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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #661  
Old 09-15-2009, 06:23 PM
Donor
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
08/28/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/30/2007
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Join Date: May 2007
Posts: 159
Blog Entries: 1
feedfront has a spectacular aura about feedfront has a spectacular aura about feedfront has a spectacular aura about
Default Write to USCIS ombudsman

Quote:
Originally Posted by rpat1968 View Post
Yesterday I received response to SR I opened on 3rd Sept 09 saying that there is not visa available because I am in EB3. Mine is EB2 - PD july 2004. So I opened another SR yesterday mentioning about the issue with the EB classfication and today got the repsose back saying that the information they provided is correct and there is no visa available and my case is awaiting review by an officer. I called USCIS again and got connected to a rude 2nd Level CSR/Supervisor who was very rude and asked me to wiat for 90 days as my case is under extended review. She is unable to tell under what category I am in and not cooperating even after explaining the issue. She is saying that they are get lot of calls from applicants and wants us to have patience.

See the two responses for the SR's :

SR1 :

"Based on your request we researched the status of your I-485 application. We are actively processing this case. However, Employment-Based, 3rd Preference, India, does not have a VISA available at this time according to the September 2009 Visa Bulletin. You may visit the State Department website at www.travel.state.gov/visas to view this information regarding VISA availability. Service records indicate your case is currently waiting to be reviewed by an officer. You will receive a decision or notice of other action once your case is adjudicated. The Service is waiting for Visa availability."

SR2:

"Service records indicate that your priority date and category are correct. We cannot make any corrections to this information. Your application/petition 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. Please check the visa bulletin website to check visa availability dates at www.travel.state.gov"


My lawyer saw these responses and looks like he also doen't know how to handle this issue. Yesterday he advised me to send a letter to NSC explaining the issue but I am not sure where to send and if NSC will do anything about it.

I am not sure what to do now.
Check your I-140 for EB-category. Write to USCIS ombudsman using the DHS-7001 form explaining the discrepancy, enclose the copy of I-140 (higlight PD & section). Contact your senator, if possible.
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  #662  
Old 09-15-2009, 06:31 PM
Senior Member
Priority Date
:
Apr-04
Category
:
EB2
I140 Mailed Date
:
08/13/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/13/2007
Compare
Join Date: Jul 2007
Posts: 130
Imigrait is a jewel in the rough Imigrait is a jewel in the rough Imigrait is a jewel in the rough Imigrait is a jewel in the rough
Default

Received "Welcome Notice" and "CPO" emails today!

Thanks everyone and thanks Immigrationvoice for support during this journey.
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  #663  
Old 09-15-2009, 06:37 PM
Member
Priority Date
:
Jul-04
Category
:
EB3
I140 Mailed Date
:
11/23/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Jun 2006
Posts: 88
Blog Entries: 1
rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough rpat1968 is a jewel in the rough
Default

Did a infopass on 9/11/09 and the IO opened a internal SR. No update yet from it?
Contacted Senator yesterday and wiating for resonse. My Attrorney will be wiritng to USCIS this week. Today I see approvals coming for receipt dates in july 2007, may be mine in the pipeline.

Quote:
Originally Posted by feedfront View Post
Check your I-140 for EB-category. Write to USCIS ombudsman using the DHS-7001 form explaining the discrepancy, enclose the copy of I-140 (higlight PD & section). Contact your senator, if possible.
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  #664  
Old 09-15-2009, 06:44 PM
Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Sep 2009
Posts: 67
kubmilegaGC will become famous soon enough kubmilegaGC will become famous soon enough
Default

@ ruchi,

My SR was opened on 9/4 (Friday) - no action/response on it yet.
Wife's SR opened on 9/11 (Friday) - she received response on 9/14 (Monday) saying the case is with an officer.
I took infopass this afternoon (9/15 - Tuesday) - Lady said everything looks okay and your file was assigned to an officer on 9/11 (I asked for MY file NOT my wife's in this case since I went for infopass)

so looks like her SR initiation worked...and now waiting..havent called the SC yet - should I???
__________________
** Finally Green on 9/17/2009
PD - Jun 2004 EB2 I - NSC
July 2nd filer
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  #665  
Old 09-15-2009, 06:47 PM
Donor
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/15/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Dec 2007
Posts: 124
ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all
Default My experience...

