CSC August 2005 Filing I-140 Tracking
- Thread starter gp111
- Start date
GC_Jogi, praslimmi, Esfahan, pan4GC
Is their any update on your side. We are the only people in August (EB-2) without any update. I had LUD on 1/31. But never heard anything from the lawyer or uscis. Though it is consistent with the dates published (Aug - 16), worrying a bit until we see something.
Regards,
Raj.
Is their any update on your side. We are the only people in August (EB-2) without any update. I had LUD on 1/31. But never heard anything from the lawyer or uscis. Though it is consistent with the dates published (Aug - 16), worrying a bit until we see something.
Regards,
Raj.
Atleast 2 approvals today that have ND in sept-2005.
I don't really care CSC published processing date. watching these approvals gives me lot of hope for my case. Keep my fingers crossed.
I don't really care CSC published processing date. watching these approvals gives me lot of hope for my case. Keep my fingers crossed.
ronniin said:Hi all
Got an email few mins ago.
I-140 approved.
EB2: Sub Labor
RD: 9/1/05; AD: 2/8/06
Haven't received FP notice yet though
I'll move on to I-485 thread now..
Rgds
azamani123
Registered Users (C)
thank you
perm_faq
thank you so much.
yes I think I will go to this trip. I know that it is risky because I will lose my H1 status. but I don't know exactly what will happen if I came back and I lose my job then I have to have new H1B stamp which it means I should leave again is that right? if yes, then what the EAD means. I can not work with EAD without valid H1B?
perm_faq
thank you so much.
yes I think I will go to this trip. I know that it is risky because I will lose my H1 status. but I don't know exactly what will happen if I came back and I lose my job then I have to have new H1B stamp which it means I should leave again is that right? if yes, then what the EAD means. I can not work with EAD without valid H1B?
perm_faq said:azamani123
There is no hard and fast rule to say when does CSC sends out FP notice. As you may have seen so many people complaining about "not receiving" FP notice though they have received EAD/AP and even I140 got approved. It doesn't matter you are from a retrogressed or non-retrogressed country. If you are in CSC Jurisdiction, then you will face the same kind of delays (in FP) as others. Only it matters in 485 stage, if you are from non-retro country. Other than that there is no special handling..
Here is some idea(s) may that can help you to get rough idea about that.
1. Try calling CSC Cust. Service and ask them what is the next available appointment for fingerprints at your local ASC. That will give you worst case or minimum duration, if they ship your FP notice immediately [though there is no guarantee].
2. Lets say, if you miss the appointment date for whatever the reason. You can call them back and re-schedule it.
Consider the above options, if you *really wanted* to take overseas trip.
azamani123
You are welcome.
Please read my other post earlier... regarding using EAD/AP and its side-effects on H1B.
Just in short:
If you re-enter the country using AP, then you would forfeit your earlier H1B and you will need to use EAD to work for the same employer or any other employer[meaning... you have submit work authorization form to your HR, mentioning Alien "A" number]. At a later date, if you decide to switch back to H1B, then you will have to leave the country and re-enter with valid H1B visa stamp in passport.
You are welcome.
Please read my other post earlier... regarding using EAD/AP and its side-effects on H1B.
Just in short:
If you re-enter the country using AP, then you would forfeit your earlier H1B and you will need to use EAD to work for the same employer or any other employer[meaning... you have submit work authorization form to your HR, mentioning Alien "A" number]. At a later date, if you decide to switch back to H1B, then you will have to leave the country and re-enter with valid H1B visa stamp in passport.
azamani123 said:perm_faq
thank you so much.
yes I think I will go to this trip. I know that it is risky because I will lose my H1 status. but I don't know exactly what will happen if I came back and I lose my job then I have to have new H1B stamp which it means I should leave again is that right? if yes, then what the EAD means. I can not work with EAD without valid H1B?
azamani123
Registered Users (C)
perm_faq
yes exactly this is the point which I don't understand.
if I will be able to use EAD to continue to work with my existing company or to switch to another company why I will probably need again to go back to the H1B status?
and also I read your previouse posts. thank you..
yes exactly this is the point which I don't understand.
if I will be able to use EAD to continue to work with my existing company or to switch to another company why I will probably need again to go back to the H1B status?
and also I read your previouse posts. thank you..
perm_faq said:azamani123
You are welcome.
