San Francisco Regional DOL Tracker
- Thread starter usnycus
- Start date
nnaicc said:
I did not mean that.. What I ment was Pilot Project is over & USCIS has collected good amount of inputs from the project, Once all the Inputs / lessons learned from Project gets implemented the overall I140/485 process will be faster. (Atleast that what they say !)
If you observe recent trends / approvals in I-140/485 forums, it has become faster now. They are approving cases (very randomly) even in 6 months. I-140 & 485 getting approved at the same time once FP/FBI checked out fine.
See this article (thanks to immigration-law.com)
09/25/2004: Concurrent Adjudication and Processing of I-140 and I-485
Ever since the USCIS HQ memorandum was released on the concurrent adjudication of the concurrently filed I-140 and I-485 cases, each Service Center has implemented the policy slightly different. This law firm lately has received some approvals of I-140 petitions and I-485 applications concurrently in one envelope from the Texas Service Center. Now Texas Service Center has disclosed its current adjudication policy as follows:
The I-140 petitions are adjudicated per I-140 processing schedules and processing times.
If I-485 application was filed currently with the I-140 petition, such I-485 application is concurrently adjudicated and approved inasmuch as the security clearance (fingerprint and name checks) has been completed at the time of adjudication.
If I-485 is filed separately but before the pending I-140 petition is adjudicated, such case is taken as a concurrent filing case and handled according to the foregoing policy.
The I-140 petition which is filed alone and not as a concurrent filing is adjudicated per I-140 petition processing times and schedules.
The I-485 application which is filed after the I-140 petition is approved is adjudicated per the I-485 application processing times and schedules in its periodic processing times report.
It appears that the processing times of I-140 petition and I-485 tend to be somewhat inordinate because of a number of factors. First is the launch of policy of concurrent filing and concurrent adjudication policies. Accordingly, depending on the date when I-140 or I-485 was filed, processing and adjudication of such cases are handled differently. Second is change of name check and security clearance timing. In the past, fingerprinting was not scheduled until it passed nine (9) months of filing of I-485 application considering the delay and backlog of I-485 adjudication schedules, but the fingerprinting scheduling policy has changed since the concurrent adjudication policy was released. Nowadays, fingerprinting is scheduled early, particularly in the recent concurrently filed cases in order to achieve the concurrent adjudication policy. As a consequence of such policies, the recent filers of "concurrent I-140/I-485" tend to take the benefits of these policy changes and obtain adjudication earlier than those who filed I-485 applications years back who have to go through the I-485 processing times and the circle of refingeprinting and re-name check processes. A similar phenomena was occasioned before 2000 when the CIA clearance was frozen for almost a year and the Legacy INS adopted a new processing policy in order to deal with the mounting backlogs of I-485 applications, a policy of adjudicating I-485 applications with a target to avoid refingerpring process. Thus old filers suffered and the new filers took advantage of the new policy and obtained adjudication of I-485 applications earlier than old filers. During the period of transition of policies, such unfairness inevitably takes place and it is a fact of life. Once the transition is over, the consumers of immigration filings tend to reach a point where all the filers receive benefits on equal footing.
02-28-03 case certified on 09-25-04
Finally I heard that long waited "certifed" on my case,
PD: 12-20-2001
RD : 02-28-2003
Certifed on 09-25-04 per AVM
DOT Code : 999.172-112
Job Requirement: MS+2
Bay area mid size company
I don't know why this case was processed two weeks later most 02-28-03 cases. Probably it went to the supervisor.
Wish all of us good luck!
Finally I heard that long waited "certifed" on my case,
PD: 12-20-2001
RD : 02-28-2003
Certifed on 09-25-04 per AVM
DOT Code : 999.172-112
Job Requirement: MS+2
Bay area mid size company
I don't know why this case was processed two weeks later most 02-28-03 cases. Probably it went to the supervisor.
Wish all of us good luck!
LC substituion
Hello GP111:
I have been a silent reader since a while. This site is being a valuable asset for Immigration Applicants. I personally thanking you all who contributes their time to share their experiences and provide suggestions.
