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indyanguy
11-16 12:04 PM
Hi Ramba,
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
1) You need to file a Change of status to H1
2) Please see one of the links posted by me earlier (a link to Ron Gother's site) which says that if you get a H1 extension based on AOS and AOS is denied, you are NOT allowed to work on H1.
Thanks for your response.
I have few other questions based on your response please. I am considering BOTH the options and will act accordingly with the BETTER option.
(1) EAD -To have the remaining of H1 as back up: If I use EAD and move to the new employer and also send AC21 documents to USCIS. My current employer will cancel H1 and revoke approved I-140. Also looking at the current scenario if USCIS denies 485 within a couple of months how do I get back to H1-B ASAP while I file MTR?
(2) H1 - Maintain H1 and use AC21 with H1 transfer(I will have around 9-10 months of H1 remaining at this point of time): And if current employer cancels H1 and revokes I-140 and that triggers 485 denial, I will still have some H1 period remaining and this should aid me in CONTINUING the new JOB while I file MTR?
Cheers,
Srini
1) You need to file a Change of status to H1
2) Please see one of the links posted by me earlier (a link to Ron Gother's site) which says that if you get a H1 extension based on AOS and AOS is denied, you are NOT allowed to work on H1.
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06-14 05:18 PM
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rockstart
07-02 11:17 AM
Here is what I guess people are scared of
Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
Every company has a lawyer on its payroll so they can easily start some court case to harras you. In this country you do not have much support except some close friends and may be far off relatives. So even if you know that you have done nothing wrong and have solid case the idea of hiring a lawyer and fighting a legal battle scares a lot of people. Plus every one has a job and family responsiblities and they cannot devote time to all these things. Say you are now working in New Jersey and your old employer is based in California and files a case against you there what will happen will you have to travel to california to represent in case? what will happen to your job and expenses etc. I am not sure if these are valid concerns but just thinking of this will dissuade a person to gear up for any kind of fight.
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unitednations
03-31 12:06 PM
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
We have to understand that there is a myriad of laws; INA, CFR's; USCIS policy binding memos; internal memos; appeals decisions, court cases, precedent aao decisions, precedent legal cases.
Now; the ac21 memo is a memo that uscis officers have to follow. However; the memo is not in accordanc with INA 245 or AC21.
INA 245 states that a valid and approved 140 is needed for a person to get lawful permanent residency.
ac21 says that a person can change jobs after 485 has been pending for more then 180 days.
The above two things are the law.
In ac21 law; it doesn't say anything about the scenario if 140 is revoked by employer. It is totally silent to it.
USCIS in their memos realized that ac21 law would not have any meaning if the employer still controlled the 140 if a person was eligible for ac21; therefore, they issued the memo (memo is not law but binding; memos can be changed; however, there has been nothing public about any possible change).
Memo is clarification which they have been following for many years and as far as I know still binding.
more...
kubmilegaGC
09-24 07:39 PM
I CAN NOT BELIEVE THIS...this morning 10:00AM CST we got the CPO emails for both of us...
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
....and the final step #6 is done - got the physical cards at home today. One long journey comes to an end!!!
Wishing LUCK for everyone who's still waiting!
I just can not thank Aall of you enough and the IV community for the support they have provided over the last few years - especially since Sept 1.
THANK YOU GOD - THANKS FOR LISTENING.
I will be around - not going anywhere and will support IV efforts!
BEST OF LUCK FOR THOSE WHO ARE WAITING...Believe me "appka bhi number aayega" I was loosing hopes - since Sept 1 when saw number of approvals after my PD/RD/ND etc..but there is really nothing that can predict this system.
Here is my journey - encapsulated:
PD- June 04
I485 files on July 2nd 2007 - NSC
RD 8/4/2207
SR #1: 9/4/2209
SR #2" 9/11/2209
Senator contact: 9/10/2009 and 9/11/2009
Infopass: 9/15/2009
CPO emails: 9/17/2009
Hang in there - open SRs and contact your senators!!!
....and the final step #6 is done - got the physical cards at home today. One long journey comes to an end!!!
Wishing LUCK for everyone who's still waiting!
langagadu
08-25 01:04 PM
I don't think this is related with EB immigration. admins please close this thread.
more...
