Finally approved after 4 1/2 years
PD 12/18/1997
RD 06/01/2001
ND 07/13/2001
RFE 06/05/02 (Birth Affidavits for wife. Marraige Certificate and Birth Certificate translation for son).
RFE response received by NSC on 6/29/02
AD 07/10/02
LIN 01-219-xxxxx
EB3-IL-IND
For those who care about my roller-coaster journey, here goes...I apologize if it seems too long or too personal. I had to get it off my chest.
Late Sep 1995 - Came to this great land with wife and 6 week old son.
Mid July 1997 - After a couple of job switches I started employment with initial GC sponsor, a fairly reputed public IT consulting organization - Company A on 7/14/1997
Early Dec 1997 - After various delays within company and attorneys (boy, do I kick myself now for not vigourously following up then), Labour finally applied under EB3 RIR in Chicago. Received a PD of 12/18/1997
Early April 1999 - After almost a year and a half, labour certification approved. However, due to delays in receiving the final determination of the labour certification, more company and attorney lead times, there was a crucial delay in the I-140 filing, one which affected me adversely.
Early July 1999 - Priority dates for August 1999 announced. All EB categories for India became current. They would stay current for the next several months.
Late July 1999 - I-140 applied with NSC. Estimated processing time was 6-8 months.
August 1999 to March 2000 - I-140 was pending when priority dates remained current for all EB categories
March 10th 2000 - A black day. Priority cutoff dates for April announced. Dates for all EB categories retrogressed big time. EB3 - India retrogressed to 1/1/1997.
April 3rd 2000 - I-140 approved, 3 days after I became ineligible to file I-1485, an excruciating "just miss" that cost me dearly. Now began the painful wait for my PD to become current.
Employment wise, until now everything was hunky-dory. Economy was good. Projects were found aplenty. Could not dream that things would go south so quickly from here.
Early April 2000 - Company A trying to postion itself to take advantage of the spoils offered by the 'internet era' merged with a new economy 'darling', Company B and formed Company C.
April 2000 to October 2000 - The merger was badly timed (with the slumping economy) and badly managed. The downturn started. All this time the EB cutoff dates hardly moved.
Early October 2000 - With my H1 6 Year limit looming in less than a year (Sep 2001), the passing of AC21 act provided me a lot of relief with H1 7th year extension and the I-140 portability clauses.
Late October 2000 - Company C badly missed Q3 expectations and layoffs started. Between November 2000 and March 2001 the company shed almost 80% of it's staff. During this time I managed to hold on. It was a very tough period with so much uncertainty. The only bright spot during this time was the birth of our 2nd son in November 2000.
March 11 2001 - Priority dates for April 2001 announced. EB3 India cut-off progressed to Feb 98. Finally, I was eligible to file I-485 in April 2001. But would Company C survive long enough. It was going to be a nail-biter.
March end 2001 - New Hope. With Company C on the verge of bankruptcy, Company D, a bottom feeder on an acuisition spree, acquired some of the 'not-doing-so-badly' parts of Company C. Thankfully, I was one of the acquired employees. However, due to transition to new attorneys and with other immigration issues getting a higher priority at Company D after the acquisition, our I-485's were not filed right away. More time wasted and a painful delay after waiting 1 year for my PD to become current.
Mid May 2001 - As required after the acquisition, I-140 amendment filed with NSC by Company D.
Late May 2001 - I-485s finally sent to NSC (RD 6/1 ND 7/13)
Early August 2001 - Still more hiccups - RFE generated for I-140 amendment (successor of interest questioned). If the I-140 amendment was rejected for any reason, the I-485s would be invalidated. Attorneys had to lobby with INS HQ to issue directives to NSC to approve amendment. RFE response received by NSC on 11/04/2001
Mid December - I-140 amendment finally approved on 12/18/2001 (7 months after it was applied). Finally the I-485 was valid.
I was able to breathe easy now with the I-140 amendment approved; 6 months completed after I-485 filing; finger-printing completed and EAD in hand. By this time Company D started a gradual decline with layoffs and pay-cuts.
