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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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  #886  
Old 09-23-2009, 11:05 PM
Member
Priority Date
:
Dec-04
Category
:
EB2
I140 Mailed Date
:
12/24/2004
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
12/24/2004
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Join Date: Mar 2007
Posts: 35
paisa is infamous around these parts
Default I got my card but my wife hasnt

Hi I got my approval on Sept 9th. But my wife has't. Getting a bit worried. We got our approval notice for both of us. I am hoping its just a normal delay. Is anyone else having a similar issue?
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  #887  
Old 09-24-2009, 03:59 AM
Member
Priority Date
:
Aug-04
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
07/13/2007
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Join Date: Mar 2006
Posts: 31
ndialani will become famous soon enough ndialani will become famous soon enough
Default kinda similar letter

Quote:
Originally Posted by inderman View Post
I opened an SR with NSC to see if my case is preadjudicated or not as my 485 becomes current on 1'st Oct 09 and here is the email response i received...

The status of this service request is:

The processing of your case has been delayed. A check of our records establishes that your case is not yet ready for decision, as the required investigation into your background remains open.

Until the background investigation is completed, we cannot move forward on your case. These background checks are required to be completed on all applicants who apply for the immigration benefit you are seeking. We will make every effort to make a decision on this case as soon as the background checks are complete. If you do not receive a decision or other notice of action from us within 6 months of this letter, please contact us by calling our customer service number provided below.

I have no idea what i am supposed to do now to take care of this...
Any one else on the same boat ?
My lawyer opened my SR on 9/8. I didn't see any LUD on my case. Last friday, i recieved a Letter from CRIS dated 9/11 ....stating:
""Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do now receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.
Has anyone recieved this kinda mail?
My case is EB2/TSC
Am , i SCREWED!!!
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  #888  
Old 09-24-2009, 09:33 AM
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
seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all
Default We received the same

ndialani,
I opened an SR for my wife on 9/4....I was approved on 9/3....was not getting anything in mail for her...called the Nat Srv Ctr...they told they mailed a letter to her on the 16th so it took them 12 days to respond and the content was the same as yours...actively...need more review...6 months...I told her that I had received the same letter and after 2 days I got approved...She said may be same thing will happen to her too....What crap...they know nothing...as I said before SRs are useless...people in this forum got approved and it so happened that they had opened SRs before and are relating their approvals to opening SRs..

If opening SRs was key to success all pending cases 'd have got approved for 2004....unfortunately it is not so..

SoP
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  #889  
Old 09-24-2009, 12:41 PM
sku sku is offline
Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
05/27/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
06/29/2007
Compare
Join Date: Aug 2007
Posts: 71
sku is a name known to all sku is a name known to all sku is a name known to all sku is a name known to all sku is a name known to all sku is a name known to all
Default Another Update

1. Card Production Ordered - September 17th morning Email [ Both Self and Spouse]
2. Notice Welcoming new Permanent Resident -September 17th Evening Email [ Both Self and Spouse]
3. Card Production Ordered - September 18th Afternoon (The body of the message mentions Sept 17th,2009 as the date when CPO was ordered which is the same) - Email [ Both Self and Spouse]
4. Welcome Notice (Paper Copy) - Received at home on September 19th. Snail Mail [ Only Spouse].
5. Welcome Notice (Paper Copy) - Received at home on September 21st. Snail Mail [ Self].
6. Approval Notice Sent - September 23rd morning (The body of the message mentions Sept 22nd,2009 as the date of Approval Notice Sent) Email [ Both Self and Spouse]
__________________
Green Card Approved on 17th September

God Bless everyone.
One Time contribution :$ 100
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  #890  
Old 09-24-2009, 01:43 PM
Senior Member
Priority Date
:
Oct-05
Category
:
EB2
I140 Mailed Date
:
01/30/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Jan 2009
Posts: 255
gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future gbof has a brilliant future
Default

Quote:
Originally Posted by ruchigup View Post
They are Baker & Mckenzie....charged me hourly...and it was humongous bill. Last month they checked the online status of my case and bill was $17.

I retained them and not some new attorney, because of time constraint and they had the complete history of my case since they were the ones who filed it.
hello ruchigup.
Can you tell if your employer paid the attorney bill or it came through your own pocket. This can give me an idea if I should ask my current employer (btw: my previous employer/university did pay my legal fees directly to attorney).

