praky
08-03 04:45 PM
I'm July 2007 filer and per the Aug visa bulletin my I-485 application is current (PD - Feb, 2006). I raised a SR with NSC on 15-Jul to find out the status of my application and here is the response I got from them today:
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.
I'm kind of worried as I haven't seen folks getting this response. I haven't gotten even a DMV ticket and not sure why would I get that kind of response. Please advise what should be my next course of action and if there is anything I can do from my end.
Thanks,
Praky
The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.
Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact customer service at the number provided below.
I'm kind of worried as I haven't seen folks getting this response. I haven't gotten even a DMV ticket and not sure why would I get that kind of response. Please advise what should be my next course of action and if there is anything I can do from my end.
Thanks,
Praky
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pappu
01-31 12:42 PM
it is good indeed. but i just happened to visit aila.org and it says this news "no more labor subs" is just a rumor of the day.
I wish the fee increase news was a rumor instead!
I wish the fee increase news was a rumor instead!
kpchal2
07-18 04:43 PM
these uscis reps dont even know that the uscis reversed their visa bulletin. all they were told was they will be rejected and that is what they are reiterating. they do not even know that the people at service centers were asked to hold them back. they are just like a bunch of kids who were told
1+1 = 2 but they do not know that 1-1 + 2 = 2 becuase no one ever told them that :-)
1+1 = 2 but they do not know that 1-1 + 2 = 2 becuase no one ever told them that :-)
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desi3933
01-28 04:17 PM
.....
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
The only difference this time is, it has come in the form of a memo. It is in fact a blessing in disguise. AILA has some reference document against which they can fight in court and get it overturned permanently.
I disagree with you. Last many H1-B petitions have denied on these grounds. Memo just made the current interpretation as public knowledge. Read the denial cases by and you will see what I am taking about.
It seems that AILA is making noise since this memo is going to hurt the business of their members.
....The law does not require any such letters by end-user clients for the issuance of the H1B visas to the visa applicants.
Technically the lawyer is correct. However, it is very difficult to show actual duties and job period for the beneficiary (H-1B worker) without the end-user client letter.
Example: [from the pdf file]
... The director declined to find that the proffered position was a specialty occupation because, as an employment contractor, the petitioner was in the business of contracting its employees to client sites and the record did not contain any evidence regarding the type of duties that the beneficiary would perform for these various clients. The director concluded that, without evidence regarding what duties the beneficiary would actually perform for the clients, the proffered position could not be classified as a specialty occupation.
............ for the purpose of determining whether a proffered position is a specialty occupation, the petitioner acting as an employment contractor is merely a "token employer," while the entity for which the services are to be performed is the "more relevant employer."
http://www.uscis.gov/err/D2%20-%20Temporary%20Worker%20in%20a%20Specialty%20Occup ation%20or%20Fashion%20Model%20%28H-1B%29/Decisions_Issued_in_2009/Aug212009_09D2101.pdf
PS: The term token employer has been used.
_________________
Not a legal advice.
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punjabi77
09-23 07:02 PM
It is a free world. One can vent out his anger anywhere he wants. the person chose to got to immigrationportal..chill out people.. we are uncecessarily giving importance to that post..
axp817
03-31 01:22 PM
If in 485 denial it is due to ability to pay and they state so in 485 denial and you were paid labor wage from priority date until you left and were eligible for ac21 then the denial would not have been in error and you would be fine.
I assume you meant to say "denial would have been in error".
I assume you meant to say "denial would have been in error".
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walking_dude
11-14 12:27 PM
"Victory is always possible for the person who refuses to stop fighting." - Napoleon Hill
I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot
I would say ignore. If the hosts dont even use 'controversial' to describe him it's pointless trying to call in - its going to be an 'immigrant hate-fest' whether you call in or not and you are not going to win hearts or change minds. I remember 4 or 5 years ago he was raging against the H1 on air as usual and turned around to his staff and asked if CNN too was using the H1program - and the answer unsurprisingly was 'yes'. He has no sense of shame or a modicum of decency - none of his staff members either. And IV is ill-positioned and too narrowly focussed to take him on in any meaningful way given how a core member spoke against the z-visa (for illegals) to some n.carolina newspaper. But again I could be wrong so someone could give it a shot
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mbodda
11-05 10:07 AM
Hi Bradman
Congratulations. Can you please tell me who you addressed it to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.
It worked man !!!
Gotta the Card production mail this morning after writing to the presidents office
Thanks a ton for your valuable advise !!!
Congratulations. Can you please tell me who you addressed it to (letter to the president) - is it just the address given on the WH website. Did you send it to anyone's attention in particular. Thanks in advance for the info.
It worked man !!!
Gotta the Card production mail this morning after writing to the presidents office
Thanks a ton for your valuable advise !!!
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for_gc
12-09 10:29 AM
lud--last updated date
One more followup question. How do we usually know LUD ?
