need help with my case

N

njgl

New Member
Hi I need help with my case..I have not much idea of what is happening..My case details are as follows..

EB3 category,my PD is april 1997,our EAD(me n my wife filed together in 2005), 140 got approved last december..and also applied for ead renewal and got approved last week..Also had only one FP since 2005...485 is still pending..

what do u think is happening with my case..Many of my frens cases whose PD is later than 1997 are getting their cases approved and mine is still pending..Any idea on this..Please throw some info..
 
NINETEEN ...NINETY SEVEN?! I'll stop complaining about mine now!

Anyway... Infopass is the way to go.

You can also contact your senator/member of house.

Let us know how it goes.
 
you might be stuck with name check, agency check. These are some of the terms that people came across during their pending 485 appln.

if it is a labor substitution and nobody questioned in I-140, then I think it should not matter in I-485 stage. Somebody correct me if I am wrong.

Again schedule an Infopass with USCIS to get information. If it prolongs beyond fall of 2007 then you can even file Writ of Madamnus ( a lawsuit against USCIS to expedite your case). Somebody correct me if I wrong.

njgl said:
Hi I need help with my case..I have not much idea of what is happening..My case details are as follows..

EB3 category,my PD is april 1997,our EAD(me n my wife filed together in 2005), 140 got approved last december..and also applied for ead renewal and got approved last week..Also had only one FP since 2005...485 is still pending..

what do u think is happening with my case..Many of my frens cases whose PD is later than 1997 are getting their cases approved and mine is still pending..Any idea on this..Please throw some info..
Click to expand...
 
Last edited by a moderator:
Name check victim? ** Guessing **

njgl said:
Hi I need help with my case..I have not much idea of what is happening..My case details are as follows..

EB3 category,my PD is april 1997,our EAD(me n my wife filed together in 2005), 140 got approved last december..and also applied for ead renewal and got approved last week..Also had only one FP since 2005...485 is still pending..

what do u think is happening with my case..Many of my frens cases whose PD is later than 1997 are getting their cases approved and mine is still pending..Any idea on this..Please throw some info..
Click to expand...


First, my sympathies. Second, time for action - see the other thread on "Name Check Victim" in the 485 Retrogression Forum - I have outlined how I untangled myself - you could use the same steps.

This is WAY too long. You are owed apologies 10 times over!
 
Can it be that you used expired labor? Don't they expire after sometime.
I know it probably does not , then it is so funny that a labor filed in 97 can be used to do substitution in 2005. What a crappy system.
 
If there is a vacancy that needs to be filled since that time then if the labor was approved then if USCIS approves I-140 everything should be ok. There is nothing like labor getting expired. What if you are in retro and your labor expires?
 
gc_retrogress said:
If there is a vacancy that needs to be filled since that time then if the labor was approved then if USCIS approves I-140 everything should be ok. There is nothing like labor getting expired. What if you are in retro and your labor expires?
Click to expand...
That will be nice...if labor expires while retro is there.
But I think it will be nice if they can expire labor within 6 months of approval and if i-140 not filed, that is one way to stop labor substitution. How can they let the same labor be carried on for years, the whole situation changes...jobs requirements change, salaries change....
 
There is a provision that USCIS or Dept of Labor wants to enforce. I am not sure if that is a law yet. Basically when that comes into effect, people have to use it within 45 days of labor approval. That is it needs to be filed for I-140, otherwise that labor would be a waste.
 
gc_retrogress said:
There is a provision that USCIS or Dept of Labor wants to enforce. I am not sure if that is a law yet. Basically when that comes into effect, people have to use it within 45 days of labor approval. That is it needs to be filed for I-140, otherwise that labor would be a waste.
Click to expand...
Who is holding it...probably a lobby of lawyers and empoyers...who leave no provision to screw the employee....by either delaying the process or sell labor to other person...
 
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