PDA

View Full Version : Things to do for EB2 applicants?


kewlchap
08-11-2009, 08:26 PM
Folks,

I am an EB2 applicant becoming current in Sept. VB. I was wondering if there is anything I can do to find if my name check / finger print is clear and if I have been preadjudicated. Should I try to call USCIS, take an infopass appointment now or starting Sept? Please advise.

Thanks,
-k

pappu
08-11-2009, 09:33 PM
Could you please update/complete your profile information for IV tracker. This will help everyone know Sept 2009 approvals.

shreekhand
08-11-2009, 10:28 PM
It's now just the mailbox for you my dear !

I would say just keep your mailbox nice and clean (keep some fragrant flowers at all times in it as well) and the key for it in your pocket at all times, so you can give the green a grand mailbox welcome and be ready to receive it at a moments notice :p




Folks,

I am an EB2 applicant becoming current in Sept. VB. I was wondering if there is anything I can do to find if my name check / finger print is clear and if I have been preadjudicated. Should I try to call USCIS, take an infopass appointment now or starting Sept? Please advise.

Thanks,
-k

gondalguru
08-12-2009, 11:18 PM
I am in the same boat. All I know is that my case has been pre-adjudicated. Will have to wait and see if I will have blessing from lady luck or not.

kewlchap
08-12-2009, 11:21 PM
How did you come to know / deduce that your case has been pre-adjudicated? I would like to find that out. What do I do?

gondalguru
08-12-2009, 11:41 PM
I requested my local congressman's office to inquire about my pending case. 7 months later I received the letter from his office that they got response from uscis that my case file is complete and waiting for visa number to become available to complete the final approval process.

Hope this helps.

seekerofpeace
08-13-2009, 12:58 AM
Believe it or not...

Last Summer I had sent letters to Bush,Cheney,Chertoff,McGovern,Kerry and Kennedy...

All of them responded which was good. But Chertoff's office sent a document for me to sign and release for FBI name check clearance...it seems whoever says your namecheck is cleared is lying u need to sign the release form..

In any case Congressman's office was the most reasonable and useful information and that it is just waiting for Visa no availability....But again there can be RFEs and the window will be missed....as they will be frugal...

The Democrats way of clearing backlog is actually denying applicants....just another way of clearing backlogs...

SoP

jsb
08-13-2009, 12:58 PM
Folks,

I am an EB2 applicant becoming current in Sept. VB. I was wondering if there is anything I can do to find if my name check / finger print is clear and if I have been preadjudicated. Should I try to call USCIS, take an infopass appointment now or starting Sept? Please advise.

Thanks,
-k

If your real date of receipt (not the RD on your receipt, but the date you see online as "your case was received on...") is within the current published processing dates, and your case is straight forward, you can reasonably assume that your case is preadjudicated. In that case may be in the lot waiting for visa number in sequence of PDs. As you are quite senior in PD, you should get a good news in Sept.

You can also take Infopass, which should clear up if there is any minor hold up. Best...

kewlchap
08-13-2009, 01:15 PM
Thanks folks for the replies. Just found out that an RFE has been issued on my app. Now I don't know whether I can catch the Sept. wave. Oh well. Advice?

BECsufferer
08-13-2009, 01:27 PM
Thanks folks for the replies. Just found out that an RFE has been issued on my app. Now I don't know whether I can catch the Sept. wave. Oh well. Advice?

How did you learn about RFE ? ... called lawyer, USCIS or got an automated e-mail. Yesterday I called USCIS and had refferal ticket generated to know where-abouts of my case. I was told to wait for 45 days for reply. I guess that is sufficient for current window to elasp.

Last time I called USCIS about 3 months ago, they created similar ticket for which I got reply in email saying " visa un-availability" to be the reason why they have no update for my case. They didn't say wether my case had been pre-abdujicated or not.

Anyway back to my original question, would be helpful to know how you got to know their is RFE. Thanks!

dontcareanymore
08-13-2009, 01:40 PM
Folks,

I am an EB2 applicant becoming current in Sept. VB. I was wondering if there is anything I can do to find if my name check / finger print is clear and if I have been preadjudicated. Should I try to call USCIS, take an infopass appointment now or starting Sept? Please advise.

