Analysis regarding VSC Processing dates

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Kishore_l

Registered Users (C)
Hello Guys,

I read so many posts with frustration regarding the new processing date posted by VSC. I just thought of sharing my point of view and analysis.

Earlier I also felt that, these dates doesn't make much sense, but I feel there is some logic behind it. Since my case was also left untouched for quite sometime, I did a small analysis, sampling and this what I found out or interpreted.

1.When they publish new set of dates, you will see a set of "approvals" in and around that date.(I'st Wave) - Staright forward appications, computer science degrees, if non-computer sceience degree then Education matches ETA 750, company has ability to pay,Getting paid the proffered wages, no issues with experience etc..

2. Then you will see a set of "RFE" for the previous set of applications , whose ND is in and around of previous processing dates , I would say 2-3 and RFE's are Mostly about Educational Evaluation or ability to pay.(2'nd wave)

3. If your case is still untouched, then check with your company, if they have received any RFE for other employees whose application has been applied before you. If RFE is regarding ability to pay, Let them respond to the other RFE and your officer might be waiting to see company's financial statement. Maintain your paitence, let your company respond to the other RFE's. (You might see changes in LUD, with no change in status message). I would not suggest to initiate an status enquiry

4. You might see random approval's (sometimes without RFE and mostly with RFE), as your case might be slightly complicated or they need some senior officer to interpret your application or the officer is in good mood (???!!!).

5. If you feel your application is straight forward With proper education which meets ETA 750, Proper documentation for your experience, you are getting paid the proffered wage, Company's financial status is good and there is no outstanding RFE in your company for any employees (especially ability to pay), then go for the "Status Inquiry".

I have also posted a poll related to status Inquiry, please feel free to cast your vote, so that we'll know "when to or if to" initiate a status enquiry.

http://boards.immigration.com/showthread.php?t=136089

Please feel free to share your thoughts or correct me if I am wrong.

Thanks,
 
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Good Analysis

This is quite good analysis, all the people who got approved in Year 2004? Do you agree with this?? Is your cases are simple and without labor sub? Please let us know.

All people whose 140 is not approved? Do you think your case is complex and more important is your cases labor sub???
 
I agree, i do not know if my case is a complicated one. But mine is labor substitution :)

Still waiting

EAD/AP/140/485 --> ND 10/17/03

No LUD change
 
Quite a few LC substitution cases filed in 2004 are getting approved. What could be causing the complexity besides LC substiution if you have a BS degree in Computer Science?
 
Kishore analysis is quite currect it seems.

my LUD updated on 08-09-2004 and 08-10-2004 both days. but no change in mesaage. one of my friend, who applied before me a month through same company, got RFE. they said they need additional docuentation. not sure, what they are asking, attorney did not get RFE yet.

my notice date for I-140 and I-485 is 09-23-2003.
 
Lets track....

Mine is Labor Sub and nothing has changed. filed on Jan 9th 2004. I think i missed the first train.
And I do not know, when the next train of 140 is going to come. Hope i will have a seat in that.
 
hrithikroshan11 said:
Quite a few LC substitution cases filed in 2004 are getting approved. What could be causing the complexity besides LC substiution if you have a BS degree in Computer Science?
Click to expand...

If its a LC, ETA 750 should match , which includes Education and experience. Most of them get struck here, as they may not have a Computer science Degree. As our gurus stated on other threads, it all depends upon how smart attorney is, in wording it properly and using as key word as "Equivalent". To my little knowledge, many attorney's miss that part and we're stuck with a RFE.

Secondly, "ability to Pay", most of us may not be getting the proffered wage or Promised wage on Labor, due to several reasons, say economy, job market, demand & supply. Since most of us are in the filed of cosulting, they may be working as an hourly rate employee and may not be getting paid for their vacation or bench time.

Thirdly, if company has promised high salary for many employee and they have applied for green card for multiple people, then it may be a problem, if the company doesn't have a good financial strength.

Fourth, Many small consulting companies pay their employees per-diem or expense re-imbursement as part of their wage. Mainly employer is benefited by this deal as they are reducing their payroll tax and in turn will deduct from their corporate tax or individual tax return as an expense. It affects employee in 2 folds a) their net income is low (due to deductions) b)Your taxable income is low, as part of your pay is an allowance.

Fifth, if you have used combincation degree (3 yrs + 1 year Diploma) or experience, then you need to have proper documentation for your experience. You wouldn't see much of these RFE's, as most of them have proper documentation.