Quote:
Originally Posted by kubmilegaGC View Post
the local service center lady said - Assigned to an office on 9/11 - now HOW MUCH OF A WAIT AFTER ASSIGNED TO AN OFFICER? recent approvals - can you shed some light?
Hey kubmilegaGC, hopefully, this will be encouraging/useful info to you...
At my Infopass appt. (on 09/03), I was told that my (and my wife's) 485 apps were assigned to an IO on Aug. 18, 2009. We recd. our CPO emails on 9/10 and the approval notices came in the (snail) mail on 9/14 - something like 3-4wks in our case. Hopefully yours will take lesser time than this.

Either way, hang in there, and the best of wishes and luck to you for a speedy approval - and October remains a good month for us.
__________________
PD: Dec 01, 2004 (EB2-I)
I-140: Jan 26, 2007
I-485: RD Aug 15, 2007; ND Oct 02, 2007
FP: Jan 15, 2008
FP & NC: Cleared Aug 2008
RFE Apr 2009 (responded Apr 2009)
CPO: Sep 10, 2009
Approval notice: Sep 14, 2009 (in the mail)
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  #666  
Old 09-15-2009, 06:48 PM
Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Sep 2009
Posts: 67
kubmilegaGC will become famous soon enough kubmilegaGC will become famous soon enough
Default

@ cali - I did everything that you did ...and I am wondering like you too I just wrote about my chronological order of inquiries...from @ruchi experince - may be after things get assigned to a officer and infopass - things move - lets hope for the best in next couple of days!!
__________________
** Finally Green on 9/17/2009
PD - Jun 2004 EB2 I - NSC
July 2nd filer
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  #667  
Old 09-15-2009, 06:52 PM
Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Sep 2009
Posts: 67
kubmilegaGC will become famous soon enough kubmilegaGC will become famous soon enough
Default

@ksrk - thanks for the timeline ..our cases are assigned on 9/11 - so lets see how much time it takes after that? Thanks again for the info though and the wishes need all of those!
__________________
** Finally Green on 9/17/2009
PD - Jun 2004 EB2 I - NSC
July 2nd filer
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  #668  
Old 09-15-2009, 07:12 PM
Donor
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
07/15/2006
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
08/14/2007
Compare
Join Date: Dec 2007
Posts: 124
ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all ksrk is a name known to all
Default You bet!!

Quote:
Originally Posted by kubmilegaGC View Post
@ksrk - thanks for the timeline ..our cases are assigned on 9/11 - so lets see how much time it takes after that? Thanks again for the info though and the wishes need all of those!
Btw, hebbar77 had posted similar information - I think his/her case was assigned to an IO ~Aug. 26th and s/he got his/her approval in the last couple of days. Maybe you can send him/her a PM to find out and either way, that's another data point in support of a 3-4wk timeframe.
__________________
PD: Dec 01, 2004 (EB2-I)
I-140: Jan 26, 2007
I-485: RD Aug 15, 2007; ND Oct 02, 2007
FP: Jan 15, 2008
FP & NC: Cleared Aug 2008
RFE Apr 2009 (responded Apr 2009)
CPO: Sep 10, 2009
Approval notice: Sep 14, 2009 (in the mail)
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  #669  
Old 09-15-2009, 08:37 PM
Junior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Jun 2007
Posts: 4
npraveen is on a distinguished road
Default Dependent Application pending

I got CPO email and also got my welcome letter in mail yesterday. But I did not receive any updates for my wife who was filed as my dependent. Most of my friends got emails for the main applicant and derivative on same day. We called an IO today and she said her case is with an officer too. She also said its little weird that my case is approved and my wifes case is pending.
Does anyone see this thing happenning ?
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  #670  
Old 09-15-2009, 09:10 PM
Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/23/2007
Compare
Join Date: Jul 2006
Posts: 37
whatamidoinghere is on a distinguished road
Default

