Concurrent filing 140/485 Tracker-CSC

Jharkhandi

Registered Users (C)
Ananya123 said:
Thanks for the replies.
I will write my visa as H1 and title as s/w engr(I have to find out with my employer)

Are they going to ask me to submit pay stubs now or later which I donot have. Am I going to get a query about any extra things later on.
As I am applying as a derivative applicant, do I have to think about other things.

Please provide me with yout inputs.
H1 approval doesn't means you are employed. All that it means is that you are qualified to be employed. If you have not yet joined your H1b sponsors - you are still on H4 visa. BUT if you have joined your sponsors and got a single pay-cheque from them - you are not!

Usually derivatives do not face such issues on RFE but nowadays things are going differently - I would advice caution.
 

Jharkhandi

Registered Users (C)
Ananya123 said:
Well, I am putting as H1 and housewife as occupation. From march, I have valid H1 visa
I did work for couple of weeks on corp to corp. I am expecting my pay cheque next month if my employer gets paid.
If I get an RFE probably I can tell them that I am pregnant now and cannot work and staying as housewife, and if at all I get my pay stub, I will include that pay stub too. If they want I can submit a letter from the doctor stating that I am pregnant and need bed rest.

Do you think that works?
So you are on H1b visa then.

It will be messy. Ask your lawyer's opinion - I strongly belv you should not write anything other than your official designation(housewife - no, never). Since you have been paid for some time, you can show current period as a leave without pay.

Also check your state's labor dept rules - some states make it mandatory to pay on maternity leave - some for dads too(for some time). If your state has some rules like that then, if asked, maintain that you volunteered to take leave without pay(verbally as well as in writing). If you think there is any issue with it - then better to get on H4. Also bear in mind that to be legal on H1 you need to be paid 183 days in a year.(more than 50% time in a year).
 

immportuser

Registered Users (C)
06/23 processing dates

Well the dates are out and no big surprises as expected. BCIS doesn't want to surprise people. Or are they thinking that since people doesn't like changes lets leave'em there?


485 is advanced by a month from 06/01. its now 05/15/2002

wait continues..
 
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bnikita

Registered Users (C)
FP Notice

Hello All,
My details
EB2
I140 RD:9th April 2004
I485 RD:4rd June 2004
EAD: Pending
AP: Pending
FP : Scheduled 26th July 2004
I have sent my passport for revalidation. On the notice letter, it says bring ur PP for identification. Is it ok to take Drivers license? Scheduled time is 8.00am. How early do we have to go for this? Any forms that we need to fill or fees?
Also, I only have a A#. How do you check the status for 485 (EAD,AP and FP)? I have a WAC # for 140.

Nikita
 

takegc

Registered Users (C)
Nikita,
It is ok to take just the Drivers licence as identification.
15 min. early will be good.
you would need to fill up a small form at the center. Just make sure to take the FP notice with you.
You should get the receipt notices for EAD, AP separately. I do not think you can check the status online using the A #.
-takegc
 

candie

Registered Users (C)
Let's fight againt CSC's pilot program

I have drafted the letter below to fight againt CSC's stupid pilot program. Anyone who are capable of writing, please polish it as much as you can.
I suggest we send the letter to as many congressmen as possible, in order to seek a solution. As AILA points out, CSC's unfair practice will create a class of application who file I-140/485 earlier. I assume we can find a way to sue CSC as a class if our seek of solution does not work.


Dear Honorable Senator/Congress(wo)man <XXXX>

Subject : Request for addressing the backlog for Employment based I-140/485 applications

We want to draw your attention to the excruciatingly slow and random progress of I-140/485 applications California Service centers.

We are happy that the congress men like you have put enough pressure on US CIS (formerly known as INS) to reduce the backlog of immigration applications. We are aware of the recent presentations of Mr Eduardo Aguire, the honorable director of Unites States Citizenship and Immigration Services, about the backlog reduction plan. After reading the backlog reduction plan and the milestones, we would like to make the following submissions to you.

