Friday, July 1, 2011

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  • mbartosik
    03-14 11:28 AM
    service requests taking up to 60 days now and processing times 60 days behind published figures.

    About 45 days ago I raised a service because my receipt date was more than 60 days older than the Nebraska service center processing date. At 30 days after raising the service request I called and asked what's happening, they said wait until 45 days, at 45 days I called and asked what's happening, they said wait until 60 days.

    The IO told me that they are way behind with the service requests, and it is taking 45 to 60 days to answer. Indeed they are hardly able to answer service requests.

    I also asked her to hazard a guess about when my case (receipt date 4 May 2007 current with VB) might get adjudicated, she said by 30 April - they have a target to clear older petitions by 30 April. She said that they are about 60 days behind their published processing dates.

    My reasoning for this -- potentially this is because of EB3 moving forward in the visa bulletin and 180 day name check rule -- it effectively moves the processing dates backwards since they are not pre-adjudicating, but they didn't want to move the reported processing times back.

    She was also able to tell me that my name check was passed and confirmed that receipt date is what counts not notice date (unlike IO I previously spoke with). Something I knew but wanted to hear from them too.

    So summary:
    Service requests -- may take 60+ days to answer (maybe they'll say 90 days when I call at 60 days).
    Real processing times are about 60+ days behind published (at least for Nebraska).

    Of course since you can raise a service request when receipt date is > 60 days behind processing date, they are encouraging raising of service requests which they are now swamped with.

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  • rabbitboy33
    03-07 08:27 AM
    My employer received my labor certification packet last week. However, other than a letter which states that my case has been certified, there was no other certificate/form.

    The letter states that "Form 9089 ETA has been certified and is enclosed." However, there are NO other enclosures. Is this how it is usually? OR have they just forgotten to include the certificate/form.

    Please help.

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  • perm2gc
    09-06 01:07 PM
    Her petetion is filed in May. And she travelled out of USA last month. So you need to do is to start working and get a visa stamp of H1 when you go out of the country. Can you please stop advertising on the board about your company..

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  • ssdtm
    09-15 04:47 PM
    He will have to file labor again.

    Few things to note:
    � It does not matter if he is PhD or not, what matters is that the job for which his company will be applying his Labor justifies a Masters or PhD. If he qualifies, then yes, go ahead and file a new labor.
    � New labor is not as fast to get approved as was earlier. It is taking from anywhere 12-14 months now a days to get it approved. It is only after labor approval that you can port.


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  • kartikbalaji
    01-02 02:38 PM
    There was a soft LUD on my I-485 on 01/01 and today (01/02). I had applied for my H1 extension sometime back.Will my 485 be touched because of H1 ? My PD is Aug 2006 EB2(obviously cant expect AOS getting processed at this time).

    Any thoughts?

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  • n_2006
    07-23 03:39 PM
    Do we need to follow any process to convert from H1 to EAD? Or just apply for jobs using EAD?

    No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.


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  • gcformeornot
    07-25 04:31 PM
    Come on people please vote....

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  • cheg
    08-05 12:36 AM
    Sorry to hear that your wife's 485 application will be denied. I know that once she uses her EAD then she loses her H4 eventhough her passport still has a stamp expiring Feb 08. Since she will definitely be losing her EAD because of AOS denial it will be better for you to apply for her H4 asap. To be on the safe side, always consult a lawyer. Good luck! :)


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  • andy garcia
    03-28 05:59 PM
    Thank you. So we do have to answer "Yes" to all the 3 questions!

    Answer No to 2, Yes to 1 and 3.

    Immigrant Petition is I-140.

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  • go_guy123
    01-26 10:51 AM

    Article by Frank Aquila of Bloomberg BusinessWeek who underscores several reasons why lifting the cap on H-1B petitions is essential for US Tech growth including the fact that "The U.S. Labor Dept. estimates that by 2014, 2 million high-tech jobs will go unfilled simply because the cap on H-1B visas has not been raised."

    Read Article (

    More... (

    As usual the author is out of touch and ignorant about reality and is simply doing a quick copy and rehash existing articles on the internet.
    Talks of nothing about GC wait etc. Utterly useless article.


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  • Munna Bhai
    02-19 09:11 AM

    The cancellation of H1b takes 4-5 months and untill then nothing much to worry. You can join new company as soon as you file for H1b transfer.

    Hope this helps.

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  • desiest
    04-19 02:06 PM
    uscis sent incorrect alien registration # with my name to fbi for name check which ended up in an error . now after waiting for 2 years and 4 months uscis tells me that they are going to assign me a new alien # and send name check all over again. i am stuck please help..what options do i have to expedite this as it was uscis error.


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  • ssdtm
    12-13 06:49 PM
    To be 100% safe, wait for EAD.

    But there are many threads where folks have given their inputs per consultation from their lawyers and have mentioned that EAD "part time" does not invalidate your regular H1 as long as you have continued with your regular H1 employment. Your case is in a grey area.

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  • sparklinks
    09-16 02:53 PM
    My wife is working on EAD and her EAD is expiring begining of next month. New EAD has been applied. Can she work with the EAD renewal receipt if the EAD expires ? What are the possible options ? Pleas help

    We applied on June 15th (TSC) still waiting...currect EAD exp. next week :(


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  • gcisadawg
    06-26 01:16 PM
    1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

    2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
    (I understand the risk of having the I140 denied and being out of status. But aside of that... )
    My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

    The lawyers that created those laws must have been on something ...


    Caution: You are taking Risk!

    Based on Yates memo ( you can google for this), a person with pending I-140
    and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.

    There was a link on Ron's site where he said
    1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
    2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.

    If the above two are good, the chances of RFE on I-140 is slim.
    Even if there is one, your old company should co-operate...I believe that is where the risk is....

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  • kondur_007
    08-22 02:10 PM
    First time a post made absolutely no sense to me!:eek:

    That was indeed funny...:D:D made me laugh

    Although pani_6 is correct in what he is saying.

    Here is the link:

    I guess, this may not be an as important an issue as "getting the GC"..:p
    But some people may care more about it than others...especially who have a long list of family members to be brought in :)


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  • krishmunn
    03-30 10:26 AM
    Once you take appointment you can call the same consulate and sned required documents and get PIMS verified.

    You mean even the consultaes in India verify that ? I thought only those in Mexico do that.

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  • walking_dude
    10-31 06:20 PM
    Wisconsin Wake up. Your chapter is calling you to join. Join the movement to increase Visa numbers and eliminate country caps. It's the only way to get out of the GC mess.

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  • vikramy
    06-10 12:17 PM

    My H1 transfer got denied. My company said they are unlikely to file an MTR. I have a valid EAD and old company H1 (based on 140 approval) valid till Jan 2010.

    Can i find other company and file a different H1 transfer based on my old company valid H1?

    Please Advice.

    04-22 12:29 PM
    I have PD which is current (Jun 03 EB2 India), a RD which is current (Jun 05! yes VSC transfer to TSC in Apr 07). In the last week of Nov 07 got a simple RFE (medical RFE wherein the doc forgot to check one box), which was replied promptly and got confirmation from USCIS that they got the response.

    Have been following up with USCIS (service request, POJ-TSC from April 7th). Got a soft LUD today (04/22/2008). does it mean anything ?

    07-23 12:40 PM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

    If you were never convicted, you should not have any problems. Because remember, you are innocent until proven guilty ( which means conviction) and being charged is not an offense by itself. You might face some problems at POE because your finger prints might show up due to arrest record, but if you have court documents showing you were acquited or police documents showing that your charges were dropped, you should be OK.

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