One more followup question. How do we usually know LUD ?
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sri1309
01-13 09:14 AM
I had signed in but don't know how to vote. The link you mention below does not work either.
No more chance to vote. But you can submit your ideas.
Dear Pappu,
I wish next time when the window opens for voting, can you please hIGHLIGHT it on the site, so that people who login, can immediately go and vote. Else these guys have time to spend on why airindia sucks, or palestine, or stocks in this site, but not for something more impo.
I could know only when I checked some post, else even I would have missed it.
No more chance to vote. But you can submit your ideas.
Dear Pappu,
I wish next time when the window opens for voting, can you please hIGHLIGHT it on the site, so that people who login, can immediately go and vote. Else these guys have time to spend on why airindia sucks, or palestine, or stocks in this site, but not for something more impo.
I could know only when I checked some post, else even I would have missed it.
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DesiGuy
09-17 12:36 PM
6020
ammendment #7 proposed by Mr Smith; this is to the ammedmnet proposed by Lofgren....:rolleyes:
ammendment #7 proposed by Mr Smith; this is to the ammedmnet proposed by Lofgren....:rolleyes:
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pappu
04-18 03:41 PM
Dear Friends,
Got Green cards and Welcome notices for me and my wife .
Surprisingly no uscis e-mail and online status is still "initial review"
Our journey in short :
How long in US : 10+ years
First Labor in 2002 . Changed job in three years before approval of labor
Second Labor in 2004 . Approved in 2007
Filed I140 and 485 - in July 2007
Since then I was enjoying EAD / AP with no complain .
I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
My Lawyer told me that I can port to EB2 and it is a normal a process.
1. New Perm
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
2. EB2 I140 (TSC)
a. Filed in March - Premium Processing
b. My Lawyer sent interfiling letter along with I140 filing
c. Approved in 7 days (A# and Priority Date retained)
d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
e. No email and no updates on USCIS website
Not sure about the USCIS and Lawyer fees . My company paid for every thing.
Hope every one get the desired freedom asap and don't have to wait like me for 10+ years
Wish you all the best ......to everyone who is waiting for GC.
Thanks,
Jimytomy
Congrats.
Got Green cards and Welcome notices for me and my wife .
Surprisingly no uscis e-mail and online status is still "initial review"
Our journey in short :
How long in US : 10+ years
First Labor in 2002 . Changed job in three years before approval of labor
Second Labor in 2004 . Approved in 2007
Filed I140 and 485 - in July 2007
Since then I was enjoying EAD / AP with no complain .
I donate to IV now and then , but for some reason only once (for few days) got access to IV-Donor Forum . But always had a faith that IV is doing good work .
From non-donor IV forums and other forums I noticed that USCIS are transferring leftover Visas to other EB categories . I waited to see some thing coming to EB3 but ......nothing came .
My Lawyer told me that I can port to EB2 and it is a normal a process.
1. New Perm
Filed in Feb and approved in 10 days ( Prep work takes 3 to 4 months before filing )
2. EB2 I140 (TSC)
a. Filed in March - Premium Processing
b. My Lawyer sent interfiling letter along with I140 filing
c. Approved in 7 days (A# and Priority Date retained)
d. Same week got Green Cards and Welcome Notices:) - Super-fast Approval
e. No email and no updates on USCIS website
Not sure about the USCIS and Lawyer fees . My company paid for every thing.
Hope every one get the desired freedom asap and don't have to wait like me for 10+ years
Wish you all the best ......to everyone who is waiting for GC.
Thanks,
Jimytomy
Congrats.
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pd_recapturing
04-27 12:36 AM
It seems that Indian govt cant do much to raise this issue in WTO.
http://business.rediff.com/report/2009/apr/27/india-can-do-little-on-us-visa-proposal.htm
http://business.rediff.com/report/2009/apr/27/india-can-do-little-on-us-visa-proposal.htm
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WeShallOvercome
07-23 05:57 PM
You WILL BE fine !
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.
My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.
please advice
My company got an RFE for ability to pay from USCIS. we are responding back with my companies 2006 tax returns and w-2 which shows more than proffered wage determined by Dept of Labor during PERM. I hope this should be fine and I will get a favorable response.
My concern is whether I should apply for 485 or should I wait till 140 approval to apply for 485.
please advice
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sayantan76
05-23 09:42 PM
When I called Lucille Raybal Allard's office last week, a rep from the office had an extensive conversation with me about both the bills and they have not heard about them before. He recognized me when I called him back to check if they made a decision.
