2003 Consolidated Tracker ONLY (140/EAD/AP/FP/485)

gcWaitWay2Long

Registered Users (C)
EB2 to EB3 Category

My employer has pulled a cheap trick on me by applying for 140 in EB3 category even though he has always been telling me that he was going to file in the EB2 Category... Now that I have all of the paperwork pulled up from the attorney, the 14th field in "Alien Employment Certification" form does state the minimum requirement to be masters' degree with 2 years exp., but my 140 application definitely has it as 3rd preferene "skilled worker" category. Now is there any place besides the "minimum requirement" field in LC that states its a labour for EB2 category?? Also is it possible for me to convert my 140 that has been approved for EB3 category to EB2 category?? Please advise...

Thanks....
 

youry

Registered Users (C)
gcWaitWay2Long said:
My employer has pulled a cheap trick on me by applying for 140 in EB3 category even though he has always been telling me that he was going to file in the EB2 Category... Now that I have all of the paperwork pulled up from the attorney, the 14th field in "Alien Employment Certification" form does state the minimum requirement to be masters' degree with 2 years exp., but my 140 application definitely has it as 3rd preferene "skilled worker" category. Now is there any place besides the "minimum requirement" field in LC that states its a labour for EB2 category?? Also is it possible for me to convert my 140 that has been approved for EB3 category to EB2 category?? Please advise...

Thanks....

I think in your I140 is the description of category your LC was applied. Somewhere in the left corner. Once your labor was approved in EB3 cannot be changed.
 

i_piscean

Registered Users (C)
485 Approved

Finally, my 485 is approved.
My 485 was approved on May 9th, when I was in India. I came back last week itself.
But my wife's 485 is still not approved. It is been more than a month since my case is approved. I did not receive an RFE or any other notice for my wife.

I have 2 questions:
1. Can I change employer when my passport is stamped with 485 approval and do not wait for actual Green card to come? Or should I wait for plastic card to come and then only change the employer.

2. If I change my employer, will my wife's case be affected (beause it is not approved yet) because I changed the employer?
 

GC7

Registered Users (C)
Why there is no activity in this thread. Is anyone left who is waiting for their approval.

Thanks

I485 ND 08/20/2003 AD ?????
3rd EAD will be applying for 4th very soon
 

satpreet

Registered Users (C)
Finally Approved

I485 approved on 06/28/2005. (Like a miracle...Surely God's hand ...Thank God !. Approval on day before July 1st - Son's life is dependent on staying in this country for medical reasons)
Till 06/16/05 my name check was still pending. In desparation wrote letter to Chief, Asst Director, and Main Inquiry FBI.
Within a week it got appoved. Hopefully this is not a mistake.

I485 ND - 08/19/2003.
I485 AD - 06/28/2005.

Reason for the delay - Name Check from 03/30/2004.
 

satpreet

Registered Users (C)
Delay ???

chaw said:
They didn't want to approve my 485 at this time ..... :rolleyes:
so BCIS approved our 3rd EAD yesterday took 2 months :) ...........
waiting for 2nd AP & "1st" 485 :confused: :confused: ...
Do you know why your case is delayed ? Try to find out the reason. Senator's office can find this very fast. Or make a appointment to local office and go and enquire. They can tell you why it is delayed. If you know that it is name check then follow the Rahul Kumar's post 'My Name Check Experience'
 

jay_gm

Registered Users (C)
Congrats satpreet

Congratulations on your I485 approval. Mine is still pending. I think because my ND is 08/20/2003 (one day after your...lol). I am afraid that mine is also stuck at name check. Can you please point me in the right direction about what you did to get your name check cleared.

Thanx,
Jay.
 

satpreet

Registered Users (C)
name check

jay_gm said:
Congratulations on your I485 approval. Mine is still pending. I think because my ND is 08/20/2003 (one day after your...lol). I am afraid that mine is also stuck at name check. Can you please point me in the right direction about what you did to get your name check cleared.

Thanx,
Jay.
Thanks Jay ! I do not know whether my name check cleared or not but I did receive my approval. Praying that it is not a mistake.

Here is all I did.....

1. On April 4th sent an email to FBI enquiring about name check ? - No answer of the email yet

2. Called few times to FBI but unhelpful responses. They said ask VSC to send expedite request to FBI.

3. Simultaneously contacted local Senator's office to find out the cause of the delay. After persistent calling for few weeks they finally found out the reason. First they said my priority date is 10/21/03 and no visa number is available. (This was actually my I140 approval date) . I called the Senator's office again with little response. I then wrote a letter to Senator's office with copy of my I140 approval and explaining our situation. I also requested them to find out that on what date VSC has sent the name check request to FBI.

