r_mistry
01-08 11:18 AM
Hi All,
I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".
However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.
Do any of you have any experience what will happen from now on? Do they really respond within 30 days???
Below is my filing info
Filed I-485/EAD/AP - July 24th, 2007 - NSC
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I just contacted the USCIS customer service regarding my pending AP application filed at NSC on July 24th, 2007. The customer service rep did not provide any useful information other than the usual "case received and pending".
However he did open a service request (SR) for me and advised me that IO will get back to me on the status of my AP application within 30 days and why its getting too long to adjudicate my AP application.
Do any of you have any experience what will happen from now on? Do they really respond within 30 days???
Below is my filing info
Filed I-485/EAD/AP - July 24th, 2007 - NSC
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
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raghav0
08-23 10:45 AM
I guess most of us under EB-3 can kiss our GC dream goodbye!! If we remain under EB-3...we will be waiting here forever and we cant move onto EB-2 with the new rules they are proposing....What a way to start the week!!!
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SkilledWorker4GC
07-16 10:33 AM
Immigration Voice XXXX $5.00 7YHXK-9789S HIGH FIVE Funding Drive
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9years
11-16 09:14 AM
It is a letter by your I-485 attorney to USCIS mentioning your pending I-485 application (receipt numbers, filed where, including everyone part of the application), about your company securing I-140 approval under EB2 category for you and requesting to interfile this I-140 with pending I-485 and approval based on case is being current now (mentioning priority date). Copy of the I-140 approval notice (EB2) should be attached.
Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.
Thank you, I appreciate your quick response.
Some attorneys do attach I-485 receipt copies too. Also, your attorney may ask you to sign on the G-28 form that he/she is representing your case.
Thank you, I appreciate your quick response.
more...
qasleuth
05-14 01:38 PM
Mandamus is a case where plaintiff is trying to force a government official to perform his/her duty. It's being used when a case is delayed beyond reasonable time frame. See more details here:
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
http://www.ailf.org/lac/pa/lac_pa_081505.pdf
Wrongful denial is disputed based on the Administrative Procedures Act (�the APA�)
The APA allows reversal of agency action that is �arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.� 5 U.S.C. � 706(2)(A).
Generally, you cannod dispute I-485 denial unless denial was based on wrong intepretation of applicant's eligibility for AOS. See, e.g. Sepulveda v. Gonzales, 407 F.3d 59, 62-63 (2d Cir. 2005)
http://www.ca2.uscourts.gov/decisions/isysquery/76407587-1ac2-4692-9a3e-f644d7d5045b/13/doc/03-40643_opn.pdf
Immigration litigation attorney should be able to help, but it's fairly simple to do on your own as well.
this is extremely useful information. Can you please update IV Wiki, when you get a chance ? www.immigrationvoice.com/wiki
sunny1000
04-30 04:54 PM
This is the style of the officer of USCIS of America!
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
Some idiot gave me a red for asking for this translation...Whoever that is, please note that not all speak Hindi and I wanted to know what the poster was saying. So, go screw yourself if you don't like it.:mad::mad:
more...
ajju
09-04 12:28 PM
Had anybody have to send Driving License for filing extention of h1b?
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
I am not understanding if sending DL is an issue or your concern is just over why USCIS is even asking for it?? USCIS does lot of things in unexpected way.. so I won't be surprised...
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JunRN
10-05 04:26 AM
In my opinion, the chance is really slim....I even think that it will never pass unless a stand-alone bill without any other attachment is the best option.
more...
h1techSlave
07-06 10:53 AM
Do you have your 485 approved ? If not, you are not supposed to contribute to any political campaigns. You have to be a GC holder or citizen to contribute to political campaigns. Its illegal otherwise.
In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?
Cheers,
h1techSlave
In 1040, we have a checkbox to contribute $3 towards presidential election contribution. If I check that box while in H1B, is that illegal?
Cheers,
h1techSlave
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kondur_007
12-16 11:04 AM
Wishful thinking aside - realistically speaking, it's zilch. As USCIS seems to have predicted, even with spillover implemented the PD isn't moving to 2006 any time soon.
jazz
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
jazz
I have been intending to post this for a while: I still have major doubts on the predictions made by DOS. We all are grateful to them to at least do an effort to provide such predictions, but things don't add up.
It is everyone's understanding that these predictions are based on the information about "preadjudicated applications" from USCIS. Now if you look at the total number of preadjudicated applications from what USCIS has published, it seems that PD (for EB2 India) will move to at least to 2007 if not 2008 by the end of fiscal year 2010. There are no new 485 filings (except for EB1 and EB2 ROW) and unless there is a "HUGE" increase in these categories, there is no other way to explain the basis for these predictions.