Sixth, if you are lucky enough, they might just ask you to switch from EB2 category to EB3 category, in which case your case will be approved on receipt of your response or acceptance.

Missing documentation - Mostly in LC substitution case asking for original labor and in regular cases, if you have missed company financials.

Personally, I wouldn't say LC substitution are complex cases, as long as you word it properly and justify it properly. I would say, If I have visited this forum prior to applying for my GC, I would say getting GC is a piece of Cake. Its such a wealth of information from many gurus like Jharkandi, nemisis, joyd, unitednations etc..(I can't name everyone as there are so many)

Unlike us, suggest all your friends to go through this forum before submitting their GC papers and I am positive they will clear all stages without any queries.

Even I would say, if someone takes the time and pain to compile a document "How to Apply for GC" just from this forum, I believe they will be the best attorney in US for immigration and that compilation will serve as "Bible for Immigrants".

Thanks,
 
Mine is a labor sub and the LUD changed to 08/06/2004 and no news after that. My company intentionally did not provide my education evaluations because they think getting a RFE is better as cases definitely get approved in a month after replying to RFE ( :confused: :p ;) :D wierdo logic ..)

I am a 4 year computer sc eng degree holder and an MBA (which I will get evaluated to be equivalent to MS ;) ) .. and I am 99.99% sure I am getting a RFE for education evaluation ...
 
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My Education is B.Sc(maths) and Master's diploma in NIIT(3 years)
Filed in EB3 in Jan,2004
Not yet Approved or no change in LUD
Submitted all the evaluation papers while filing for GC but my friends at office are advising me to get ready for REF regarding Evaluation.
 
sree234 said:
My Education is B.Sc(maths) and Master's diploma in NIIT(3 years)
Filed in EB3 in Jan,2004
Not yet Approved or no change in LUD
Submitted all the evaluation papers while filing for GC but my friends at office are advising me to get ready for REF regarding Evaluation.
Click to expand...

Most probably...If I am not wrong, most of the attorney's mention in ETA 750 as "Bachelors Degree in Engineering or computer science" specifically, which triggers these kind of RFE's related to education. Lets hope that your attorney, has mentioned "Bachelors Degree" or "Equivalent", if that's the case you may not get a RFE. Not to discourage you, but lately USCIS is not considering NIIT or SSI diploma's as equivalent. Bachelors Degree in US is 4 years of education and in india BSC is 3 Years, so be prepared.

First, I would suggest you to review your ETA 750, regarding the job requirement and how your attorney has worded. Some attorney's are smart enough to say 16 years of education instead of "Bachelors Degree", in which case, your's is a straight forward case. Check your ETA 750 and just analyze.

Thanks,
 
:mad:
My attorney mentioned my Qualifications as Bachelor degree in science.
I don't know what he mentioned in the requirements for that position.
 
other factors?

The analysis makes sense. My March 1st case (actually, it's my husband's. I'm the "dependent spouse" :rolleyes: ) was a simple one, no labor sub, no education or pay issues. It was approved last week.

I do wonder if there might be other factors at play here, like state of residence or nationality. Has anyone ever tried to check if applicants from some countries are prone to a longer wait in either 140 or 485?
 
gaia said:
The analysis makes sense. My March 1st case (actually, it's my husband's. I'm the "dependent spouse" :rolleyes: ) was a simple one, no labor sub, no education or pay issues. It was approved last week.

I do wonder if there might be other factors at play here, like state of residence or nationality. Has anyone ever tried to check if applicants from some countries are prone to a longer wait in either 140 or 485?
Click to expand...

Yes it matters sometimes, if you are from a country which requires you to register with DHS and if you haven't, it might take sometime or may get an RFE, but other than that, I do not see any other reason for faster or delayed approval. I don't think state of residence or nationality plays any role @ the stage of 140. Gurus, please comment..............
 
Kishore_l said:
Yes it matters sometimes, if you are from a country which requires you to register with DHS and if you haven't, it might take sometime or may get an RFE, but other than that, I do not see any other reason for faster or delayed approval. I don't think state of residence or nationality plays any role @ the stage of 140. Gurus, please comment..............
Click to expand...

I think it is playing a big role at I140 stage or even for EAD/AP now a days. At least I can see in my case, (I-140 RD 5/2003). 140 RFE was generated for spl registration compliance last month. Its been now 15 days now approval yet. :( :confused: :mad:
 
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