rsharma
07-24 06:58 PM
rsharma:
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
For many of the applications filed during the 2007 "visa-gate" visas are not available to allow USCIS to approve the applications. However, USCIS is in the process of doing what they can to get these applications ready to be approved once a visa becomes available.
So the idea is that for many of these applications USCIS has already decided that they are approvable but for the fact that a visa is not available, and once a visa becomes available, they will approve them. Hence the idea that they are "pre-adjudicated".
Thank you attorney Sauer and all other IV members for replying to my question.
I am little confused at the reply I received from USCIS. They are saying that my application cannot be adjudicated till visa numbers are available.
Do they mean they will not pre adjudicate my case till visa number is available ?
or
Do they mean that pre adjudication is done, but the visa number assignment process (adjudication) will be done once visa number is avalable?
The processing dates are passed my received date and notice date in the processing center where my application is processed.
Please let me know your thoughts.
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BharatPremi
10-24 01:33 PM
You are 100% correct. They look for PD while accepting I-485 and then they see it only at the time of approval. There is no FIFO. It all depends on luck.
What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.
Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.
What FIFO Pappu was talking about is related with 485 processing between Receipt and final conslusion. That processing is done on "Receipt date" based FIFO in theory. For practical matter, most of the time, end visual effect is 485 is not done through receipt based FIFO but it is done through that.
Example: Assuming both same catgory and same PD, your 485 file reached on July 2nd. My file is reached on August 2nd. Your file will be processed first.. But say you stuck in name check and I am not then down the road after 1 year, if our PDs become current, And If by that time processing is over on my file then I will get GC first although your file reached first but because you will be still stuck in name check.
jonty_11
11-06 12:29 PM
I would suggest you to switch jobs and complain to USCIS right away instead of waiting for company A to take some action against you. This will keep the company under scrutiny of USCIS and they can unearth more mud on this company. Never put up with injustice as this encourages company A to do more of this to other employees.
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
Totally agree with you. However, I have been complaining abt a similar company to my local INS office for over one year now (sending letters every other month) , but to no avail. Where do we complain?
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chanduv23
09-10 02:23 PM
texcan,
I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.
There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com
I did create such a platform. Launched it two weeks back. http://www.h1bfraud.com.
There is one more started by an IV member called www.desicrunch.com and another called h1bmajdoor.blogspot.com
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sroyc
08-03 12:21 PM
I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
Guys,
From what i gathered, It seems these 2 things could effect your processing apart from PD....
Both can be done, if you take a infopass at your local office....
1) I-485 fingerprints
2) A# Mismatch on i-485 receipt, i- 140 approval notice
For me, i didnt get FP notice from USCIS, i had to go to local office and get that done in feb. 2008.
A# also didntnt match, So, i called POJ and they said, they open a ticket to consolidate. If i dont see an LUD in a week, i will have to go to a local office and try again...
In July 2007, when they received 1000's of apps, for most 485 cases, they generated a new A# instead of attaching A# from your I-140 receipt/approval. Your lawyer will say 2 A#'s not a problem. But, this is definitely a problem ACCORDING TO
Others RD, ND, namecheck which we have no control of even though you did everything right.
rockets12345
10-30 01:04 PM
Any one please?
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admin
04-12 04:43 PM
To Submit Comments on the Regulation
The DOL allows people to submit comments, identified by Regulatory Information Number (RIN) 1205-AB42, by any of the following methods:
* Federal eRulemaking Portal : Follow the WebSite instructions for submitting comments.
eMail : Comments may be submitted by eMail to (fraud.comments@dol.gov). Include "RIN 1205-AB42" in the subject line of the message.
Mail : Submit written comments to:
Assistant Secretary, Employment and Training Administration
U.S. Department of Labor
200 Constitution Avenue, NW
Room C-4312
Washington, DC 20210
Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification
(Note : Because of security measures, mail directed to Washington, DC is sometimes delayed.)
The DOL will consider only those comments postmarked by the U.S. Postal Service or with proof of delivery from a service such as UPS or Federal Express on or before the deadline for comments.
Instructions : All submissions received must include the RIN 1205-AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or eMail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington D.C. area, DOL recommends that those wishing to submit their comments do so via eMail.
The DOL allows people to submit comments, identified by Regulatory Information Number (RIN) 1205-AB42, by any of the following methods:
* Federal eRulemaking Portal : Follow the WebSite instructions for submitting comments.
eMail : Comments may be submitted by eMail to (fraud.comments@dol.gov). Include "RIN 1205-AB42" in the subject line of the message.
Mail : Submit written comments to:
Assistant Secretary, Employment and Training Administration
U.S. Department of Labor
200 Constitution Avenue, NW
Room C-4312
Washington, DC 20210
Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification
(Note : Because of security measures, mail directed to Washington, DC is sometimes delayed.)