Thanks,
-k

How did you learn about RFE ? ... called lawyer, USCIS or got an automated e-mail. Yesterday I called USCIS and had refferal ticket generated to know where-abouts of my case. I was told to wait for 45 days for reply. I guess that is sufficient for current window to elasp.

Last time I called USCIS about 3 months ago, they created similar ticket for which I got reply in email saying " visa un-availability" to be the reason why they have no update for my case. They didn't say wether my case had been pre-abdujicated or not.

Anyway back to my original question, would be helpful to know how you got to know their is RFE. Thanks!

Why would you even call that many times ? Are you guys expecting any issues in processing your applications ? I was told too many service requests and inquiries will cause a flag in their system.

BECsufferer
08-13-2009, 01:50 PM
Why would you even call that many times ? Are you guys expecting any issues in processing your applications ? I was told too many service requests and inquiries will cause a flag in their system.


Read my post more attentively, than complain. If you are trying to suggest me something, in-that-case, I take your post respectfully.

I cannot say or deny, my case is straightforward. I have worked at same position with same smployer all thru is on-going ordeal. But that is not sufficient to make my case straight-forward. And if you peck them couple of times in a year to try to know where-abouts of your case, it's not as if I am throwing spanner into well oiled USCIS machinary. And in no-way is the person taking my call working on any of this $hit process.

thomachan72
08-13-2009, 01:54 PM
I see lot of you guys are with PD 2004. Do we still have many folks with PD 2003 or prior waiting? Any idea what is the proportion of people waiting
2002-
2003-
2004-
2005-
2006-
2007-
2008-

jsb
08-13-2009, 03:16 PM
July/Aug 2008 when my dates were current, and I noticed that people with 2005 and 2006 PD were getting GC's, I quickly made a case with the Ombudsman. I even couriered it to save time, clearly stating I was concerned that cases filed after me, and with PD below mine were getting visas, and soon all visas might exhaust leaving me high and dry, with a request for an early action. I got a quick response that I would get a reply within 45 days. I got a reply from TSC in early October (when cutoff dates were not current any more), stating "...as per recent (Oct 08) visa bulletin your PD is not current....". They entirely bypassed my specifically stated concern. That's how it works.

pappu
08-13-2009, 03:20 PM
July/Aug 2008 when my dates were current, and I noticed that people with 2005 and 2006 PD were getting GC's, I quickly made a case with the Ombudsman. I even couriered it to save time, clearly stating I was concerned that cases filed after me, and with PD below mine were getting visas, and soon all visas might exhaust leaving me high and dry, with a request for an early action. I got a quick response that I would get a reply within 45 days. I got a reply from TSC in early October (when cutoff dates were not current any more), stating "...as per recent (Oct 08) visa bulletin your PD is not current....". They entirely bypassed my specifically stated concern. That's how it works.

If you send that complaint details to IV, IV will use it as an example to show these problems with Ombudsman office.

kewlchap
08-13-2009, 04:00 PM
@ BECSufferer: I got an automated email stating that an RFE has been issued. Note that this is the second RFE in 4 months this year.

@ my_usa: I had an Employment related RFE in May. Why would they need to do that again? I don't think that USCIS will issue employment related RFEs in Sept. More likely than not, the pre-adjudicated cases will be approved and others (recent RFEs, missing docs etc.) will languish.

GCfast
08-13-2009, 04:09 PM
Hi,

i just spoke to my attorney. she said that they would initiate and inquiry on sept 1 as part of their client support (when my date becomes current). That's about the only thing they can do. She did not mention about any potential RFE's.

thanks

BECsufferer
08-13-2009, 04:10 PM
Here's what I recieved in email ...
"Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed. Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability"

"... the processing time of your I-485 application has been extended." It's already more than 2 yrs and they still have workload?:mad:

"Your application remains awaiting review by an Officer ..." Tell the lazy bastard to work on my case!

"The Service is waiting for VISA availability." What the #$ck does that mean. MY PD is current this month per Sept VB.

