2005 Consolidated Tracker (140/EAD/AP/FP/485)

LaborBadhi

Registered Users (C)
Very bad

karatekid said:
Dear all.

I have been quite silent on this forum for a while since nothing was happening on my case... But I just came back from an InfoPass appointment in Boston during which I learned that the hold-up on my case was the background check with the FBI. The officer said that they are overwhelmed and that it could take a few weeks to 3 years !!!! My wife's background check has already been completed but she is waiting for mine since I am the principal applicant. There is nothing the VSC can do until it is returned to them.

Do you have any advice on what to do in this case? Is there any way to contact the FBI and offer additional information and get them moving? The officer also mentioned that I could contact the Dept of Justice which oversees the FBI and ask information about my profile under the FOIA (Freedom Of Information Act). Would that be helpful?

Any similar experiences? I would greatly appreciate any input or advice...

Thanks.

I am sorry to hear your case status. This is not a good news at all. You can follow the FBI name check threads to what wll be the action items.

Thanks for sharing.....
 

srrv

Registered Users (C)
SVD said:
that's correct, srrv.

Hi SVD,

Hmm.........I was under impression that - the date in visa bulletin let's people know if they are eligible to file I-485 at all or not and it is nothing to do with all the already filed I-485 cases. ..... Looks like ... I was wrong.
Then ..... what does the Processing Dates of the uscis center denotes? For VSC - it says .. they are processing I-485 filled on or before July 18th 2005.

Thanks
SRRV
 

michvin

Registered Users (C)
srrv said:
Hi SVD,

Hmm.........I was under impression that - the date in visa bulletin let's people know if they are eligible to file I-485 at all or not and it is nothing to do with all the already filed I-485 cases. ..... Looks like ... I was wrong.
Then ..... what does the Processing Dates of the uscis center denotes? For VSC - it says .. they are processing I-485 filled on or before July 18th 2005.

Thanks
SRRV
You're right and wrong. "I was under impression that - the date in visa bulletin let's people know if they are eligible to file I-485 at all" - that's true.
"it is nothing to do with all the already filed I-485 cases" that's wrong. Remember when retrogression kicked September a year ago? A lot of people filed their i485, but after the retro the processing was not done since "no visa numbers for this PD".
 

srrv

Registered Users (C)
Hi Michvin & SVD,

Thanks for all the info. I greatly appreciate it.
Now I got it completely.......well.....again I have to wait for some more time.

Have a nice day.
SRRV
 

EricS

Active Member
YRGOPAL said:
Hello Erics and all other gurus

Does my EAD approval means they have opened my I-485? Does this mean my I-485 is re-opened, if not what is the procedure to re-open my I-485 of mine and my wife's? I do not whether the INS has got the duplicate labor from the DOL or not, does this mean my I-140 is approved or is it still pending as my attorney is not helping me in this matter.

My wife's EAD also due for the renewal by the end of this month, do I have to make sure that her I485 is also re-opened before filing for her EAD renewal? Please pass on your valuable suggestions on my case. It's been a grueling journey for me all these days...but a sigh of relief is my EAD.

Or do I have to wait for my attorney to enquire about my I-140 at latter stage.? Please pass on your valuable suggestions...

____________________________________________________________
First I-140 approved in Apr 2001 and got laid from the job even before filing I-485.


VSC EB2 India
PD Apr 2001 (Substitute Labor)
140 PD Feb 2004
485 ND May2004
Wife 485 ND Nov 2004
485 FP Mar 2005
Wife 485 FP Apr 2005
RFE on I-140 03/2005 (For original labor and ability to pay)
RFE Replied 06/2005
Case denied (140 and 2 485s )in Feb 2006 (stating that the original labor copy whereabouts are not informed)
MTR in 15 Mar 2006
MTR re-opened in 23 Mar 2006
Filed 3rd EAD for renewal on 18th April 2006
Went to Phily office for Interim EAD in Aug last week since it is past 90 days - and was sent back stating that the 485 is still in closed state.
Got 3rd EAD approved 10/17/2006
140 Message - on-line says that the case re-opened on USCIS motion
485 messages for me and wife - Still shows the finger printing information only
Hello YRGOPAL,

Good to see that your 140 is reopened.
This does not mean that it is approved but there is a hope. In very few cases I have seen that USCIS will reopen the 140 and then deny it, but mostly they reopen the 140 when they are going to approve it.