3A. In mean time I did FOIPA request to FBI and got reply in 2 weeks that there are no records in my name.
4. Senator's office again called VSC and they found out that priority date is correct but my name is stuck in Security Check. They also find out that my name check was sent on 03/30/2004.

4A. I then made a infopass appointment with immigration office and met an immigration officer. He confirmed that my case is pending due to name check.He actually showed me the printout from system where FBI Check or Security Check field said "PENDING". Date sent - 03/30/2004. I tried to read everything on paper but do not remember anymore.


5. I again requested Senator's office to write to FBI with no success.They said they will call FBI and after that I never got a chance to speak to Senator's office. Every time it will go to voice message and I was also kind of feeling lost and bad calling again and again.

6.In mean time the news came that from July 1st no EB3 visas are available. Finally in desparation I wrote to Mr. Hooton, Mr. Hardy and Name Check Program on 16th June explaining and pleading. I also attached FOIPA response. I also mention about FBI's testimony in Senate that it takes maximum 120 days for any case and my case was already over 444 days.

Just like miracle and by God's grace mysteriously it got approved on 28th June. I dont know whether Name Check cleared or not.On July 5th we went for Stamping. We do not know whether some God send soul ready my letter at FBI or Senator's office called or they just approved it...

We were really in bad shape as my son has a very rare serious medical condition and at least he has some hope living here with God's permission.

Please follow Rahul Kumar's post for Name Check. I can also write my experience but his is the best.
 
Last edited by a moderator:

chaw

Registered Users (C)
satpreet said:
Do you know why your case is delayed ? Try to find out the reason. Senator's office can find this very fast. Or make a appointment to local office and go and enquire. They can tell you why it is delayed. If you know that it is name check then follow the Rahul Kumar's post 'My Name Check Experience'

Congrats Satpreet.....enjoy your freedom....hope your son will get well soon.
I got a response saying "Pending Services" in April and my wife received letter with "Visa not available". So I was thinking may be I need to wait :eek: :eek: untill they start processing 10/2002 PDs. BTW what is your PD and also let me know if there is anything that I can do towards the approval of my case.

Thanks,
Chaw
 

satpreet

Registered Users (C)
chaw

chaw said:
Congrats Satpreet.....enjoy your freedom....hope your son will get well soon.
I got a response saying "Pending Services" in April and my wife received letter with "Visa not available". So I was thinking may be I need to wait :eek: :eek: untill they start processing 10/2002 PDs. BTW what is your PD and also let me know if there is anything that I can do towards the approval of my case.

Thanks,
Chaw
In your case Priority Date might be the reason, if you are from China, India or Philippines. Visa not available means that. I am no expert so check with Gurus here. Inspite of that , in mean time you can make sure that your name check and all is cleared. Once EB3 visas will be available , I am sure they will announce the cut off for PD. My PD was 06/13/2000. In mean time you can go to local immigration office and make sure that PD is the only reason of delay and nothing else. Send an email to FBI too..It takes 4 to 5 months for them to reply.
 

chaw

Registered Users (C)
satpreet said:
In your case Priority Date might be the reason, if you are from China, India or Philippines. Visa not available means that. I am no expert so check with Gurus here. Inspite of that , in mean time you can make sure that your name check and all is cleared. Once EB3 visas will be available , I am sure they will announce the cut off for PD. My PD was 06/13/2000. In mean time you can go to local immigration office and make sure that PD is the only reason of delay and nothing else. Send an email to FBI too..It takes 4 to 5 months for them to reply.

Thanks Satpreet, yes I am from India The Great. We emailed FBI in the month of March, probably by the end of the year or after I get 485 approval I may hear from FBI :rolleyes: :rolleyes: , which is not gonna help me so as you said I'll check with the local office.
 

lady_luck

New Member
485 Approved at last.

Type: EB2/RIR/PD 11/2001/VSC
140/485 ND 12/2003
140 AD 03/04
FP :08/31/05 (Lud 09/12/05)
485: AD (09/30/05) :)
 

bostondude27

Registered Users (C)
EAD Approval for EB3

Anyone have any idea about how long it takes to get an EAD (renewal) approved? I applied it on May 24th 2006. My previous EAD is set to expire on June 26th.
Thanks in advance.
 
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