Mayday
03-30 07:49 PM
I am sorry guys, but I was only able to read through the 1st page; and there are a lot of dumb answers and advises.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
The best you could do now - go to immigration lawyer. Take a $100-$150 consultation and clarify all answers and the following strategies:
Alex, you did not do it well coming to USA without employer consent, so he has some defense. If you sue him he will argue that he DID NOT ask you to come; or even more ASKED NOT TO COME. if this was the case, it will be cheap for you to just pack the belongings and leave before you are here for 6 months; as staying longer will make you ineligble for any visa for next 3 to 10 years.
If you both agreed on day of arrival before and you came on day agreed and then was asked not to come to work - you can sue the employer at least for the cost of transportation. You can also sue him for money he must pay you until he officially fires you from work - because what he currently does is "bench sitting" - which is also not legal for him. So until he officially notifies you that he fired you, he must pay.
If you paid for H-1 fees then you could also try to file a police report on this matter - if the total of fees is less than what you paid then an employer could be responsible for the difference, and you can suspect that all he wanted is to rip you for these money (fraud). This will be especially true if his company profile does not match your skills (he is a restaurant and you are a doctor for example).
If you leave the country it will be very hard and expensive for you to sue him. So try changing to B2 or consider leaving the country and coming back later. Bad thing about going to B1/B2 status is that you claim you are going to leave the country afterwards; but you can actually change B1/B2 status to H1 but you should not mention you are going to actively look for another job as it is against your claim about leaving country after that.
Another your mistake is to look for H1 transfer. Since you never worked for any company on H1 you are not eligible for this type of petition. But a new employer can file a new petition and reference your approved but not yet used H1B approval so that you do not need to be counted, and on premium processing they will be able to get response in 2 weeks. It is as simple as transfer but it's not a transfer and most companies will not be able to do that without an attorney.
So generally I would advise you to use "attorney locators" service as you would pay much less for first consultation with an attorney then or could afford 3 consultations with different attorneys and choose the one who is actually willing to solve this case. You have two lawyers involved: immigration lawyer and labor lawyer and most probably you would need two of them. One to resolve your H1 issue with a new employer if you risk to stay and continue looking for a job, and another lawyer to sue your employer for transportation and probably first month check.
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prinive
03-13 10:37 AM
Thanks ... Yes I guess so...
Good luck - Guess u r through
Good luck - Guess u r through
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AJT
07-14 08:34 PM
Signed
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wandmaker
06-02 12:17 PM
called all of them, updated the poll.
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jonty_11
02-01 03:20 PM
A desi consulting company brought him to the US. When they realized he wasn't going to get a project, they just didn't let go of him. Since he was a reliable guy (1. he can be trusted with monthly grocery payment 2. his labor can be sold later to others 3. he servres as an insider who can get information if other consultants are trying to be sneaky by getting their resumes marketed by another company, etc etc, basically he is an asset even thought he doesn't have a project), they just decided to keep him there. These companies don't have attorneys. They take care of all legal matters themselves. Now, how much is hte USCIS fee to file for labor? How much to file for I-140? Peanuts right? So they continue to keep his application active. How hard do you think it is to get fake references when you can make fake resumes. They have fake pay stubs. Fake experience. Fake this and fake that. Everything they do is fake.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
So to others who have said that this thread has to be dropped, and have said that these desi companies are right in doing what they're doing, or who have blamed the system - I think that you are one of those people who are involved in such a racket. I know that I have touched your nerves by letting the whole world about this (not that some people didn't know this already). Why else would you want this thread dropped?
Actually I know a guy who lost his job and joined a restaurant as a cook or something and applied GC, then after 1 yr or so got job again and used the EAD to change to the Tech Field again and at a different location.....I hear he is indeed facing some problems now.
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praky
08-10 11:23 AM
Thanks gimme_gc2006.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
I know how it feels when guys out there with priority date later than you get approved and you're stuck in this black hole with no clue on what the current status is.
Usually, it takes atleast 7 days for the congressman staff to get any response. It's always better to call the staff casually after couple of days to make sure they have got all the paper work you've sent and they are working on it.
I'm sure your case will be approved soon - have hope.
more...
