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

[njrirlabor]

Congrats! Did you file WOM!

Got approval emails today! Cards have been ordered.
Thanks to all of you in the forum who had given me valuable
information and advice during the last couple of years.

Hope you guys get your approvals soon!

- Sappana
EB3-Sub, PD:03/2001
I-140 : RD:05/26/05, ND:06/02/05, RFE 12/9/05, AD 03/08/2006
I-485: RD 05/26/05, ND:06/02/05, AD: 01/19/2007

 

[cubiclefun]

Hi njrirlabor

Thanks for sharing your story.

I have not contacted the sentor's yet; But I am thinking of getting involved in the WOM discussion and try file a case as a group.

But I think we have waited so long that someting should be done right now within this year.

I live in NJ. May be we should touch base and find out a reliable group who is motivated enough to file WOM.

I have left my personal email id in your inbox.

Hi cubiclefun:

I did not contact any senators.

here is my situation:

In Early December, I got an e-mail USCIS, that my and wife's case is being transferred to Newark for an interview. I asked my Lawyer, as to what is going on? She apparently has a contact in TSC, she knows an adjuster, who can provide her with details on my case. So, she requested her contact to pull my file from Newark to go to TSC. So, as soon as my file arrived in Newark in mid dec, my case was transferred to TSC, so she could keep better tab at my case. Then, my wife got FP in early Jan and I did not. My last FP was done in August 2005 soon after I had filed for I 485 at VSC. However, soon after my wife completed her FP last week, her case got transferred to Newark for an interview. My lawyer checked with her contact and found out that my wife's FP is clear. I am yet to hear from my lawyer as to why this interview. She is checking on it currently.

 

[sappana]

Congrats! Did you file WOM!

Thanks njrlabor!

Fortunately i found a very helpful congressmen. His staff were very helpful. They took all my case details and repeatedely requested FBI on why they were not clearing my name check. I believe recently FBI responded to them saying my name check got cleared. Looks like i got my apporval soon after that.

 

[SVD]

more details

Sappana,
Can you share more details ?
1. How did you contact the congressmen ?
2. What kind of application did you make ?
3. Can you share a copy of the application ?

As far as meeting in NJ is concerned, we are hardly 3-4 guys. I am still ready to meet and discuss WOM and do something about it.
We can meet at a restaurant, somebody'e house...
We can meet this saturday. time can be 1:00 pm if we want to meet after lunch or 11:30 am if we want to meet for lunch (Just a suggestion to get the discussion going)
I suggest Chutney Manor (New Brunswick) or a place like Dennys (somewhere) where we can sit and talk.

Thanks njrlabor!

Fortunately i found a very helpful congressmen. His staff were very helpful. They took all my case details and repeatedely requested FBI on why they were not clearing my name check. I believe recently FBI responded to them saying my name check got cleared. Looks like i got my apporval soon after that.

 

[karatekid]

Thanks njrlabor!

Fortunately i found a very helpful congressmen. His staff were very helpful. They took all my case details and repeatedely requested FBI on why they were not clearing my name check. I believe recently FBI responded to them saying my name check got cleared. Looks like i got my apporval soon after that.

Dear sappana.

Congrats and thanks for your info, it is very helpful. And I know you can't wait to get away from this forum so let me try to get these answers from you before you go :

Where did you file? VSC by any chance? If so, which congressman did you write to (I live in Boston, MA). Who knows, with luck I might be able to contact the same one. I was just about to contact Senator Kennedy... You can answer by private message if you feel more comfortable doing so.

Thanks again!

Karatekid

 

[njrirlabor]

I would suggest a conference call. It might be easier. A conference call we can do in the evening as well....

I can set up a conference call.

I would suggest, every PM me either e-mail address, so we can coordinate a time which would work best for everyone..

thanks

Sappana,
Can you share more details ?
1. How did you contact the congressmen ?
2. What kind of application did you make ?
3. Can you share a copy of the application ?

As far as meeting in NJ is concerned, we are hardly 3-4 guys. I am still ready to meet and discuss WOM and do something about it.
We can meet at a restaurant, somebody'e house...
We can meet this saturday. time can be 1:00 pm if we want to meet after lunch or 11:30 am if we want to meet for lunch (Just a suggestion to get the discussion going)
I suggest Chutney Manor (New Brunswick) or a place like Dennys (somewhere) where we can sit and talk.

 

[sappana]

Hi karatekid/svd,

1. How did you contact the congressmen ?

Looked up the list of local congressmen for my state which was NJ. I believe only your local congressmen/senator is obligated to help you as a constituent. I sent a fax to them stating that my security check was pending for more than an year and required their help to see if FBI could expedite the process. Fotunately one of them took interest in the case and enquired with FBI of the status. They did not receive any reply from FBI for the first time so they wrote another one stating the implications of delaying the case. This time FBI responded by saying security check had cleared. The whole process took close to 3-4 months.

2. What kind of application did you make ?

Every Congressmen has his own template for immigration issues which you will have to fill up. You can furnish all your case details in the form.

