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My sympathies and condolences to the family. I hope that the strength of their belief gives them courage and comfort during these tragic times.

I am one of the July 2nd filer, EB2 India, PD is April 2005. There is problem if you filed 485 at NSC but got a receipt# starting with WAC we must address it asap.

I called up NSC with my Receipt that starts with WAC as it was send to CSC by NSC that processed the application send me the first notice with RD 07/02/2007. I again got the second I-485 transfer notice in September with RD 09/26/2007 saying my case has been transferred back to NSC office as they have jurisdiction over it. The IO says as my application receipt# starts with WAC it will processed by the CSC processing dates that is dead at May 2006 rather than the NSC processing dates that is at 10th August 2007 making my 485 eligible for processing.

If we do not solve this problem we could be lingering in CSC for years.

If there has been cases where someone had I-485 Receipt# starting with WAC but got processed by NSC processing dates as it was filed there please come forward.

Looks like there has been some TSC approvals for EAC receipts but no news on NSC, anybody please post here.

http://www..com/discussion-forums/i485-1/168256035

I think I know what might have happened here. Check your I-140 petition. Check if on part 2, box "d" was checked. If yes then the officer went looking for an advanced degree (post baccalaureate) and could not find any documents and issued an RFE. It is usually customary for EB-2 to have Masters or show the job requires equivalent education / experience combo otherwise you will have to downgrade 140 to EB-3 (by checking the "e" box and amending I-140 by working with the officer, consult with your lawyer)

Hi add78,Yes,d was checked.I thought thats what needs to be checked for EB2.I do have a bachelors degree+ 5 years experience.

yes yes I know...let's leave this in the past alright? :lol:

No one on this forum who is waiting for PERM Withdrawal or has his PERM withdrawan earlier?

Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

Good luck!



I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:

Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.

VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.

They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.

The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.

Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.

1. Do I need to send a mail to Consulate asking the specific reasons for denial?

2. Do I need to write to the senator or some one about this?

3. Do I need to consult an attorney about and re-request for a review of the petition?

4. Do I need to ask the employer anything specific.

I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.

Hi,

First some background.
EB2I PD is July 2006
I140 filed Sept. 2006 and approved Oct 2006 with Company A.
Left Company A and joined Company B in March 2007 (172 days after I140 approved).

Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
3. Get the GC and move back to company A?
4. Any other options??

Thanks for your time.

its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.

As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.

There are places (even though not remote) , you cant get appointments for weeks. There must be different reasons for that. I don't think any one answered the OP question:

What blood tests need to be done (apart from HIV and Siphyllis)?

Today when I looked the I-485 status I found the status changed to card production ordered. I'm traveling to India on 1st Dec (coming saturday). It is a business trip and I'm unable to postpone it. My attorney says If I travel now, they will consider the GC abandoned. Is this true?? I have an approve AP with me. I also planned to stamp my H1B visa in India. What a confusion!

Gurus please give your thoughts.

Anil

What if you are a non-immigrant who does not know about the "case status online" and you travel outside the U.S without knowing that your case has been approved. This is where your AP comes into picture as you informed about your impending travel needs to USCIS and they approved it by issuing the Parole doc. So, I am not sure about your case getting abandoned.

But, if your lawyer says that your application will be considered as abandoned, I would listen to his/her advice rather than any of us on this forum since none of us are qualified attorneys. The only exception would be a person who has travelled outside while the GC got approved and has been thru this situation before.

You may also want to post your query at www.immigrationportal.com

In any case, if you can postpone the travel or get an I-551 stamp like someone else mentioned, please do that.

Disclaimer: this is not legal advice.

Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.

SUMMARY: In accordance with the Privacy Act of 1974, the Department of Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Justice/INS-013 INS Computer Linked
Application Information Management System (CLAIMS) (67 FR 64132 October 17, 2002), Justice/INS-031 Redesigned Naturalization Application Casework System (RNACS) (67 FR 20996 April 29, 2002), and Justice/INS-033 I-551 Renewal Program Temporary Sticker Issuance I-90 Manifest System (SIIMS) (66 FR 6673 January 22, 2001) into one Department of Homeland Security/United States Citizenship and Immigration Services system of records notice titled, United States Citizenship and Immigration Services Benefits Information System. Categories of individuals, categories of records, and the routine uses of these legacy system of records notices have been consolidated and updated to better reflect the Department's immigration petition and application information record systems. This system will be included in the Department's inventory of record systems.

DATES: Written comments must be submitted on or before October 29,
2008. This new system will be effective October 29, 2008.
__________________

Can you apply for AC21 for a normal promotion progression from analyst to manager....the job is same but the manager job has additional managerial responsibilities.

gc_check:

Very good advice to young EB-3 folks.

It is not crystal clear wether you can extend H1 or not after using EAD but is clear that you cant be working on H1 for one employer and EAD for another.

Are u the primary or dependant. If you are the dependant no issues cool and enjoy time with baby. If you are the primary then no issues till you get the GC. For primary it is not mandatory to work during the time 485 is pending. But once GC is approved then u need to start full time position with the employer.

Use this one, I USED IT!!. Really good. USCIS Format.
http://www.online-languagetranslators.com/marathi.htm

I used this one as well. Had to pay 70 bucks + $25 for expedited shipping. If you use this one, check the translation (they email it to you) before they mail it to you. Mine had a lot of spelling mistakes.

Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?

2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

Dear Friend,
I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
The Links :

http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf

http://www.immigration-information.com/forums/showthread.php?p=25835

I just skimmed through the page and I see that there are 7 or 8 questions on Highly Skilled Immigration. Any one interested can post their Q as well so that we can make more impact. There are only 300 Q's and I hope he addresses Legal Immigration. Post your Q's. He is an expected Senatorial Candidate in 2008 out of VA.

Any update on this ? Did he answer any legal immigration questions ?

Is Eb3 --> Eb2 porting a wide spread phenomina?

seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough

Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

H1bdude1

As far as I know, the OPT A# is different from what you will get from filing 140. Once you receive 140 approval notice, it should have the A# which you can use on 485...If you don't have one or don't know, leave it blank...

I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.