Yeah, I spoke to IO this morning and he said a copy of rfe has been sent to me too. I am waiting to see what uscis is asking for...thanks for your help
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  #891  
Old 09-24-2009, 05:49 PM
Senior Member
Priority Date
:
Nov-04
Category
:
EB2
I140 Mailed Date
:
09/05/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/01/2007
Compare
Join Date: Jul 2007
Posts: 134
ruchigup will become famous soon enough ruchigup will become famous soon enough
Default

Till my green card file and first EAD and first AP everything was paid for by my employer. They were Fortune 100 company. In 2008 they went into bankruptcy and I was laid off. At that point I lost representation of the law firm. When I joined new employer, they did not cover cost related to green card, (they paid for H1B transfer). So when I received RFE, I chose to hire the old law firm at my expense. It was out of my pocket. They took advance retainer check of $2500, and then they send me monthly statement and later I had to write them another check for ~500. I am still sending them check of 50 or 100. They received the original Approval notice which they fedex to me. That will be another bill in line

Your new employer may have own policy, you must check with them. If they don't cover the cost, you must get set and hurry up about deciding on the attorney.

Quote:
Originally Posted by gbof View Post
hello ruchigup.
Can you tell if your employer paid the attorney bill or it came through your own pocket. This can give me an idea if I should ask my current employer (btw: my previous employer/university did pay my legal fees directly to attorney).

Yeah, I spoke to IO this morning and he said a copy of rfe has been sent to me too. I am waiting to see what uscis is asking for...thanks for your help
__________________
EB2 India, PD: Nov 1 2004
NSC - RD:July 2, 2007, ND:Aug 10, 2007
I-485 RFE: Employment verification 04/17/2009, Case resumed 5/12/2009
I-485 Approved 9/15 & received cards 9/21 !!!
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  #892  
Old 09-24-2009, 06:33 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
seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all
Default No more approvals....

Here is what I received:

DOS on Employment-Based Visa Availability Before October 1, 2009

The State Department has advised AILA liaison that due to the large number of approvals issued in the past few weeks, employment-based visa numbers are no longer available for this fiscal year that concludes on September 30, 2009. This affects all categories of employment based immigrant visas. Numbers will become available again on October 1, 2009, as stated in the October 2009 Department of State Visa (DOS) Bulletin. (AILA Doc. No. 09091061) USCIS will continue to accept I-485 applications in categories showing visa availability based on the September Visa Bulletin, USCIS will not able to approve pending I-485 applications unless a visa number was previously captured. Where a USCIS officer adjudicated or pre-adjudicated a case and it was in the DOS "pending" queue and DOS has sent the electronic notification allocating a number to the Service Center, USCIS should issue the approval. For those consular processing because visa numbers for scheduled cases have already been allocated as part of the scheduling process, scheduled immigrant visa appointments at consulates for September will continue and immigrant visas may be issued.

SoP
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1 out of 1 members found this post helpful.
  #893  
Old 09-24-2009, 06:37 PM
Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2006
Posts: 88
caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of
Default Good, atleast we dont sit and wait now....

Our wait will start again on October 1st. I am glad they cleared it up, so I atleast I dont sit here and check my case status every 5 minutes.

Let's hope October will bring better luck.

Quote:
Originally Posted by seekerofpeace View Post
Here is what I received:

DOS on Employment-Based Visa Availability Before October 1, 2009

The State Department has advised AILA liaison that due to the large number of approvals issued in the past few weeks, employment-based visa numbers are no longer available for this fiscal year that concludes on September 30, 2009. This affects all categories of employment based immigrant visas. Numbers will become available again on October 1, 2009, as stated in the October 2009 Department of State Visa (DOS) Bulletin. (AILA Doc. No. 09091061) USCIS will continue to accept I-485 applications in categories showing visa availability based on the September Visa Bulletin, USCIS will not able to approve pending I-485 applications unless a visa number was previously captured. Where a USCIS officer adjudicated or pre-adjudicated a case and it was in the DOS "pending" queue and DOS has sent the electronic notification allocating a number to the Service Center, USCIS should issue the approval. For those consular processing because visa numbers for scheduled cases have already been allocated as part of the scheduling process, scheduled immigrant visa appointments at consulates for September will continue and immigrant visas may be issued.

SoP
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  #894  
Old 09-24-2009, 06:51 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
seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all
Default

But Caliguy, do you know if you r pre-adjudicated or not? That doesn't have to wait for visa number...all we know for my wife is that her case is with an IO but is not pre-adjudicated.....so Oct 1st will not do any miracle either...and the response to her SR has been that standard...processing your case but need additional review..wait for 6 months...