Hope this info gives hope to most of you to go this route to get your security check cleared.

- Sappana

Dear sappana.

Congrats and thanks for your info, it is very helpful. And I know you can't wait to get away from this forum so let me try to get these answers from you before you go :

Where did you file? VSC by any chance? If so, which congressman did you write to (I live in Boston, MA). Who knows, with luck I might be able to contact the same one. I was just about to contact Senator Kennedy... You can answer by private message if you feel more comfortable doing so.

Thanks again!

Karatekid

 

[karatekid]

Hi karatekid/svd,

1. How did you contact the congressmen ?

Looked up the list of local congressmen for my state which was NJ. I believe only your local congressmen/senator is obligated to help you as a constituent. I sent a fax to them stating that my security check was pending for more than an year and required their help to see if FBI could expedite the process. Fotunately one of them took interest in the case and enquired with FBI of the status. They did not receive any reply from FBI for the first time so they wrote another one stating the implications of delaying the case. This time FBI responded by saying security check had cleared. The whole process took close to 3-4 months.

2. What kind of application did you make ?

Every Congressmen has his own template for immigration issues which you will have to fill up. You can furnish all your case details in the form.

Hope this info gives hope to most of you to go this route to get your security check cleared.

- Sappana

Thank you for your help !

 

[HK_HR]

Change in LUD ( I-485 )

Today I saw that the LUD on my I485 application got updated to Jan-23-2007 ( 01/23/2007 ). However there is no change in the message. The message is same as it was earlier ---> 'Fingerprint review completed........."

Can someone tell me what could this mean ?

Thanks.

 

[mrr]

I guess one another process (back ground) completed. or tomorrow you may see I485 approved !

Today I saw that the LUD on my I485 application got updated to Jan-23-2007 ( 01/23/2007 ). However there is no change in the message. The message is same as it was earlier ---> 'Fingerprint review completed........."

Can someone tell me what could this mean ?

Thanks.

 

[mrr]

I guess one another process (back ground) completed. or its your turn, tomorrow you may get I485 approved mail!

Today I saw that the LUD on my I485 application got updated to Jan-23-2007 ( 01/23/2007 ). However there is no change in the message. The message is same as it was earlier ---> 'Fingerprint review completed........."

Can someone tell me what could this mean ?

Thanks.

 

[ShirdiSai]

I485 Receipt Numbers

I485 was recently filed for myself ,wife and daughter.

We got receipt numbers for myself and for my wife from my lawyer.

But we did not get I485 receipt number for my Daughter.

I asked my lawyer, he is saying sometimes it happens.

I am confused.

Any idea what is happening, please help.

Thanks

 

[SVD]

inquiry response

I got the response from Dept of homeland security stating that security checks are pending for this application and hence processing cannot resume until it's over. It does not say what kind of security checks. Inquire after 6 months in case I still don't have a decision on my case.

Does it mean FBI name check ?

 

[slkrk]

We made numerous inquiries about my I140 and so far no update from USCIS. Finally, my attorney informed me that she is going to write a letter to USCIS about my I140 status and she is going to add a line stating that if they do not provide any response this time, our company is going to file a case against them in the court.

She informed me that this letter shouldl not cause any negative impact on my case, but I do not have any other option as it is pending since April 2005 with out any update.

Can you pelase let me know whether any of us happened to ran into the same situation and got any results by writing the letter like this to USCIS.

eb3 (sub labor) PD: 03/2001
I140: RD 04/22/05, last lud 04/26/05, AD:????
I1485: RD 04/22/05. Last lud 02/16/06: Address change, AD:????
FP (code 3) completed on 05/13/05 with out any message change

I contacted the local sentaor's office and they called VSC about my case and it seems my case is peding as VSC folks are wiating for original labor cert and they requested DOL for this.

My case is filed using sub. labor and it looks like my attorney did not use original labor to file my I140 and 485. What are my alternatives.

I talked to my employer and he is going to talk to my attorney and see what they can do for me, but my question is if my employer has the original labor cert, can he send it to USCIS? IF any one of you in this forum ran into this situation, please let me know the steps that you followed.

Thanks in advance for your information.

 

[immi05]

I-140 Pending

Hi slkrk,

I am also in same page, i really don't what is happening???

my I-140 filed in Sept'2005 and not LUD from That Date....

Even USCIS is not giving any ans Also...

Can u send me u r E-Mail ID?? i will send a personal mail...

with my information...

i Found some info about Elimination Of Sub-Labor....


01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007
• Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
• The planned implementation day appears to be April 2007. But it can be earlier!
• If the final rule retains the proposed rule, those pending substitution I-140 cases which fail to obtain approval can be jeopardized!

 

[slkrk]

LC Substitution Elimination Final Rule Making Process

I just saw this news at immigration-law.com and my case is filed with sub. labor and my I140 is still pending. Based on this rule, it may jeopardize my application and I really appreciate if you can provide any other options or things that I can do to avoid the situation.

