do this? (template etc.) will do this ASAP. Also ask my co-workers to do this. Thanks! You are doing a great great Job for our community.


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  • puddonhead
    06-18 11:24 AM
    Are you suggesting the fraud should not be reported?

    Its like saying that do not report burglary in your home, as thief may do something bad to the family. Typical scare the victim approach.

    No - I am not suggesting that!!

    What I am suggesting is that the right time to take this up is when a recession is not in full swing. Between 2004 (when this law was enacted) and 2007 was a great time to pick this battle. Maybe another year down the line would also be a great time to pick it. Picking up this particular battle right now would probably make YOUR and MY lives much more difficult in the medium term.

    Like you and the OP - I am a selfish individual. I will pick up only those fights which are in my interest. I believe that this particular fight is a lose-lose proposition in the current climate. I am disputing your (and OPs) belief that this will be beneficial for you/me/rest of us.

    Lets take the example of the same Goldman Sachs manager. Tomorrow ICE comes to him and says you need to get rid of these 50 guys under you. What will he do? He cant increase the budget in the current environment. So he probably will hire a couple of GC holders/Citizens and replaces the whole division (with 50 GC/Citizens besides the 50 'violators') with an offshore team.

    Think about it!!

    Now is the time when everybody is thinking in terms of cost cutting. If you create costly disruptions now - then either the company becomes GM and lose out to overseas competitors or migrates the eitire division out.

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  • InTheMoment
    10-06 01:34 AM
    To know the reason for that you simply have to see past visa bulletins to know how long 2001-March 2004 PD's have been current... the answer is: for a long time in late 2007 and mid-late 2008.

    Hello everybody,

    I was just wondering why only the people (Eb2-I) with priority dates from 2004 get their I-485 approved? why dont people from 2001, 2002, 2003 dont get their I-485 approved?.....just curious to see how does it work?


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  • reddymjm
    09-09 11:42 AM
    Will do

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  • dhirajs98
    06-21 09:00 AM
    Pappu/or anyone else,

    Can you please answer questions I have mentioned below?

    I have two labors

    PERM EB2

    Labor: Certified
    PD: Dec 06
    I-140: Filed in Premium Processing on May last week
    RFE Received: June 1st
    RFE Response Sent: June 6th
    Status: No updates from USCIS

    I-485: I can file based on the pending I-140

    RIR EB3
    PD: Jan 2004
    Labor: Noy yet Certified. Based on my case analyst at DBEC it should be certified by June 30th.



    1. If I file I-485 with EB2 labor. Can I use EB3 PD later for getting GC faster?

    2. Does PD matters once I-485 is filed?

    3. If I file I-485 with EB2 and then due to some reason my I-140 gets rejected what options I have?


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  • vxg
    06-20 10:49 PM
    My wife was stuck in namecheck during the H-4 stamping 3 years back. She gave full FP and got cleared in 6 weeks. Question i have is that i will be filing I-485 in July so is there a chance that she will be stuck in I-485 Name check as well? Anyone with experience? Also, if she get's stuck and I am cleared does the application get's stuck completely?

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  • dipmay2002
    10-31 11:49 AM
    Just posted letters


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  • ourgcapproved
    08-12 05:48 PM
    appas i sent you a private msg please reply

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  • kevinkris
    11-21 03:29 PM
    But haven't got response from NSC or Ombudsman..

    TSC people are thinking smart by sending "Contact Help Desk" letter
    to everyone.. They don't even see what's in the letter and why 100's of people sending same letter. Sigh.. :mad:

    Same here.


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    09-09 10:36 PM

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  • eyeswe
    09-25 09:28 AM
    Thank for bringing that up.. I had the same inkling, of course , w/o anything to subtantiate when I first saw these "inventory" figures.. I had also posted couple of times this poser.. esp those who were in the math crunching mode to determine the D-days baed on our PD..

    This makes such a huuge difference to the queueu.. I am reminded of a post who said he starts the day happy when he sees such numbers and ends with kicking his dog... Gosh I need a dog!!!!


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  • wellwishergc
    07-10 10:47 AM
    I understand each and every part of that DOS statement.

    Peace! Relax! Let's wait and watch!

    What part of DOS statement

    "All numbers available to these categories under the FY-2007 annual numerical limitation have been made available. "

    do you not understand ?

    2007 quota is used up. We need to wait until OCT for 2008 quota. :(

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  • nk2006
    01-15 11:13 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.

    Your frustration is understandable but talk to a good lawyer and open an MTR immediately. From your description yours is a good example of how USCIS is confused about AC21 cases - work with your lawyer on MTR it seems MTR's are successful in most cases. Also please take time and contact Ombudsman to file DHS Form 7001 as suggested at: http://www.dhs.gov/xabout/structure/gc_1221837986181.shtm.

    (look back in this thread a few other members had similar issue - I485 denial upon withdrawal of I140 by previous employer - contact them directly to get specific lawyer info).

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  • newuser
    07-11 07:10 AM
    Don't forget to leave a thank you note.


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    03-17 10:01 PM
    Hi Guys,
    I have a concurrent filed application (140 still pending) dated back to Oct 2004 and another I-485 application from July, 2007 from different labor but a recently approved 140. My current EAD & AP is based on the first 485 (Oct 2004) which are due for renewal in next 4 months. Now I want my EAD/AP to be based on July 2007 I-485 (second one) since underlying 140 is approved. Here is my dilema:
    1. When I renew EAD/AP should I check that its renewal or initial application option.
    2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).

    Thanks for any suggestions/thoughts you might have.

    10-31 03:49 PM
    It's possible that USCIS may issue a NOID instead of straight denial, when I-140 is withdrawn by the employer, if they have AC21 letter in the file. (It's a possibility, not 100% guarantee.)

    With a RFE/NOID you can continue to work while getting the issue resolved. Not so with the denial. You can't work till the issue is reloved, and you need to file MTR (costlier than a RFE). So it's basically a matter of risk-reduction though it always doesn't produce the expected results.

    I am sorry if I am bit late on this forum. Why even inform USCIS when you use AC21? There is no rule stating that you have to inform them , so why do it?

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