Someone else mentioned in this thread about the large number of filings in 2005 due to PERM, but remember, this should already be accounted for in USCIS's preadjudicated numbers.
So either these DOS predictions are some form of scare technique, or too much conservative estimate (so as not to disappoint people) or there is a missing piece of information that we have no clue about.
In any case, I do not claim to be a "better predictor" than DOS; but reality is that all these are pedictions and we have to wait till July-Sept 2010 to find out the truth.
Hoping for the best....:)
more...
j_bhardwaj@yahoo.com
07-14 02:50 PM
contributed $10 for me and my wife
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mw_immi
01-07 01:43 PM
I have pending 485, used Bank of America for my home loan. No problems whatsoever. And, I know loads of people who have bought homes while on H1B or pending 140/485. I believe 2009-2011 will probably be the best time to buy a home. If you can afford it and if you have job security, then you must buy one (rent it if you dont want to live). The aprs available currently is unbelievable (of course, good credit history and the amount you put down will decide mainly).
Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?
Did you have unexpired H1B / I-94? In my case I am on EAD / pending I-485 / AOS (expired H1 / I-94) & BOA didn't approve.
Do you know any one who didn't have H1B / I-94 but got loan from BOA based on AOS?
more...
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Mouns
04-30 03:37 PM
And the situation prior to surge wasnt any better either. I remember in 2006, the PD for India EB3 was April 2001 and now its Nov 2001. :mad:
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
This was directed to people who were current. If you are from India, China, Mexico, Philippines, get used to waiting. Your backlog is due to numerical limits. And this won't change (the way I see it)
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chanduv23
11-14 05:35 PM
It's call reseach topic.. We have to find some USCIS support documents for each case. We need some earlier USCIS decisions for each senarios/theories.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.
If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.
Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.
RG provided few supporting CIS rules in earlier post and seems logical. But not sure if RG or RK is right.
It's confusing indeed.
My blog is based on RK's opinion. But we need some research and we also need clarification from USCIS.
If AOS is denied erroniously, one MUST be allowed to work - because it is not our fault.
Personallyif I can't work because it is not my fault, I am in trouble because I have a family to manage and a small kid to take care of.
more...
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r_mistry
01-11 05:42 PM
Hi,
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
I just wanted to find out if anybody received email feedback from USCIS once they opened SR with USCIS? Do they even provide any feedback on SR???
I created the SR to check the status of my AP on Jan 8th and have bot heard anything back yet.
Thanks,
______________________________________
Filed I-485/EAD/AP - July 24th, 2007 - NSC
PD - Oct, 2005 - EB3 - ROW
I-140 approved - Dec 2006
EAD received - Oct, 07
FP done
AP - Pending
LUDS on I-140/I-485 in November and Early December (These LUDS are in addition to LUDS on I-485 when FP was done)
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chanduv23
05-14 12:21 PM
There are plans on IVs agenda to see if we can collectively help ourselves on these issues.
I recommend all members to use every channel you get to fix issues like these.
We are entitled for a fair process and we must make sure every application is treated in a fair manner.
Folks - anyone can face these issues.
If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.
I recommend all members to use every channel you get to fix issues like these.
We are entitled for a fair process and we must make sure every application is treated in a fair manner.
Folks - anyone can face these issues.
If you have any case problems, please contact the Ombudsman, contact your law makers. Let everyone be aware of these issues.
more...
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eb2_immigrant
03-05 03:39 PM
We had soft LUD on our cases as well, for both my wife and me. Hope it will be all good. My Atty mailed the application on 6/31 and it was receipted on 09/07/07.
Where us your application at ? TSC or NSC?
Where us your application at ? TSC or NSC?
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santb1975
06-20 12:53 AM
Are we not reaching 20K even??
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qplearn
12-18 05:33 PM
I do not have updates�I wish I did. Like most people in these forums I am waiting for miracle to happen�.which probably will not happen.
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
To me it seems like that the members are doing there part, i.e. sending emails, making phone calls etc. But it looks like our numbers are not enough to make a change in the policy.
what kind of a number will really have an impact? 25K?
santb1975
05-23 10:29 PM
Thankyou for the contribution
Contributed $100 today.
Transaction ID: 6WL593393P795301W
Contributed $100 today.
Transaction ID: 6WL593393P795301W
pani_6
08-14 05:56 PM
Yes June may be June 07 and so you may see dates moving to June 03..lets see next month..
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