I already tried to convert my application to premium and my attorney indicated that I can not use the premium process.

>>>>>>>>>>>>
01/30/2007: Clarification of LC Substitution Elimination Final Rule Making Process

After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
>>>>>>>>>>>>>>>>>


Hi immi05, I sent a pribvate message and it has my mail addess in it.

Hi slkrk,

I am also in same page, i really don't what is happening???

my I-140 filed in Sept'2005 and not LUD from That Date....

Even USCIS is not giving any ans Also...

Can u send me u r E-Mail ID?? i will send a personal mail...

with my information...

i Found some info about Elimination Of Sub-Labor....


01/29/2007: Special Alert: DOL Submitted "Final" Regulation of Substitution Elimination Rule to OMB on 01/26/2007
• Since this is a final rule, upon approval by OMB, the elimination of substitution and 45-day validity of certified labor certification will be triggered. Take this message as a very special alert! This rule will not only eliminate substitutition on the OMB approval and release in the Federal Register but also kill the certified labor certification unless it is used within 45 days from the date of certification! Please stay tuned to this web site reporting.
• The planned implementation day appears to be April 2007. But it can be earlier!
• If the final rule retains the proposed rule, those pending substitution I-140 cases which fail to obtain approval can be jeopardized!

 

[GCscare]

SLkrk and Immi05,

If you have not contacted your local congressmen for help, please do so. This may help to move your application faster. I was in similar situation few months back. I contacted local congressmen. Even they were not able to get any answer from USCIS, My I-140 got clearead in Dec06. I think the inquires from congressmen could have triggered something. I was waitng for more than an year. There i sno harm in trying.

I just saw this news at immigration-law.com and my case is filed with sub. labor and my I140 is still pending. Based on this rule, it may jeopardize my application and I really appreciate if you can provide any other options or things that I can do to avoid the situation.

I already tried to convert my application to premium and my attorney indicated that I can not use the premium process.

>>>>>>>>>>>>
01/30/2007: Clarification of LC Substitution Elimination Final Rule Making Process

After we reported this news, we learned that there were some readers who gravely misunderstood the "final" rule making process. They were confused with the "proposed" rule making process. In the final rule making process, there is no comment period before the rule takes effect. On the date when the final rule is published in the federal register, it becomes a binding rule and the rule-making process is complete. Certain provisions in the final rule may take effect on certain specific later date or dates, but the rule itself becomes a binding law on the date of publication of the rule in the federal register. Accordingly, unless the DOL changed the proposed rule, substitution of the beneficiary of the labor certification will be eliminated on the date of publication which includes the substitution of the beneficiary in the pending labor certification by amendment as well as the substitution of the beneficiary in the approved labor certification. For those who filed the substitution I-140 petition, the proposed rule provided that only "substitution approved" on the date of publication of the rule would survive. Substitution approved can be interpreted to mean approval of the substitution I-140 petition. For the 45-day validity of the certified labor certification, under the proposed rule, the certified labor certification on the date of publication was supposed to have 45 days to file the I-140 petitions. For the labor certifications which are approved after publication of the final rule must file the I-140 petitions within 45 days from the date of certification.
The DOL could have changed part of the proposed rules in the final rule and the readers are cautioned to wait for the release of the final rule before they jump into any conclusion and take a misguided action.
>>>>>>>>>>>>>>>>>


Hi immi05, I sent a pribvate message and it has my mail addess in it.

 

[immi05]

Thank you GCScare

Can you please suggest me the process.
if you have any letter format could you please let me know ...

 

[GCscare]

Immi05,

contact your local congressmen's office(on phone or personal visit) and explain ur situation. They may require your employer to authorize them to send an inquiry. Ask them the format if htey need any authorization

My congressmen just asked a single line letter from my manager to authorize them to send an inquiry.

There inquiry can expedite the case. I tried after waiting for 9 months with lots of complication and our lawyer just wanted to wait and do nothing.

Even congressmens office was not able to get the right answers for 3 months. They almost gave up after few inquiries. But all of a sudden it got cleared in Dec.

Best of Luck

Can you please suggest me the process.
if you have any letter format could you please let me know ...

 

[ybyreddy]

Got the responce to the case status enquiry

I got the responce on Feb 01,2007 from USCIS for the case status enquiry I made in Nov 24,2006. (Turnarround is about 2 months)

The letter dated Jan 30,2007 addressed to me states 'The procssing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required checks remain pending
......
If you have not recived a decision or the notice of action fro mus with in 6 months of this letter, pleae contact ...
.....

Sandra T Bushey
Acting Center Director '.

Hi All,

I could able to open a status query last friday by following the below quoted directions. I immidiately got connected without waiting. They asked me the EAC# and A#. I did not have the A#, but they said it is OK. They too wondered about what happend on my case since the processing dates(02/2006) are much ahead of my 485 receipt date(09/30/2005) and offered me to open the status query. They took my home address and gave me the status enqirey number.

I will update you all as soon as I get some info from them.

Wish you all the best and happy holidays,

Thanks,