1. Random Processing
In May 2004, California service center (CSC) introduce a pilot program for concurrently filed I-140/485. CSC has stated that people who concurrently filed I-140/485 cannot even withdraw and refile to take the advantage of the pilot program. Therefore, the total effect is that CSC process new filed I-140/485 while leaving many more old applicantions on the shelf. This is totally unfair for those who have waited there for years. We have seems quite a few people who wait for their I-140 for a year or so (the whole waiting on green card for four years or so) got layed off and the whole four years of waiting is wasted. We have also saw many people who filed in 2004 got all their I-140/485 approved.

The logic of I-140/485 is to process new cases first so that they do not have to file EAD/AP application, that will save CSC resources. However, leaving the old I-140/485 on the shelf for years will force many of them to file EAD/AP more than once, which will create CSC the same amount of work. Therefore, I think they idea of this pilot program is totally unreasonable and should be stopped as soon as possible. Basically, CSC serves the people who comes later and lets those on the front of line wait for more years. This simply does not make logical sense.


2. Manipulating Average Cycle Time
In their recent backlog reduction plan milestones, US CIS has shown that they will bring down the average cycle time to 20 months by the end of FY2004. The average cycle time was defined as the average time taken, over the last 12 months, to approve an application. Currently Vermont Service Center is showing the official processing date as 02/15/2002. That means that on an average, official time taken to approve the application, is more than 28 months. We are wondering how the average can come down to 20 months within the next 3 months . If the applications are processed in a serial manner, then to achieve the average processing time of 20 months by September’30 of 2004 (FY2004), the official processing date has to advance to 01/31/2003. It is just hard to believe that they can advance the current processing date by almost 1 year within the next 3 months. Based on recent approval trend, we believe that US CIS is trying to achieve the target results by approving a large number of very recently filed applications so that it will bring down the average cycle time because the average cycle time depends on the wait times of the approved cases in the last 1 year. This is a highly manipulative method chosen by US CIS to show the congress that the backlogs are reducing where as the applications pending for more than 2 years are not going to see much change in the pace of approvals.

3. RFE Delays
In most of the cases, US CIS is asking the applicants to submit certain documents before approving the case. We have recieved several complaints from our members who have submitted all the required information in a timely manner and still could not get any decision from US CIS for more than 3 months. We request that US CIS should adjudicate such cases within 30 days of receiving the response from the applicants.


We believe that US CIS, especially CSC with the unreasonable pilot program is accountable to the United States Congress and our only hopes of justice in this land of fairness, rest with a representative like you. We request you to ask US CIS to address the above concerns correctly. We will be looking forward to favorable action from US CIS. Please let us know if you have any questions.

Regards,
( )
 

needluck4GC

Registered Users (C)
Candie,

This is a good idea. CSC hasn't processed EB2 applications for almost a year and it's extremely unfair for us whose applications were filed last year.

As far as I know CSC should have monthly liason meeting with lawyers. I'd like to know if anyone whose lawyer attends that meeting? If your lawyer does, can you provide us the 1st hand information regarding this issue? Also, we should let the CSC know that we deserve the fair process and we shouldn't wait any longer.

Everyone in this forum who has suffered the same pain as us, please come out an idea to help ourselves.

Needluck
 

immportuser

Registered Users (C)
CSC processing

my attorney told me that they are now doing "concurrent adjudication" for sure. i guess they are also doing pilot program by completely ignoring old concurrent/non concurrent apps, which makes all people who applied before mar 2004 just sit and watch the new apps get approved.

have we seen any 140 approvals in last 4 months be it whatever concurrent or nonconcurrent.

i hope they atleast approve 140 so people can move along with new jobs and not to mention restarting this whole crap if they get laid off.
 

desi145

Registered Users (C)
Hi Candie,needluck4gc,
I would definitely like to participate in this campaign. my 140 has been pending since 8/8/03. I applied for hoping to go through CP route..but lost all hopes and applied for 485...Even at this pace of 485, if I get only 140 approved, I would still go to CP...bcuz 485 may get stuck again ( most probably after election). The pilot programs, 6 months processing time are all election propaganda!! These are all BS(Bush S***).
Count me in!
 

eb2dec

Registered Users (C)
Processing times for EB3 concurrent filing

Does anyone have information on the processing times for EB3 concurrent I140/485 applications ? I am about to file both the I140 and 485 concurrently and am wondering what realistically would be my waiting time (esp. the I-140)
Thanks
 

Nkelkar

Registered Users (C)
How and who decided if an application is EB2 or EB3
My case
My education = Masters + 10yrs experience 5 yrs of that 10 in IT
My LC requirement is BS + 2yrs IT experience + 2yrs Relevant Experience.