Mid May 2002 - After a frustrating 2 months of inactivity at NSC where the I-1485 processing dates were tantalizingly close to my RD of 6/1/01, I got through to an IIO at NSC who told me "Wait 2-3 months more for your case to be picked up".
Early June 2002 - RFE generated for Spouse and son for birth affidavits on 6/5/2002. RFE responses received by NSC on 6/29/2002
July 9 2002 - Again got through to IIO who told me this time "Your case will be re-assigned in 30 days and it may take a couple of weeks after that for the decision".
July 11 2002 - On a dull evening, with nothing to do, I call up the AVM number. Almost mechanically, I punch in my LIN number, just as I had a hundred times before. The response - "This case is approved". Cannot believe it. Must be a mistake. Just 2 days back the IIO told me 30-45 days. Must have punched incorrectly. With my heart thumping, hands shivering and fingers quaking I try again. Same result. Punch in my wife's LIN. Approved. My son's. Approved. I drop the phone and let out a yell of delight "EEEEHA". My wife's staring at me as though I've gone mad. Approved.
A long arduous journey comes to an end. My wife is relieved that I will not be pacing around the house like a caged animal. My older son, now 7, who has lived here all but a 3 months of his life, can finally call it home.
We can finally move on. No more uncertainity.
I remember the dark days of Winter 2000-2001, when holding my infant son close to me, putting him to sleep, was the only way I could get my mind off all the uncertainity that was out there.
I remember looking forward to Fridays because "They usually do not lay-off on Fridays"
I remember the days sitting huddled up in my cubicle hoping my phone did not ring as people in the next cubicle were being called for their pink slips.
In retrospect, after the horror stories of some of my (now ex) colleagues, I do consider myself lucky in being able to stay with the same job through-out the process. It all worked out in the end.
A new begining for us and the we look forward to the future with renewed exuberance and optimism.
As a regular visitor/poster to this forum for the last 3-4 years, I do not plan to stop now. I will continue to visit and post and share experiences. Many thanks to Rajiv Khanna for providing this forum and to greaty-K for the outstanding tracking utilities at rupnet.com.
Good luck to everyone else waiting out there. Your time will come.
PD 12/18/1997
RD 06/01/2001
ND 07/13/2001
RFE 06/05/02 (Birth Affidavits for wife. Marraige Certificate and Birth Certificate translation for son).
RFE response received by NSC on 6/29/02
AD 07/10/02
LIN 01-219-xxxxx
EB3-IL-IND
For those who care about my roller-coaster journey, here goes...I apologize if it seems too long or too personal. I had to get it off my chest.
Late Sep 1995 - Came to this great land with wife and 6 week old son.
Mid July 1997 - After a couple of job switches I started employment with initial GC sponsor, a fairly reputed public IT consulting organization - Company A on 7/14/1997
Early Dec 1997 - After various delays within company and attorneys (boy, do I kick myself now for not vigourously following up then), Labour finally applied under EB3 RIR in Chicago. Received a PD of 12/18/1997
Early April 1999 - After almost a year and a half, labour certification approved. However, due to delays in receiving the final determination of the labour certification, more company and attorney lead times, there was a crucial delay in the I-140 filing, one which affected me adversely.
Early July 1999 - Priority dates for August 1999 announced. All EB categories for India became current. They would stay current for the next several months.
Late July 1999 - I-140 applied with NSC. Estimated processing time was 6-8 months.
August 1999 to March 2000 - I-140 was pending when priority dates remained current for all EB categories
March 10th 2000 - A black day. Priority cutoff dates for April announced. Dates for all EB categories retrogressed big time. EB3 - India retrogressed to 1/1/1997.
April 3rd 2000 - I-140 approved, 3 days after I became ineligible to file I-1485, an excruciating "just miss" that cost me dearly. Now began the painful wait for my PD to become current.
Employment wise, until now everything was hunky-dory. Economy was good. Projects were found aplenty. Could not dream that things would go south so quickly from here.
Early April 2000 - Company A trying to postion itself to take advantage of the spoils offered by the 'internet era' merged with a new economy 'darling', Company B and formed Company C.
April 2000 to October 2000 - The merger was badly timed (with the slumping economy) and badly managed. The downturn started. All this time the EB cutoff dates hardly moved.