Long story short, USCIS is in $hit-hole.

sdrblr
08-13-2009, 04:15 PM
Being the same boat, I hear you ;)


Here's what I recieved in email ...
"Due to the pending caseload at the Nebraska Service Center, the processing time of your I-485 application has been extended. Allow extra time for an Officer to review your application. Furthermore, if all initial evidence was not included with you application, or a question arose during adjudication that required a Request for Evidence, additional time would be needed. Your application remains awaiting review by an Officer and you will be notified as soon as a decision is made. The Service is waiting for VISA availability"

"... the processing time of your I-485 application has been extended." It's already more than 2 yrs and they still have workload?:mad:

"Your application remains awaiting review by an Officer ..." Tell the lazy bastard to work on my case!

"The Service is waiting for VISA availability." What the #$ck does that mean. MY PD is current this month per Sept VB.

Long story short, USCIS is in $hit-hole.

kewlchap
08-13-2009, 04:17 PM
@ BECSufferer: May I ask when you got this email?

BECsufferer
08-13-2009, 04:54 PM
KewlChap: 5 mins before my post.

seekerofpeace
08-13-2009, 05:02 PM
my_usa,
If everyone on EB2 is issued an RFE for EVL there is no way that any EB2 will get GC in September since by the time the RFE is received and responded and USCIS has taken action it will be more than 30 days and October is definitely going to see a retrogression.

It happens every year...they forward the dates only to retrogress back later by couple of years or more.

Again lawyers know more.....

SoP

dontcareanymore
08-13-2009, 06:34 PM
Stop giving false information to try scare people.

It is our right to call as many times we find. USCIS is supposed to give us good service. We pay lot of money to them for our applications.

You will not get any respect here with fake profile
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
01/01/2001

Chargeability
:
United States
Processing Stage
:
N/A
I485 Mailed Date
:
01/01/2001

You get ready for the auditor interview buddy...
How about looking at your own profile before pointing out others ?

jsb
08-14-2009, 09:28 AM
Hi,

i just spoke to my attorney. she said that they would initiate and inquiry on sept 1 as part of their client support (when my date becomes current). That's about the only thing they can do. She did not mention about any potential RFE's.
thanks
No, no. They send RFE only if needed. For pre-adjudicated cases, they may have some yardstick for length of time of waiting when an RFE for confirming that the job offer, basis of the sponsorship, still exists.

jsb
08-14-2009, 09:34 AM
Here's what I recieved in email ...
... the processing time of your I-485 application has been extended
"Your application remains awaiting review by an Officer ..."
"The Service is waiting for VISA availability." What the #$ck does that mean. MY PD is current this month per Sept VB.
Long story short, USCIS is in $hit-hole.

It is beaurocratic world. They are looking for convenient and quick replies. At the time of reply (Aug 09) you PD is not current (it will be current on Sept 1), so, seeing the Sep bulletin he hurried and replied, else he would have to wait for such a convenient reply until your PD is non-current again. That is what they did in my case when I filed a complaint with the Ombudsman last year. TCS waited to reply until my PD became non-current again.

"..awaiting review by an Officer..." doesn't mean the guy is lazy. It just means that adjudication can not progress, as there is no visa. Hope you get your GC in Sept.

Ennada
08-14-2009, 10:12 AM
Who will get RFE and who will get greenedis totally arbitrary. I don't think we can make an educated guess here. When my PD became current last year in AUG and SEP, I got a RFE for no reason. They asked for EVL, BC and MC. I never changed Jobs. Even my address remained same. Still I got a RFE.

Early this year (March) I was laid off. My employer sent a letter stating that I am not an employee of the company anymore. I got a new job in another state. My H1 should have been revoked and I should have gotten a RFE by now. There is no action on my case. H1 approval is intact. I140 is intact. I saw status of both the approvals online. Both shows no action, no soft or hard LUDs.

My point is if you are lucky you will get Greened. And if you can guess USCIS actions right, you got ESP.

jsb
08-14-2009, 11:45 AM
Who will get RFE and who will get greenedis totally arbitrary. I don't think we can make an educated guess here. When my PD became current last year in AUG and SEP, I got a RFE for no reason. They asked for EVL, BC and MC. I never changed Jobs. Even my address remained same. Still I got a RFE.