SoP
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  #895  
Old 09-24-2009, 07:17 PM
Senior Member
Priority Date
:
Jul-04
Category
:
EB2
I140 Mailed Date
:
05/16/2007
Chargeability
:
India
Processing Stage
:
I-140+I-485
I485 Mailed Date
:
08/17/2007
Compare
Join Date: Jul 2007
Posts: 119
fatjoe is a jewel in the rough fatjoe is a jewel in the rough fatjoe is a jewel in the rough fatjoe is a jewel in the rough
Default

Do you know how long is the application with the IO?
Does any one know how long will it take for a decision to be made on an application once it has been assigned to an IO? Has anyone experienced it?
To my knowledge, DAO(or Junior-IO) is the one who pre-adjudicates and passes it on to an IO(supervisor). Would it take months if an application is pre-adjudicated and also assigned to an IO?
Please share your comments.


Quote:
Originally Posted by seekerofpeace View Post
But Caliguy, do you know if you r pre-adjudicated or not? That doesn't have to wait for visa number...all we know for my wife is that her case is with an IO but is not pre-adjudicated.....so Oct 1st will not do any miracle either...and the response to her SR has been that standard...processing your case but need additional review..wait for 6 months...

SoP
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  #896  
Old 09-24-2009, 07:20 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

Quote:
Originally Posted by ruchigup View Post
Till my green card file and first EAD and first AP everything was paid for by my employer. They were Fortune 100 company. In 2008 they went into bankruptcy and I was laid off. At that point I lost representation of the law firm. When I joined new employer, they did not cover cost related to green card, (they paid for H1B transfer). So when I received RFE, I chose to hire the old law firm at my expense. It was out of my pocket. They took advance retainer check of $2500, and then they send me monthly statement and later I had to write them another check for ~500. I am still sending them check of 50 or 100. They received the original Approval notice which they fedex to me. That will be another bill in line

Your new employer may have own policy, you must check with them. If they don't cover the cost, you must get set and hurry up about deciding on the attorney.
Ruchi,

Do you think it's necessary to get the original Approval Notice from the attorney?
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  #897  
Old 09-24-2009, 07:24 PM
Member
Priority Date
:
Jun-04
Category
:
EB2
I140 Mailed Date
:
04/06/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/02/2007
Compare
Join Date: Mar 2006
Posts: 88
caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of caliguy has much to be proud of
Default Not sure...

@ SOP

My file has been under review since April. I asked them last time if it was pre-adjudicated and the IO said yes. When I asked the IO if my file was with a IO, she said its under review since April.

Why would a file be under review for such a long time? Have they misplaced my file? Is the IO who has my file on vacation since April? Only god knows!!

I have changed my attorney, so the new attorney will be making calls to the service center next week. Let's see what they hear back from USCIS.
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  #898  
Old 09-24-2009, 08:33 PM
Junior Member
Priority Date
:
Sep-04
Category
:
EB2
I140 Mailed Date
:
03/23/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
08/03/2007
Compare
Join Date: Dec 2006
Posts: 15
Raj12 is on a distinguished road
Default Received the Magic Email

We (myself & spouse) received the magic text messages and emails today afternoon "Card production ordered".


PD: Sep'04
TSC-VSC-TSC-NSC
No RFE, Employer changed after 180days
SR opened 9/8/09

Last edited by Raj12; 09-24-2009 at 08:35 PM.
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  #899  
Old 09-24-2009, 08:49 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 congrats

Quote:
Originally Posted by Raj12 View Post
We (myself & spouse) received the magic text messages and emails today afternoon "Card production ordered".


PD: Sep'04
TSC-VSC-TSC-NSC
No RFE, Employer changed after 180days
SR opened 9/8/09
@ Raj congrats....enjoy the freedom - you are the last few lucky ones...this month!

I got the same message from the lawyer this evening that @SoP already posted...It is unfortunate that there will be no more approvals this month BUT what I see in it is - at least they are under "pressure" to use up all the numbers as quickly as possible..That should be a good practice and should help everyone in the long run..

@cali, @fatjoe @apb @SoP and everyone who deserves to GET GREEN but still waiting - October is the month for you. I am sure you all will see some good news in the first few days itself...crossing my fingers for you folks...

Thanks,
__________________
** Finally Green on 9/17/2009
PD - Jun 2004 EB2 I - NSC
July 2nd filer
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  #900  
Old 09-24-2009, 09:03 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
seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all seekerofpeace is a name known to all
Default Thanks

Kubmilegagc,
Tumhare moonh mein ghi shakkar....I guess to be approved the basic thing needed is the case to be pre-adjudicated...and that does not await visa numbers. Since my wife's case is not even pre-adjudicated, but with an IO, I have little hope for her approval....though I am in touch with the congressman's office...which ofcourse is of little help...

By the time her case gets preadjudicated there may be no visas left and one thing for sure Nov will see EB2 either U or retrogressed back to EB-3 time....
SoP
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