The reason for your EAD approval seems that once 140 was reopened, they also reopened your 485. For your wife's 485, you need to call USCIS (service center, not the National support) and make sure that her 485 is also reopend. See my following thread for more info "FYI: If your 485 re-opened after MTR on 140 but spouse 485 case did not re-open. "
http://www.immigrationportal.com/showthread.php?t=167581
 

stunpad

Registered Users (C)
EB2 for I140.... 3 yr bachelor deree

Hello,

Any one in the past got a cleared I140 in EB2 with proper wordings in Labor certification like combination, equivalent or combined exp + qualification what ever the magic words.

Is it possible now a days with 3 yr bachelors degree + many other qualificatons with >10 of experience and exceptional commanded salary to get the 140 cleared or not .... any successful cases around?


Wondering if the rules changed or I140 getting scrutinized more after 2001 sept? with 3 year degree....... Or there is a success if the LC is filed properly with proper wordings.


tks in advance.

:confused:
 

GCVARUMA

Registered Users (C)
stunpad said:
Hello,

Any one in the past got a cleared I140 in EB2 with proper wordings in Labor certification like combination, equivalent or combined exp + qualification what ever the magic words.

Is it possible now a days with 3 yr bachelors degree + many other qualificatons with >10 of experience and exceptional commanded salary to get the 140 cleared or not .... any successful cases around?


Wondering if the rules changed or I140 getting scrutinized more after 2001 sept? with 3 year degree....... Or there is a success if the LC is filed properly with proper wordings.


tks in advance.

:confused:

I got my 140 cleared in EB2. My labor stated " B.S or equiv. degree; Major field of Study:Computer Science, Engineering Math or equiv."+ 5 Yrs experience. In my case it was a B.Sc(3 yrs)+M.Sc(2yrs). Since the B.Sc is not equal to US B.S(4 yrs), I got my Masters evaluated to US masters and filed 140 in EB2 and got the approval(since a person with Masters can apply for a job that required a Bachelors). I was skeptical about my 140 approval and also my lawyer said that there was a 50-50 chance of my 140 approval.

No matter what qualification/experience/salary it finally boils down to what WORDING is present in your labor. Also these rules were there before 2001 itself but they are enforcing them more after 2001. Among the NSC, CSC, DSC AND VSC processing centers, NSC and VSC(I think) are more strictly enforcing it whereas CSC and DSC were not enforcing it. Why they were not enforcing it no one knows as each service center has their own way of doing things.

I was thanking God for getting my 140 approved in EB2. If it was rejected then it would have been a total mess.

Another thing is that the lawyers were aware of this in 2001 itself and when they filed my labor in 2003 they still did not word the labor right. Wonder how they get away with it because we can never get away with such a big screw-up at our workplace. They take the money and do a sloppy job. But then again they just don’t care as it is we who have to suffer and pay for their mistakes.

Thanks.
GCVaruma.
 

stunpad

Registered Users (C)
I140 eb2

Thanks GCvaruma,

Thats a wonderful update.

Where did you get the evaluation from ? Any contact details?
If you see my postings recently, I lost confidence in EB2 now... though in 2001 I got EB2... 140 cleared.

Your reply has given me some support and hope to fight back again.

tks
 

kgp

Registered Users (C)
GCVARUMA,
Congratulations,
your point that: "A person with Masters can apply for a job that required a Bachelors" gave me some hope. My case is similar to yours but it is EB3, Req in Labor says Bachelors Degree or equivalent + 2 years exp, And I have B.Sc(3yr) + PG Diplima in Engg (2 yr) + M.Tech.

M.Tech is evaluated as equivalent to Masters in USA. I am concerned if NSC will approve my case considering that I don't have a single Four years bachelors degree but I have a Masters Degree?

My evaluation says my BS+PG Dip as equv. to Bachelors in USA and M.Tech as EQUV. to Masters, Does yours evaluates similar way or is it good idea to evaluates Masters as Masters and nothing mentioned about Bachelors in the evaluation report, Who you used for evaluation?

- KGP

GCVARUMA said:
I got my 140 cleared in EB2. My labor stated " B.S or equiv. degree; Major field of Study:Computer Science, Engineering Math or equiv."+ 5 Yrs experience. In my case it was a B.Sc(3 yrs)+M.Sc(2yrs). Since the B.Sc is not equal to US B.S(4 yrs), I got my Masters evaluated to US masters and filed 140 in EB2 and got the approval(since a person with Masters can apply for a job that required a Bachelors). I was skeptical about my 140 approval and also my lawyer said that there was a 50-50 chance of my 140 approval.