Early this year (March) I was laid off. My employer sent a letter stating that I am not an employee of the company anymore. I got a new job in another state. My H1 should have been revoked and I should have gotten a RFE by now. There is no action on my case. H1 approval is intact. I140 is intact. I saw status of both the approvals online. Both shows no action, no soft or hard LUDs.
...

Yes, RFE is entirely descretionary. In your case, changing a job does not affect your I-140 which technically is for a future job for you AFTER you get your GC. Until then you are a guest worker in whatever category, H1, L1, etc. Therefore, nothing is abnormal with your I-140 still being valid. Your H1 still allows you to work for whoever it is issued for, although you are not working for that employer any more. You did not specify your status with your new employer in another state.

Ennada
08-14-2009, 12:07 PM
Yes, RFE is entirely descretionary. In your case, changing a job does not affect your I-140 which technically is for a future job for you AFTER you get your GC. Until then you are a guest worker in whatever category, H1, L1, etc. Therefore, nothing is abnormal with your I-140 still being valid. Your H1 still allows you to work for whoever it is issued for, although you are not working for that employer any more. You did not specify your status with your new employer in another state.

Well, I am on EAD. But, my point is the online status does not show that it has been cancelled or revoked. The LUD is still 2006. So I am confused as to why USCIS has not cancelled my H1 and why no RFE yet.

jsb
08-14-2009, 01:59 PM
Well, I am on EAD. But, my point is the online status does not show that it has been cancelled or revoked. The LUD is still 2006. So I am confused as to why USCIS has not cancelled my H1 and why no RFE yet.

H1 is not cancelled until employer asks to do so. Simply telling that you were not employed any more does not suggest cancellation. You might return back to work at a later date !! H1is an authorization for a foreign worker to work in the US for a specific period. I had changed my job while I was waiting with I-485, I told them that, and even changed my address (within the same region), but there was no RFE. Didn't get my GC in July/Aug 08 when I was current, but got it in December 08.

kewlchap
08-14-2009, 03:44 PM
@ JSB: How did you get your GC in Dec 08 with a PD of May 04? You were not current when your GC got processed?

jsb
08-14-2009, 04:22 PM
@ JSB: How did you get your GC in Dec 08 with a PD of May 04? You were not current when your GC got processed?
2004 EB2-I PD were current last July/Aug, but for some reason I received approval in December.

InTheMoment
08-14-2009, 04:46 PM
2004 EB2-I PD were current last July/Aug, but for some reason I received approval in December.

Good for you jsb... so your actual GC says "Permanent Resident since" some date July/Aug 2008 ??

kewlchap
08-14-2009, 04:48 PM
Cool. Read somewhere else also that some people got approved and their actual GC arrived 4-5 months later. Well, good for you.

jsb
08-14-2009, 05:24 PM
Good for you jsb... so your actual GC says "Permanent Resident since" some date July/Aug 2008 ??

No, no, the date is in December. It does not matter. I don't care for few months.

InTheMoment
08-14-2009, 07:50 PM
No, no, the date is in December. It does not matter. I don't care for few months.

Well, with all the USCIS insanity going on, I do hope, in case you are planning for Naturalization, you are not in a problem. I guess your I-485 has an approved stamp and signature of the CAO (Center Adj. Officer) when your date was actually current.

My approved stamp, NSC CAO signature and date on the I-485 (thro' FOIA) matches that of the "Resident Since" date on the GC and falls in the month my date was current.

vxg
08-14-2009, 08:22 PM
If your real date of receipt (not the RD on your receipt, but the date you see online as "your case was received on...") is within the current published processing dates, and your case is straight forward, you can reasonably assume that your case is preadjudicated. In that case may be in the lot waiting for visa number in sequence of PDs. As you are quite senior in PD, you should get a good news in Sept.

You can also take Infopass, which should clear up if there is any minor hold up. Best...

How do you find out real date of receipt as when i check my case status online i do not see any date all it says for last two years is your case is now pending to the office it was transferred. I filed in 2007 VB gate fiasco and TSC sent my apps to Vermont for data entry thus my receipt nos start with EAC and than later vermont sent my apps to TSC. My RD on receipts from VSC is Aug 3rd, 2007. I have no clue if TSC will go by this RD or the RD when they entered the case in their system.