Early October 2000 - With my H1 6 Year limit looming in less than a year (Sep 2001), the passing of AC21 act provided me a lot of relief with H1 7th year extension and the I-140 portability clauses.
Late October 2000 - Company C badly missed Q3 expectations and layoffs started. Between November 2000 and March 2001 the company shed almost 80% of it's staff. During this time I managed to hold on. It was a very tough period with so much uncertainty. The only bright spot during this time was the birth of our 2nd son in November 2000.
March 11 2001 - Priority dates for April 2001 announced. EB3 India cut-off progressed to Feb 98. Finally, I was eligible to file I-485 in April 2001. But would Company C survive long enough. It was going to be a nail-biter.
March end 2001 - New Hope. With Company C on the verge of bankruptcy, Company D, a bottom feeder on an acuisition spree, acquired some of the 'not-doing-so-badly' parts of Company C. Thankfully, I was one of the acquired employees. However, due to transition to new attorneys and with other immigration issues getting a higher priority at Company D after the acquisition, our I-485's were not filed right away. More time wasted and a painful delay after waiting 1 year for my PD to become current.
Mid May 2001 - As required after the acquisition, I-140 amendment filed with NSC by Company D.
Late May 2001 - I-485s finally sent to NSC (RD 6/1 ND 7/13)
Early August 2001 - Still more hiccups - RFE generated for I-140 amendment (successor of interest questioned). If the I-140 amendment was rejected for any reason, the I-485s would be invalidated. Attorneys had to lobby with INS HQ to issue directives to NSC to approve amendment. RFE response received by NSC on 11/04/2001
Mid December - I-140 amendment finally approved on 12/18/2001 (7 months after it was applied). Finally the I-485 was valid.
I was able to breathe easy now with the I-140 amendment approved; 6 months completed after I-485 filing; finger-printing completed and EAD in hand. By this time Company D started a gradual decline with layoffs and pay-cuts.
Mid May 2002 - After a frustrating 2 months of inactivity at NSC where the I-1485 processing dates were tantalizingly close to my RD of 6/1/01, I got through to an IIO at NSC who told me "Wait 2-3 months more for your case to be picked up".
Early June 2002 - RFE generated for Spouse and son for birth affidavits on 6/5/2002. RFE responses received by NSC on 6/29/2002
July 9 2002 - Again got through to IIO who told me this time "Your case will be re-assigned in 30 days and it may take a couple of weeks after that for the decision".
July 11 2002 - On a dull evening, with nothing to do, I call up the AVM number. Almost mechanically, I punch in my LIN number, just as I had a hundred times before. The response - "This case is approved". Cannot believe it. Must be a mistake. Just 2 days back the IIO told me 30-45 days. Must have punched incorrectly. With my heart thumping, hands shivering and fingers quaking I try again. Same result. Punch in my wife's LIN. Approved. My son's. Approved. I drop the phone and let out a yell of delight "EEEEHA". My wife's staring at me as though I've gone mad. Approved.
A long arduous journey comes to an end. My wife is relieved that I will not be pacing around the house like a caged animal. My older son, now 7, who has lived here all but a 3 months of his life, can finally call it home.
We can finally move on. No more uncertainity.
I remember the dark days of Winter 2000-2001, when holding my infant son close to me, putting him to sleep, was the only way I could get my mind off all the uncertainity that was out there.
I remember looking forward to Fridays because "They usually do not lay-off on Fridays"
I remember the days sitting huddled up in my cubicle hoping my phone did not ring as people in the next cubicle were being called for their pink slips.
In retrospect, after the horror stories of some of my (now ex) colleagues, I do consider myself lucky in being able to stay with the same job through-out the process. It all worked out in the end.
A new begining for us and the we look forward to the future with renewed exuberance and optimism.
As a regular visitor/poster to this forum for the last 3-4 years, I do not plan to stop now. I will continue to visit and post and share experiences. Many thanks to Rajiv Khanna for providing this forum and to greaty-K for the outstanding tracking utilities at rupnet.com.
Good luck to everyone else waiting out there. Your time will come.