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kingkon_2000
08-25 12:44 PM
Second the idea of using an ATM card for this purpose. You can get an ATM card for your parents or relatives in India from your local credit union or bank in the US.
ATM is a good idea.. What I normally do is I take or send my US check book signed of course and my name or family members name in pay to field.. No transfer fee or any thing and you can directly deposite it in any bank account with USD amount on it. The catch here is it take 10-15 business days.. but if it is not an emergency I find this is the best way and besides this you get better rate too...
ATM is a good idea.. What I normally do is I take or send my US check book signed of course and my name or family members name in pay to field.. No transfer fee or any thing and you can directly deposite it in any bank account with USD amount on it. The catch here is it take 10-15 business days.. but if it is not an emergency I find this is the best way and besides this you get better rate too...
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sledge_hammer
03-13 03:40 PM
D. INDIA EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?
My take is that there is horizontal spill-over in unused visa numbers - correct?
Section 202(a)(5) of the Immigration and Nationality Act provides that if total demand will be insufficient to use all available numbers in a particular Employment preference category in a calendar quarter, then the unused numbers may be made available without regard to the annual “per-country” limit. It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.
Does "calendar quarter" mean that only within a fiscal year unused visa numbers are made re-available, but does not spill over to the next fiscal year?
My take is that there is horizontal spill-over in unused visa numbers - correct?
more...
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ilikekilo
04-09 08:15 PM
Sameet,
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Got a RFE for my spouse's TB test as it was not submitted at that time...
gcisadawg, remember, you can get from a pediatrician or whoever BUT as you know they should be "Certified" by USCIS for you to go get from them...dont forget that..and based on the links I referred to you earlier you dont have too many options abroad...basically a center where you may have to go and get there..
To avoid all these headaches I would go try to get more time by asking USCIS..
Thanks for your response. My wife is in India currently. Wondering if we can get a letter from a pediatrician there.
Thanks,
GCisaDawg
Got a RFE for my spouse's TB test as it was not submitted at that time...
gcisadawg, remember, you can get from a pediatrician or whoever BUT as you know they should be "Certified" by USCIS for you to go get from them...dont forget that..and based on the links I referred to you earlier you dont have too many options abroad...basically a center where you may have to go and get there..
To avoid all these headaches I would go try to get more time by asking USCIS..
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answers_seeker
07-18 01:50 PM
Thanks...but isn't the post mark date is when you send the mail ?
Right.But in your case, the guy who recieved your packet..might have mistakenly stamped the postmark date as the RD date . If so that is definitely their mistake. Wait a week or so to see what happens and if you dont' hear anything, take an infopass appointment to sort it out.
Right.But in your case, the guy who recieved your packet..might have mistakenly stamped the postmark date as the RD date . If so that is definitely their mistake. Wait a week or so to see what happens and if you dont' hear anything, take an infopass appointment to sort it out.
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santb1975
06-05 10:38 AM
Keep this campaign going
Hello there,
I called of them, took me less than 15 minutes. i am sure everyone else can call too. The selfish brats who have EAD's and are acting ignorant, remember if something goes wrong you could be stuck on EAD's for another 5- 10 years. The point is, we all as a highly skilled immigrants have an obligation to help ourselves and the ones who are stuck in this limbo till we get our GC.
You can either choose a piece of pie or take the whole cake home for your family and friends. Life is all about choices and a man is as good as his word. So give out your good word and help the others. 15 minutes that's it.
Hello there,
I called of them, took me less than 15 minutes. i am sure everyone else can call too. The selfish brats who have EAD's and are acting ignorant, remember if something goes wrong you could be stuck on EAD's for another 5- 10 years. The point is, we all as a highly skilled immigrants have an obligation to help ourselves and the ones who are stuck in this limbo till we get our GC.
You can either choose a piece of pie or take the whole cake home for your family and friends. Life is all about choices and a man is as good as his word. So give out your good word and help the others. 15 minutes that's it.
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sledge_hammer
01-31 10:54 AM
From what I understand, once the law comes in to affect, labor substitution will no longer be allowed so desi companies can't sell labors anymore. But the 2nd part of the puzzle was that approved labor will only be valid for X number of days (like 45 days as originally proposed) and I am not sure if this impacts the existing labors or not. 45 days expiration may only apply to new labors but no details has emerged yet so we'll have wait and see when the details come out. If it also applies to existing labors then we are home free because after the expiry date, all labors will automatically be canceled. Well, let's wait the for the fine details to come out first.