Alright Folks, Let us not get distracted. We have lots of work to do.
what was the decision though? not trying to question your calling but just curious on effectiveness.....
the fact that the person remembered you does not mean anything.....say, i run a hardware shop and have not sold a mousetrap in months - suddenly 3 people come in asking for a mousetrap - despite the fact that i probably get hundreds of customers - chances are i would remember those 3
Alright Folks, Let us not get distracted. We have lots of work to do.
what was the decision though? not trying to question your calling but just curious on effectiveness.....
the fact that the person remembered you does not mean anything.....say, i run a hardware shop and have not sold a mousetrap in months - suddenly 3 people come in asking for a mousetrap - despite the fact that i probably get hundreds of customers - chances are i would remember those 3
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gc_peshwa
01-10 12:22 PM
That seems to be the way where this is heading. Would this be another july fiasco?.
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
I dont mean to sound negative but I desperately need a way to file I-485 for my wife to get EAD. She has been rejected twice just coz she did not have a work permit/or was not a GC holder/citizen.
Mind you she has a brilliant engineering academic record and worked in India for 2 years a Java programmer before marrying me :mad:
I don't know if USCIS has "wasted" visa numbers but just like the Government has been "borrowing" money from future why cant they borrow "visa numbers" from future (or even past for that matter)...does sound ridiculous :eek: The economy is in recession for last 2 years for sure. Less and less number of folks are filing for GC. I would expect the EB1 numbers spilling over big time to EB2. That has not happened. Its been 3 loooong years after the July 07 fiasco and USCIS still doesnt have enough numbers to clear the backlog...this is BS.
Bottomline is we do need USCIS to advance the dates rapidly enough so that thousands like me can be relieved of their daily ordeal in US....sorry for the selfish thought..:o I just had a shot of tequila....
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optimist578
02-06 10:47 AM
Since you can study under H4 you cannot apply for F1 (My wife tried that already) :)
What if the spouse (H1B holder) has to leave the country for some reason, say for an year? Then how is the student supposed to maintain his/her status?
So, I don't think that is true. If you get admission as a full time student, then you should be eligible for F1. My husband did this successfully in 2001.
What if the spouse (H1B holder) has to leave the country for some reason, say for an year? Then how is the student supposed to maintain his/her status?
So, I don't think that is true. If you get admission as a full time student, then you should be eligible for F1. My husband did this successfully in 2001.
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WeShallOvercome
07-12 11:34 AM
Friends,
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Man, this is becoming unbearable now. Although it seems to be the right thing given the news that USCIS has returned some visa numbers to DOS, I think they won't do it for the fear of looking like fools and humiliation of their mistakes publicly
There is a rumor going around now. One of my colleagues here claims that he got a call from his attorney that there is going to be a new bulletin for july, released either tomorrow or on Monday. Can someone talk to their attorney and confirm this?
I'm unable to reach my attorney now.
Man, this is becoming unbearable now. Although it seems to be the right thing given the news that USCIS has returned some visa numbers to DOS, I think they won't do it for the fear of looking like fools and humiliation of their mistakes publicly
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october2001
12-11 11:42 PM
Just wait for 30 days from the date of card production to see if you get it in the mail....
it might be a procedural thing...don't worry ..keep cool....
actually what happen The NBC sent my I-797 Welcome notice to my lawyer and one to me but because I was not on the lease I didn't have my name written on the mail box, so the mail man returned the notice to the sender (NBC) after that the NBC when they got back the welcome notice they re-opened the case so after that I got a new message saying the last letter we sent has been returned it is very important that we have the right address blah blah blah
and then my lawyer called and made sure they have my right address since I use a PO BOX for mailing purposes not my physical address
and then I got an online message saying we mailed the document to the address we have in our file or our system something like this
and after some day I got the Document they were talking about sent to my PO BOX: it is not GC but the Welcome notice that failed to get to me in the first place
so Document in my case is the Welcome notice
I really can not believe my eyes until I will see my GC in my hand
Hope the best to all of you thank you
it might be a procedural thing...don't worry ..keep cool....
actually what happen The NBC sent my I-797 Welcome notice to my lawyer and one to me but because I was not on the lease I didn't have my name written on the mail box, so the mail man returned the notice to the sender (NBC) after that the NBC when they got back the welcome notice they re-opened the case so after that I got a new message saying the last letter we sent has been returned it is very important that we have the right address blah blah blah
and then my lawyer called and made sure they have my right address since I use a PO BOX for mailing purposes not my physical address
and then I got an online message saying we mailed the document to the address we have in our file or our system something like this
and after some day I got the Document they were talking about sent to my PO BOX: it is not GC but the Welcome notice that failed to get to me in the first place
so Document in my case is the Welcome notice
I really can not believe my eyes until I will see my GC in my hand
Hope the best to all of you thank you
lazycis
10-09 02:30 PM
A good read on the subject with references to applicable law and USCIS memos/policies:
https://www.ilw.com/articles/2007,0109-nadalin.shtm#_edn29
https://www.ilw.com/articles/2007,0109-nadalin.shtm#_edn29
ps3539
07-16 07:25 PM
Sent Message using AILA Web Link
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