Would I qulaify for EB2???

Also,
I had my labor approved in CA in may. had the medicals done and sent documents over to the Lawyers last week, They would be filling 140/485 concurrently sometime next week.
Meanwhile I just heard that my Labor from Chicago also has been approved.
I am trying to figure out where should I file 140/485 from.
 

Wishes&Luck

Registered Users (C)
Fingerprinting

Hi All,

I just got my fingerprinting notice. Can someone guide me please what am I suppose to do ? They have given me a date and a time.

I just need to go there and get my fingerprinting done?

Is it a simple procedure or I need some special documentation?

any advice would be good.

thanks
 

Nkelkar

Registered Users (C)
My lawyers will be filling 765, 485, 131 and G-325A this week.
Already did my medical, so it will be a true concurrent filling , all in one packet.
 

jim24

Registered Users (C)
Did you I485 approved???

Could please you update your case status? Look like your case should be first case in the CSC Pilot program.
There are couple of cases with RD:04/13/2004 and 04/29/2004 have been approved under Pilot Program. My case EB2 Concurrent with Rd:04/12/2004 is still pending.



unendingwait said:
Hi All,

My I140 and 485 were filed on April 2nd 2004 (Concurrent EB2). I got I140 approval notice on 30th April 2004. My company is very big global firm.

FP, AP, EAD still pending.

Seems things are moving very fast.
 

tobi2004

Registered Users (C)
EB2 requirement???

Hello Gurus,
What are requirements for EB2?
Should the labour certificate say 5+ years experience is required or
if you have 5+ exp, it is enough?
What happens if you apply in EB2 , will it be declined or rejected?

Thanks in advance for your comments.

-tobi
 

bnikita

Registered Users (C)
Hello all,
My EAD got approved and its showing me this online.
"On July 8, 2004, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready."
Can someone tell me how much time does it take to get the EAD card in our hand?
AP is also approved and mailed. How much time does this take?
Thanks
Nikita

140 RD: April 2004
485 RD: June 2004
AP, EAD: Approved July 2004
FP Notice: July 2004 (Scheduled for 26th)
 
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kmd7186

Registered Users (C)
EAD Approved

According to online status my EAD is approved.The status is saying
"This case has been approved. On July 14, 2004, an approval notice was mailed. If 14 days have passed and you have not received this notice, you may wish to verify or update your address. "
MY RD Date for I-140/I-485 Concurrent filing is May 6, 2004
My Notice data is May 13 2004.
My FP was done and I-485 status says "On July 13, 2004, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case."
Update: I got my EAD card in mail yesterday.
Thanks,
kmd7186
 
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Swana

Registered Users (C)
Semi Concurrent approved

Hi All

Thank you all for your help and information in this forum.

My I140 and I485(both spouse and self) got approved yesterday. Info below.

I140 - WAC 03 179 5xxxxx
ND - May 28 2003
AD - July 21 2004

I485 - WAC 04 003 5xxxx
ND - Oct 06 2003 and Oct 08 2003 (For some reason had Notices)
AD - July 21 2004.

FP - Apr 6th 2004

LUD update
I140 - May 28 2003 to May 03 2004
I485 - Oct 03 2003 to Apr 8th 2004 to May 03 2004

LUD changed to May 03 2004 when Ohata Memo was released. Probably since FP was cleared by that time, all 3 apps where put in the same shelf.

No EAD / No AP / No RFE.
Had called NCSC to verify address, but was denied since I am the beneficiary.
Semi Concurrent Filing.
EB1 - C - MultiNational Manager.
Had been with the same employer, same project since Aug 98 from India. Since Jan 2000 from USA. Initially on L1B, converted to L1A during Feb 2003.

Hope this helps and Thanks again.
 
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