Please read my other post earlier... regarding using EAD/AP and its side-effects on H1B.
Just in short:
If you re-enter the country using AP, then you would forfeit your earlier H1B and you will need to use EAD to work for the same employer or any other employer[meaning... you have submit work authorization form to your HR, mentioning Alien "A" number]. At a later date, if you decide to switch back to H1B, then you will have to leave the country and re-enter with valid H1B visa stamp in passport.
Nothing on my side so far, not even a LUD. Guess our cases must have been assigned to one of the slowest adjudicators. I wouldn't worry too much until the official date passes mine. However seeing the Sept approvals pouring out really agitates me.
Fingers crossed...
Fingers crossed...
rajrw said:
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azamani123
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You can remain on EAD with-out H1B forever. Meaning.... you renew EAD/AP as and when it expires and continue working on EAD and travel on AP. You can renew as many times as you want, provided your 485 is still pending with USCIS. Generally, its a better idea of having H1B as a back-up, in the event of 485 denial and its aftermath of status violations. During 6 year quota, anyway you can keep extending H1B. Beyond 6 years, you will have to have 140 approval for 3-year extension, or labor pending more than year to get 1-year extenstion on H1B.
pineyan
======
Try calling CSC cust. service with your proof of mail delivery receipts. If its more than 4 weeks then you should call them and find out. I have seen people filed in-and-around retro deadline [sept 30th] got receipts in "about" 1 month delay.
=========
You can remain on EAD with-out H1B forever. Meaning.... you renew EAD/AP as and when it expires and continue working on EAD and travel on AP. You can renew as many times as you want, provided your 485 is still pending with USCIS. Generally, its a better idea of having H1B as a back-up, in the event of 485 denial and its aftermath of status violations. During 6 year quota, anyway you can keep extending H1B. Beyond 6 years, you will have to have 140 approval for 3-year extension, or labor pending more than year to get 1-year extenstion on H1B.
pineyan
======
Try calling CSC cust. service with your proof of mail delivery receipts. If its more than 4 weeks then you should call them and find out. I have seen people filed in-and-around retro deadline [sept 30th] got receipts in "about" 1 month delay.
azamani123 said:
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azamani123
Registered Users (C)
pineyan
I did not recieved (nor my attorney) the reciept notice at all, however he knew it because of the check which he had sent to USCIS. so I got my case number from the backside of the check. ( my attorney request USCIS to send another notice agin but I think that one also not recieved. (I got my AP so it si not mailing address problem but I don't know what is the problem....)
I did not recieved (nor my attorney) the reciept notice at all, however he knew it because of the check which he had sent to USCIS. so I got my case number from the backside of the check. ( my attorney request USCIS to send another notice agin but I think that one also not recieved. (I got my AP so it si not mailing address problem but I don't know what is the problem....)
pineyan said:My case was filed on 1/14/06, now almost one month passed and nothing come back from USCIS California.
How long do people usually get their receive notice? Thanks.
Thanks Very much Perm_faq.. I just checked my I485 receipt notice and found that they clearly mentioned to call customer service number to schedule an appoint ment for biometrics. I will call today and achedule an appoint ment.
BTW, did you call and schedule an appointment tha way and got your biometrics done?. How long do we need to wait for the appoint ment?
VJ4GC
BTW, did you call and schedule an appointment tha way and got your biometrics done?. How long do we need to wait for the appoint ment?
VJ4GC
The 180-Day Portability Rule <-- may be you guys interested
Snippet-from: From Attorney CARL SHUSTERMAN:
=======================================
By CARL SHUSTERMAN-If you decide to change jobs before the approval of the I-140, we strongly recommend that you continue to maintain valid nonimmigrant status. This way, if the I-140 is denied, your immigration status in the U.S. will still be lawful.
In a related development, on October 28, 2005, the Board of Immigration Appeals (BIA) held, In re Minor Humberto PEREZ VARGAS (23 I&N Dec. 285) that Immigration Judges have no authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. 1154(j), after the alien’s change in jobs or employers.