As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
As for you, it appears that as long as your substitution is approved before the law comes in to effect, there won't be any problem. If not approved by that date then it's kind of fuzzy as to what will happen. If you haven't filed already, just file premium and I am sure you'll have your 140 approved before the law takes effect.
Thanks for the reply.
I am not using substitution labor. I do not condone any one who does it for monetary reasons.
So the rule hasn't taken affect yet huh! I will definitely send my application out in premium processing this week. Just worried that I have passed the 45-day time period :( . Does my I-140 have to be approved before this rule is implemented, or just that my application needs to be filed ?
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cardamon
09-13 08:25 PM
We can also align ourselves with H1B lobby/Healthcare lobby and request to file I-485 without visa numbers. That will at least stop some of the indentured servitude and our spouses can work.
Why don't we think thorough about this great idea?
I have an amendment to it. Basically all I currently care about is work permit for my spouse, even temporary authorization would please us enormously, say for the period of retrogression delay.
If I recall correctly, spouses of people on L visas can work, why do we have to suffer?
Why don't we think thorough about this great idea?
I have an amendment to it. Basically all I currently care about is work permit for my spouse, even temporary authorization would please us enormously, say for the period of retrogression delay.
If I recall correctly, spouses of people on L visas can work, why do we have to suffer?
gjoe
10-27 08:02 AM
THE POLL CHOICES HAVE BEEN TAMPERED BY THE MODERATOR. (CHOICES 3 and 4 were not in the original POLL)
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
RESULTS : Yes - 37, No -117 ( 77+7+33) Detailed interpretation of the poll results will be put up soon. Please feel free to continue posting on this thread
I thanks everyone for your responses. I wish you all good luck with your GC's and your lobbying.
For all those who voted "Yes" for sure you are worth the smarts, you will be at the top no matter were you are.
Let us all have a rally to move back to our countries on 4July2008 to symbolically show that we want our Freedom and Independence and never return back.
If all the articles about reverse brain drain we are reading about is true they would do something to solve this GC situation. Otherwise the anti-immigrants will come to see us off while we depart this country and never to return back as H1B's trying to get GC's and live here. This will go into history, 30yrs from now and our grandchildren will read about it. And may be we will get some special pension at our home countries for returning back and helping it to do better.
Please take the poll to indicate if you would participate in this QUIT AMERICA MOVEMENT FOR OUR FREEDOM AND INDEPENDENCE
PS: Ask the yourself why someone had to modify a poll? Ask yourself why you have to take direction from people who can't be original.
jayram123
07-12 07:34 AM
If PD is not current, they cannot accept the application, the just have to return the applications citing the same reason. If they accept the application they have to receipt it and if they reject, then they need to have qualified reasons for it... Not having available visas is not an acceptable reason to reject the receipted applications. It goes to shelves untill visa number becomes available... Note. if they receipt, they need to process EAD/AP and work on the application like any other.
This is my understanding..
based on the CIS SOP, mail room receiving is different than initial processing. Just because they accepted in mail room does not mean it is accepted. The validity of the filing is determined in the initial processing; and initial processing is complete only if you receive a receipt notice or you get your packet back. If you get your packet back, this is not denial; this is rejection. Denial is when you get yor receipt notice but your 485 is denied.
Currently, June Filers who filed mid-month are getting their receipts which means we will know our fate only probably by the end of month or even later. keep your fingers crossed.
http://imminfo.com/resources/cissop.html
This is my understanding..
based on the CIS SOP, mail room receiving is different than initial processing. Just because they accepted in mail room does not mean it is accepted. The validity of the filing is determined in the initial processing; and initial processing is complete only if you receive a receipt notice or you get your packet back. If you get your packet back, this is not denial; this is rejection. Denial is when you get yor receipt notice but your 485 is denied.
Currently, June Filers who filed mid-month are getting their receipts which means we will know our fate only probably by the end of month or even later. keep your fingers crossed.
http://imminfo.com/resources/cissop.html