No matter what qualification/experience/salary it finally boils down to what WORDING is present in your labor. Also these rules were there before 2001 itself but they are enforcing them more after 2001. Among the NSC, CSC, DSC AND VSC processing centers, NSC and VSC(I think) are more strictly enforcing it whereas CSC and DSC were not enforcing it. Why they were not enforcing it no one knows as each service center has their own way of doing things.

I was thanking God for getting my 140 approved in EB2. If it was rejected then it would have been a total mess.

Another thing is that the lawyers were aware of this in 2001 itself and when they filed my labor in 2003 they still did not word the labor right. Wonder how they get away with it because we can never get away with such a big screw-up at our workplace. They take the money and do a sloppy job. But then again they just don’t care as it is we who have to suffer and pay for their mistakes.

Thanks.
GCVaruma.
 

GCVARUMA

Registered Users (C)
stunpad said:
Thanks GCvaruma,

Thats a wonderful update.

Where did you get the evaluation from ? Any contact details?
If you see my postings recently, I lost confidence in EB2 now... though in 2001 I got EB2... 140 cleared.

Your reply has given me some support and hope to fight back again.

tks

kgp said:
GCVARUMA,
Congratulations,
your point that: "A person with Masters can apply for a job that required a Bachelors" gave me some hope. My case is similar to yours but it is EB3, Req in Labor says Bachelors Degree or equivalent + 2 years exp, And I have B.Sc(3yr) + PG Diplima in Engg (2 yr) + M.Tech.

M.Tech is evaluated as equivalent to Masters in USA. I am concerned if NSC will approve my case considering that I don't have a single Four years bachelors degree but I have a Masters Degree?

My evaluation says my BS+PG Dip as equv. to Bachelors in USA and M.Tech as EQUV. to Masters, Does yours evaluates similar way or is it good idea to evaluates Masters as Masters and nothing mentioned about Bachelors in the evaluation report, Who you used for evaluation?

- KGP

When I had this problem I had got in touch with unitednations and he suggested me to get the evaluations from Sheila R Danzig. I had conveyed this message to my lawyer and they said that they would get it from their known evaluators. Since there was not much time for me to go through the documents when they filed the 140(I just had a week before the cut off dates) I did not go through the documents. But my lawyer assured me that they were going to get my Masters equal to US masters. I can find out and let you know as to who did the evaluations, but it may take some time because of time it takes to get reply from lawyers. But from what I heard in the forums Sheila does a good job but there are some who view differently. Here are some links about Sheila :
http://boards.immigration.com/showpost.php?p=1524631&postcount=287
http://www.immigrationportal.com/showthread.php?t=220318
http://www.immigrationportal.com/showthread.php?t=222541

KGP.. when I had researched into the topic I heard that it was not going to be that strict for EB3, but then I may be wrong here. Have you submitted your 140? If not, then get a new evaluation that your M.Tech is equal to US masters and then submit it along with your 140 application to be on the safer side. In worst case anyone can still submit the new evaluation with the RFE.

Also (from what I recall) someone on the boards asked me NOT to mention about the Bachelors in the evaluation report. But what my lawyer told me was that he had got my Bachelors=US Bachelors and Masters=US Masters. So you never know what they are upto.

Also here are a few links that I had collected long time back. Do not know how much it may be usefull, but you can still take a look at it.
Educational Eval :
Degree Problem : http://cyrusmehta.com/News_Cyrus.asp?news_id=231&intPage=76

Educational Eval RFE :
1. http://www.immigrationportal.com/showthread.php?t=133912&page=1
2. http://www.immigrationportal.com/showthread.php?t=191275
3. http://www.immigrationportal.com/showthread.php?t=138955
4. http://www.immigrationportal.com/showthread.php?t=139599
5. http://www.immigrationportal.com/showthread.php?t=151640
6. http://www.immigrationportal.com/showthread.php?t=128755
7. http://www.immigrationportal.com/showthread.php?p=1469736


Thanks.
GCVaruma.
 

kra

Registered Users (C)
I-140 upgrade to premium processing

hhk2005 said:
Yes, you can convert to premium processing as long as you have filed the original copy of the approved labor with the I140. My case was similar to yours except that the application was for EB2 category. It was filed in april '05 with substitute labor and got approved only after I upgraded it to premium processing.


hhk2005, what is the process for requesting an upgrade to premium processing for I-140? Is a new application filed again, with all relavent documents or an upgrade request(?) can be made without any additional documents?

my I-140 was filed in november 2005, and so far there have been no updates.

thanks, kra.
 

Nirvan

Registered Users (C)
kra said:
hhk2005, what is the process for requesting an upgrade to premium processing for I-140? Is a new application filed again, with all relavent documents or an upgrade request(?) can be made without any additional documents?

my I-140 was filed in november 2005, and so far there have been no updates.

thanks, kra.