I have the below question. I appreciate your response.
Brief about my case:
Notations used below are….
XYZ = Current employer
ABC = my Friend’s co., to use their Approved labor.
Currently, I am an employee of a corporation company XYZ in CA working on H1-B visa status. I will be finishing my 6 years stay in US by early 2004. I got approval notice for 7th year extension. My employer filed my GC labor under RIR and it reached Federal on 06/2003. Currently Federal is processing 03/2003 cases and I am hoping to get my labor somewhere around 03/2005. I foresee some lay-offs during mid’2005. In order to get my GC fast and be secure…. I found one approved labor from one of my friend’s co., (ABC). Now I have these below questions….
1). I want to stick with my current co., XYZ and pursue my GC process actively until they through me out.
2). How can I get use of approved labor from ABC?
3). Is it a good Idea to file I-140 and 485 concurrently from ABC? If so.,
4). Again, can I file I-140 and 485 from XYZ If my employment continues after my labor approved.
5). Filing with ABC, what would be the Impact of my GC process with my current co., XYZ?
Hello GP111:
I have been a silent reader since a while. This site is being a valuable asset for Immigration Applicants. I personally thanking you all who contributes their time to share their experiences and provide suggestions.
I have the below question. I appreciate your response.
Brief about my case:
Notations used below are….
XYZ = Current employer
ABC = my Friend’s co., to use their Approved labor.
Currently, I am an employee of a corporation company XYZ in CA working on H1-B visa status. I will be finishing my 6 years stay in US by early 2004. I got approval notice for 7th year extension. My employer filed my GC labor under RIR and it reached Federal on 06/2003. Currently Federal is processing 03/2003 cases and I am hoping to get my labor somewhere around 03/2005. I foresee some lay-offs during mid’2005. In order to get my GC fast and be secure…. I found one approved labor from one of my friend’s co., (ABC). Now I have these below questions….
1). I want to stick with my current co., XYZ and pursue my GC process actively until they through me out.
2). How can I get use of approved labor from ABC?
3). Is it a good Idea to file I-140 and 485 concurrently from ABC? If so.,
4). Again, can I file I-140 and 485 from XYZ If my employment continues after my labor approved.
5). Filing with ABC, what would be the Impact of my GC process with my current co., XYZ?
Hi sg101
1). I want to stick with my current co., XYZ and pursue my GC process actively until they through me out.
---- Stick with them as you may get your LC by end of this year or by Jan 05... You can file 140/485 ASAP after that & the layoff might occur after 6 months of 485 filing date (use of AC-21)
2). How can I get use of approved labor from ABC?
---- You can use file I-140/485 using preapproved labor if ABC is willing to file (even without joining them) & qualification/experience matches more then 90%.
3). Is it a good Idea to file I-140 and 485 concurrently from ABC?
--- Yes why not if they are willing to. Atleast file I-140.
4). Again, can I file I-140 and 485 from XYZ If my employment continues after my labor approved.
--- Yes you can file multiple I-140s
5). Filing with ABC, what would be the Impact of my GC process with my current co., XYZ?
--- There are no impects. only thing is you have to pull one application once other is ready to be approved.
1). I want to stick with my current co., XYZ and pursue my GC process actively until they through me out.
---- Stick with them as you may get your LC by end of this year or by Jan 05... You can file 140/485 ASAP after that & the layoff might occur after 6 months of 485 filing date (use of AC-21)
2). How can I get use of approved labor from ABC?
---- You can use file I-140/485 using preapproved labor if ABC is willing to file (even without joining them) & qualification/experience matches more then 90%.
3). Is it a good Idea to file I-140 and 485 concurrently from ABC?
--- Yes why not if they are willing to. Atleast file I-140.
4). Again, can I file I-140 and 485 from XYZ If my employment continues after my labor approved.
--- Yes you can file multiple I-140s
5). Filing with ABC, what would be the Impact of my GC process with my current co., XYZ?
--- There are no impects. only thing is you have to pull one application once other is ready to be approved.