The DOL will consider only those comments postmarked by the U.S. Postal Service or with proof of delivery from a service such as UPS or Federal Express on or before the deadline for comments.
Instructions : All submissions received must include the RIN 1205-AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or eMail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington D.C. area, DOL recommends that those wishing to submit their comments do so via eMail.
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hetuweb
10-24 08:15 PM
My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER
Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
Edit/Delete Message
i have applied on july 09, 2007 at vermont, but still no reply. hope this helps u.
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GCBy3000
04-15 06:16 PM
EIther this guy is ALIPAC or he is from ALIPAC. THose guys tried to supress us in a straight forward way, but it did not work. Then they sent some infiltrants to our site to coy us to beleive they work for immigrants. That also did not work. Now they are trying to backstab us with our own hands. They will do whatever it takes to drive us out, but we should be smart as we were and may be much more. Good luck ALIPAC.
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bluez25
07-15 02:46 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
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aquarianf
07-19 08:45 AM
my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com
wonder why different attorneys have different requirements
Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.
wonder why different attorneys have different requirements
Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.
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wandmaker
01-02 12:57 PM
What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
I was about write the same, good advice.
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
I was about write the same, good advice.
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docwa
04-10 01:29 PM
HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.
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mambarg
08-01 01:26 PM
But dont you guys expect improvement after all this fiasco ?
Do you not agree that INS will learn some lessons from this ?
Since DOS does not know or INS cannot tell DOS how many apps it has waiting for approval , then how will DOS decide on the monthly cutoff for EB categories ?
With all the fiasco. DOS will definitely ask INS and get the estimate before deciding cut off.
INS also promised that they will work with DOS to make this cutoff process proper ?
I dont know the details, but we may see a definite change henceforth.
So be ready for more surprises in coming months.
Enjoy the ride.............
Do you not agree that INS will learn some lessons from this ?
Since DOS does not know or INS cannot tell DOS how many apps it has waiting for approval , then how will DOS decide on the monthly cutoff for EB categories ?
With all the fiasco. DOS will definitely ask INS and get the estimate before deciding cut off.
INS also promised that they will work with DOS to make this cutoff process proper ?
I dont know the details, but we may see a definite change henceforth.
So be ready for more surprises in coming months.
Enjoy the ride.............
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seeking_GC
07-12 02:25 AM
Any idea on when the lawsuit actually gets to court?
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mirage
06-11 11:55 AM
You look very angry. Take a shower. Do you think Core team is there to answer every question that is asked here ? Did you hire them as a full time employee ? How did you reach the conclusion that they are working for their benifit ? Look in to the mirror, ask yourself a question what you have done until now to help yourself to bail out of the mess you are in, I mean what efforts have you made to meet the senators and congressmen of your area, how many people you have influenced to join IV, how much you have contributed to help IV stay afloat. Only if you have satifactory answers to these questions, come back and ask questions.
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
:mad:
I asked IV core on what version of immigration bill they support because I and other people wanted to know since there are so many ....
:mad:
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indyanguy
10-19 02:10 PM
Interesting thread. For all those who've gotten their hands dirty in the stock market, can you recommend any message boards that conducts healthy discussions for taking advantage of the volatility in the short term. I have looked at yahoo, aol, msn and google and most of them are non sensible discussions without much factual info.
Thanks!
Thanks!
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Aah_GC
09-21 11:14 PM
Thanks...your replies were compassionate and philosophical in a way.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
IMO I think that is a question only you can answer. Since we are all chasing some thing or the other -- it makes sense to enjoy the journey, see how we can be happy today and let nature take its course. For some going back to India makes most sense, for some probably not. Either way, the decisions that we take should be based out of our own individual purpose and desires than be guided by externals.
Let me rephrase it. With current Globalization and other means to come to US such as B1,L1 etc....why are we stuck to this phase for years.
See tonnes of people going back----are we chasing something we are not supposed to do?
IMO I think that is a question only you can answer. Since we are all chasing some thing or the other -- it makes sense to enjoy the journey, see how we can be happy today and let nature take its course. For some going back to India makes most sense, for some probably not. Either way, the decisions that we take should be based out of our own individual purpose and desires than be guided by externals.
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gc_on_demand
08-13 02:19 PM
Any hope for Jan 2008 PD to get EAD..
Berkeleybee
02-15 01:34 PM
Just want to say that the public's opinion is already visible in the "public's" choices -- I mean, it is the US public after all that is refusing to study science and engineering! ;-)
If PACE gets through, it'll be the medicine that the public doesn't want to swallow. ;-)
If PACE gets through, it'll be the medicine that the public doesn't want to swallow. ;-)
larmani
10-16 02:19 PM
Hi I got FP notice on 10/13. I filed on July 2nd and got receipt August 24 with TSC.
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