Here, the alien was the beneficiary of an approved I-140 immigrant visa petition whose I-485 was not adjudicated within 180 days and change employers. The Board held that the Judge had no jurisdiction to under section 204(j), the 180-day portability rule because Judges have no jurisdiction over the adjudication of visa petitions.
However, there is no question that an Immigration Judge has jurisdiction over applications for adjustment of status where the CIS has approved the visa petition. Since the visa petition was approved in this case, it is not clear to us that deciding whether the beneficiary properly ported is not a question related to the adjudication of the application for adjustment of status. Perhaps only the CIS has the expertise to decide whether the new job is in the same or similar occupation as the one for which the visa petition was approved. However, we are not convinced that an Immigration Judge lacks the expertise to decide such matters. Ultimately, the Federal Appellate Courts may decide whether this case was decided correctly.
Snippet-from: From Attorney CARL SHUSTERMAN:
=======================================
By CARL SHUSTERMAN-If you decide to change jobs before the approval of the I-140, we strongly recommend that you continue to maintain valid nonimmigrant status. This way, if the I-140 is denied, your immigration status in the U.S. will still be lawful.
In a related development, on October 28, 2005, the Board of Immigration Appeals (BIA) held, In re Minor Humberto PEREZ VARGAS (23 I&N Dec. 285) that Immigration Judges have no authority to determine whether the validity of an alien’s approved employment-based visa petition is preserved under section 204(j) of the Immigration and Nationality Act, 8 U.S.C. 1154(j), after the alien’s change in jobs or employers.
Here, the alien was the beneficiary of an approved I-140 immigrant visa petition whose I-485 was not adjudicated within 180 days and change employers. The Board held that the Judge had no jurisdiction to under section 204(j), the 180-day portability rule because Judges have no jurisdiction over the adjudication of visa petitions.
However, there is no question that an Immigration Judge has jurisdiction over applications for adjustment of status where the CIS has approved the visa petition. Since the visa petition was approved in this case, it is not clear to us that deciding whether the beneficiary properly ported is not a question related to the adjudication of the application for adjustment of status. Perhaps only the CIS has the expertise to decide whether the new job is in the same or similar occupation as the one for which the visa petition was approved. However, we are not convinced that an Immigration Judge lacks the expertise to decide such matters. Ultimately, the Federal Appellate Courts may decide whether this case was decided correctly.
Endeavour2003
Registered Users (C)
Long Delay in getting I-140 receipt notices
Hi azamani123, pineyan
You guys are not alone in this. I have been pulling my hair out over non receipt of the I-140 filing notices even after almost one month.
Based on info from this forum I have asked my lawyer to track the filing cheque. If that does'nt work I plan on calling the 1800 number as a last resort.
Hi azamani123, pineyan
You guys are not alone in this. I have been pulling my hair out over non receipt of the I-140 filing notices even after almost one month.
Based on info from this forum I have asked my lawyer to track the filing cheque. If that does'nt work I plan on calling the 1800 number as a last resort.
azamani123 said:
Here is the movement:
India:
====
EB1 moved from FEB04 --> JUL04 (5 months)
EB2 moved from AUG01 --> JAN02 (5 months)
EB3 moved from JAN00 --> JAN01 (1 year)
China:
====
EB1 moved from JAN03 --> JUL03 (6 months)
EB2 moved from APR02 --> JUL02 (3 months)
EB3 moved from APR01 --> MAY01 (1 month)
OK. Now, edited this message to show increments in each category. Also notice that "Cut-Off"
date is established for other countries (Mexico, Phillipines....) Thats the "beauty" of this bulletin.
India:
====
EB1 moved from FEB04 --> JUL04 (5 months)
EB2 moved from AUG01 --> JAN02 (5 months)
EB3 moved from JAN00 --> JAN01 (1 year)
China:
====
EB1 moved from JAN03 --> JUL03 (6 months)
EB2 moved from APR02 --> JUL02 (3 months)
EB3 moved from APR01 --> MAY01 (1 month)
OK. Now, edited this message to show increments in each category. Also notice that "Cut-Off"
date is established for other countries (Mexico, Phillipines....) Thats the "beauty" of this bulletin.
rajrw said:
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