GP111 or other gurus,
I have 3 yr degree, B.Sc. + 3 year master degree, MCA (master in computer application)
The following are the lines from my labor certification in respect to minimum requirement.
"Bachelor's or equivalent foreign degree in computer science or other
computer-focused major plus four years experience in offered job or as Systems or Applications Programmer, Software Engineer or related occupation. "
What do you guys think about my case in respect to I-140?
Please do reply!
thanks
I have 3 yr degree, B.Sc. + 3 year master degree, MCA (master in computer application)
The following are the lines from my labor certification in respect to minimum requirement.
"Bachelor's or equivalent foreign degree in computer science or other
computer-focused major plus four years experience in offered job or as Systems or Applications Programmer, Software Engineer or related occupation. "
What do you guys think about my case in respect to I-140?
Please do reply!
thanks
LC substituion
Thanks gp111.
1. What is AC21?
2. Initially, ABC agreed to use approved labor without joing into their co., but In future. What stage of time do I need to join with ABC.
3. You said "Atleast file I-140". can't I file I-140 and 485 cuncurrantly from both co.,?
-or- can I file I-140 & 485 from ABC and counseler processing from XYZ? Do we need have only one 485 filling at any time? what is the process and how much time it takes to pull 485?
Thank you
sg101
Thanks gp111.
1. What is AC21?
2. Initially, ABC agreed to use approved labor without joing into their co., but In future. What stage of time do I need to join with ABC.
3. You said "Atleast file I-140". can't I file I-140 and 485 cuncurrantly from both co.,?
-or- can I file I-140 & 485 from ABC and counseler processing from XYZ? Do we need have only one 485 filling at any time? what is the process and how much time it takes to pull 485?
Thank you
sg101
gp111 said:
worker_bee
Registered Users (C)
gp111,
That document you sent was most useful in clarifying this rather confusing affair of Eb2 or Eb3.
Do you know how important the actual wordings "...years of PROGRESSIVE experience" is? Do you know if the word "progressive" has to be there, or is that implied?
That document you sent was most useful in clarifying this rather confusing affair of Eb2 or Eb3.
Do you know how important the actual wordings "...years of PROGRESSIVE experience" is? Do you know if the word "progressive" has to be there, or is that implied?
gp111 said:
worker_bee
Registered Users (C)
Just found something that answers my own question...
http://www.isn.org/resources/horrors3.html
http://www.isn.org/resources/horrors3.html
worker_bee said:
CA SWA Question
Hello!
As all of you (I assume) have passed through the SWA's let me ask my question here. My priority date at the CA SWA was the 12/12/2003 (which was reached on the 17th of Sep '04). Someone else with the same PD has recieved a RFE notice last Fri (24th of Sep), and I have not heard anything. Any ideas?
Regards,
Emil
Hello!
As all of you (I assume) have passed through the SWA's let me ask my question here. My priority date at the CA SWA was the 12/12/2003 (which was reached on the 17th of Sep '04). Someone else with the same PD has recieved a RFE notice last Fri (24th of Sep), and I have not heard anything. Any ideas?
Regards,
Emil
sandeep0902
Registered Users (C)
RFEs are given based on particular cases, where SESA/DOL wants to know more details from the employer,before they can proceed w/the application.RFEs are not given based on PD,if that's what you were wishing to hear...
hbcsc153 said:
sandeep0902 said:
Sorry, I was not clear. If they have passed my date by a couple of weeks already and I have not heard anything, what can I assume has happened to my case. There was one post in the CA SWA forum that when it sends to the regional level from the state level, that there is nothing sent from the state office, and the notice is sent from the regional office. Your thoughts.
Thanks,
Emil
satyen_2003
Registered Users (C)
Are they done processing March 7 cases. My RD is March -7 and AVM says RECIEVED.
What do you guys think?
If they have issued 3 option letter then how long does it take to get to my lawyer?
For 3 -option letter does AVM always says "RECIVED" or some other phrase they use.
What do you guys think?
If they have issued 3 option letter then how long does it take to get to my lawyer?
For 3 -option letter does AVM always says "RECIVED" or some other phrase they use.