Quote:
Originally Posted by npraveen View Post
I got CPO email and also got my welcome letter in mail yesterday. But I did not receive any updates for my wife who was filed as my dependent. Most of my friends got emails for the main applicant and derivative on same day. We called an IO today and she said her case is with an officer too. She also said its little weird that my case is approved and my wifes case is pending.
Does anyone see this thing happenning ?
I have the same issue. I got my card but my wife's case was transferred to National Benefits Center last week, and we'll probably be called for an interview. I suspect it is a fingerprint issue as my wife had previously received a FP notice due to bad quality of the fingerprint and maybe the second attempt has also not yielded good prints.
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  #671  
Old 09-15-2009, 09:17 PM
Member
Priority Date
:
Oct-04
Category
:
EB2
I140 Mailed Date
:
03/12/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/10/2007
Compare
Join Date: Mar 2006
Posts: 82
rick_rajvanshi is infamous around these parts
Default Recd Approval and CPO Mails today

Recd Approval and CPO Mails today.
NSC , PD Oct 2004 , Receipt Date : 8/10/2007 , Notice Date : 9/15/2007

Last edited by rick_rajvanshi; 09-16-2009 at 01:47 AM.
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  #672  
Old 09-15-2009, 09:31 PM
apb apb is offline
Senior Member
Priority Date
:
Mar-04
Category
:
EB2
I140 Mailed Date
:
03/18/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/17/2007
Compare
Join Date: Jul 2007
Posts: 286
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Default What criteria USCIS follows?

I am seeing all these approvals and I wonder what order they follow.
My PD is Mar/04.
140 approved more than two years back.
Receipt Date = July/19th/2007
ND = Aug/17/2007.

Looking at the approvals I am not seeing any pattern/order. In some cases there are LUDs and in some there are no LUDs before CPO mail.
Should we even take into account these when we are guessing on our case?
For the money they take I wish they had more transparency. Hopefully the new website brings something different and meaningful.
With dates being current 1 month and next month the dates moving back, what is the point of an SR where we have to wait for 60 days?
__________________
http://www.cafepress.com/immivoice
EB2 - India
PD - Mar/2004
I 140 approved
I 485 Date received July/20/2007
RD July/20/2007
ND Aug/17/2007
FP Oct/5/2007
EAD/AP - Received
GC interview date Nov/2009
GC approved Feb/17/2010

If my post has been helpful, please consider contributing to immigrationvoice. It will help us continue this effort and serve the community. Thank you.
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  #673  
Old 09-15-2009, 09:44 PM
Senior Member
Priority Date
:
May-04
Category
:
EB2
I140 Mailed Date
:
07/02/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Oct 2006
Posts: 477
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Default

Quote:
Originally Posted by kubmilegaGC View Post
@ksrk - thanks for the timeline ..our cases are assigned on 9/11 - so lets see how much time it takes after that? Thanks again for the info though and the wishes need all of those!
Hey KubMilageGC, My case was assigned to IO on 2nd Sep and got approved on 12th so wait for your case. It will definitely get approved in a few.
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  #674  
Old 09-15-2009, 09:56 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB2
I140 Mailed Date
:
01/30/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/20/2008
Compare
Join Date: Jul 2007
Posts: 218
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Default So have I

same issue for me. I got the approval notice by mail but no cards and am told not to contact USCIS for 90 days and they may send Biometrics notice. For my wife we took Infopass and it was useless...we are told it is with an officer...it is not preadjudicated...my lawyer thru AILA found that there seems to be biometrics issue for her....and they have sent another FP notice which i shhould get in 2 weeks....but I didn;t see any soft LUD for her...shouldn;t a FP notice generate a s oft LUD...

Had generated an SR for her too...I guess we are having problems because we are transfer cases TSC-CSC-TSC...so we are kinda stuck....Had sent letter to ombudsman....

Dunno what else I could do...but this much is sure that biometrics won't hold approval otherwise I won't have been approved......they are just not interested in her case I guess at least till visa nos are available...then it will be easier for them to send a letter...waiting for visa number which will silence me for another year...

SoP
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  #675  
Old 09-15-2009, 10:42 PM
Junior Member
Priority Date
:
Oct-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Aug 2009
Posts: 14
snddlth will become famous soon enough
Default VISA Numbers exhausted

I called up TSC regarding my case and the IO told me that my case is still not assigned to any IO and she also informed me that all VISA numbers for Sept are exhausted.
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