The process of upgrading 140 to premium is very simple. The form contains only 6 or 7 lines to fill and signature by the employer.
I haev upgraded sept 28th and the next day I got a RFE.
I just replied for the RFE.
But one fortunate thing is INS processed my 485 also along with 140 premium. The message on 485 says that your preliminary processing is complete. My 485 RD is 09/23/05
I don't think any body who applied in Sept for 485, completing their preliminary processing.
 

aycy

Registered Users (C)
I-140/I-485 Oct'06

Please update my info

PD June 25, 2002
NJ EB2 RIR Approved August 9'06
I-140/1-485/I-757/I-131 RD October 16'06
Notice Date Oct 20'06 and receive notices on Oct'30'06
FP November 8'06
Send to Nebraska but receive from TSC
 

HK_HR

Registered Users (C)
Nirvan said:
......
But one fortunate thing is INS processed my 485 also along with 140 premium. The message on 485 says that your preliminary processing is complete. My 485 RD is 09/23/05
I don't think any body who applied in Sept for 485, completing their preliminary processing.

Hey Nirvan,

I too filed for my I140 & 485 around the same time as you did. I completed my FP formality in NOV-2005. I have not seen any update on my I485 since then. I am wondering what does USCIS mean by 'preliminary processing complete' ??
 

madgu-gc2005

Registered Users (C)
Nirvan said:
The process of upgrading 140 to premium is very simple. The form contains only 6 or 7 lines to fill and signature by the employer.
I haev upgraded sept 28th and the next day I got a RFE.
I just replied for the RFE.
But one fortunate thing is INS processed my 485 also along with 140 premium. The message on 485 says that your preliminary processing is complete. My 485 RD is 09/23/05
I don't think any body who applied in Sept for 485, completing their preliminary processing.


What do you mean by "Preliminary processing is complete". Do you think name check and other security check is done? I got this message in the month of July 2006 when our 485 was transferred from VSC to NSC. We filed about the same time as you are.
 

Nirvan

Registered Users (C)
madgu-gc2005 said:
What do you mean by "Preliminary processing is complete". Do you think name check and other security check is done? I got this message in the month of July 2006 when our 485 was transferred from VSC to NSC. We filed about the same time as you are.
When I applied for 140 premium, on the next day I got RFE for employer tax transcripts from irs. But on THE SAME DAY, MY 485 CASE ALSO TAKEN UP and RFE was issued to submit missing I94 for my spouse and 2005 IRS transcripts for me. When attorney replied to 485 RFE with I94, first RFE recived message was shown. Then next day I got the preliminary processing is complete message. Apart from this I don't know what preliminary processing is.
 

SVD

Registered Users (C)
no approvals

I have not seen a single approval for EB2 in VSC since a long time. This is specially true for Indians.

Any idea about what's going on ?
 

gc_wait_2002

New Member
Can I change my job now?

Gurus,

Please help !

Following is my current situaion. Is it safe to change my job without affecting my GC process? Some people say I can change my job after 180 days of
I 485 filing with I-140 approved.. Some people say I need to wait 180 days from the date I-140 approved with I-485 pending.. Which one is true.. HELP !!

Labor Filed - 02/01/2002 Labor Approved - 02/23/2006
I 140 Filed - 03/28/2006 I 140 Approved - 08/15/2006
I 765 Filed - 04/07/2006 I 765 Approved - 04/29/2006
I 131 Filed - 04/07/2006 I 131 Approved - 05/04/2006
I 485 Filed - 04/07/2006 waiting

Finger print (biometrics) done - 06/03/2006
Received letter for Security check
 

Nirvan

Registered Users (C)
Nirvan said:
When I applied for 140 premium, on the next day I got RFE for employer tax transcripts from irs. But on THE SAME DAY, MY 485 CASE ALSO TAKEN UP and RFE was issued to submit missing I94 for my spouse and 2005 IRS transcripts for me. When attorney replied to 485 RFE with I94, first RFE recived message was shown. Then next day I got the preliminary processing is complete message. Apart from this I don't know what preliminary processing is.

Atlast i got the 140 approval todat :D
Applied in 10/23/2005..got A2P RFE in 12/30/2005 ..replied to RFE 03/15/06
Upgraded to Premium processing on 09/29/06.
Got RFE again just for tax statements...RFE replied on 11/01/06.
Got approval 11/02/2006.
I hope we will get some premium processing for 485 also and get clearnace in just 1 or 2 days.
 
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