Imdeng, I do not know whether the fees includes the tests or not, I'll let you know for sure on Tuesday . I'll take the other route depends upon Tuesday's outcome. Thanks a lot!
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Hi:
I have a few quick questions and hope to receive a reply here:
1.) My wife is dependent on my I485 application and we are current from this month on, does it hurt if her company applies for her H1B extension? We have a valid EAD/AP combo valid till Feb next year, but her company is insisting on renewing her H1B which expires in couple of months.
2.) Seeing the approval trend lately, looks like NSC is on fast track over TSC approving the I485 cases. Do the SCs equally divide the visas between them or is it first come first serve? If its the later and if TSC follows this trend then GOD help the TSC folks as they are SOL for sure.
Thanks!
1) It does not hurt to apply for the H1B extension, except whoever pays for the process basically ends up wasting the money ! If you are current as of the start of this month, then you are very very likely to get greened before the 15th of the next month !! If the company is willing to wait until that date to file for the extension, it may not even have to do it. From your point of view, (if you are not paying for the H1B .. you shouldn't be anyways according to the law) it does not hurt nor help.
2) I do not know... assumption is that it is FIFO .. so if NSC is going gr8 guns and ends up using all the Visas available for the rest of the year .. then we all at TSC are toast .. !! I think it is an extremely extreme situation though .. and TSC will most likely pick up and in fact will end up issuing more Visas than NSC when all is said and done .. !
NSC may not even have as many adjudicated and eligible cases to use up all the available visas ... In fact, the hope is that NSC+TSC combined do not have enough "eligible (pd<cd)" cases at this point to use up all the available visas ... until DOS decides to move the dates far enough .
take it easy my friend .. your green time is nigh :)
Thanks PDFEB09. Yes, she is a FTE so nothing from our pockets on H1B renwal...Hopefully this GC mess is behind us soon. Just like getting VISA, the GC will be obtained when ALL the stars align...since no logic works as to on what basis they approve the cases :)!
Cheers!
Does an address change trigger
a. Background check
b. additional review (What does this mean)
c. Extended review (what does this mean)
EB2 PD 2008. RD 01-2012. Dates retrogressed shortly after. Address change 2012 Dec, filed AR11 as well. Status changed to Initial Review(not sure if it address change or not).
Case was untouched until 6/19/2014. No RFE notification. Just got the USPS mail for EVL and Medical. Responded. Status change to RFE-RR on 6/19. On 6/20 went back to IR- Address change.
Why would they note the address change if the system was updated in 2012? Is a background check again being initiated?
I want your opinions, does not matter if it is the fact or not.
Usually the background check is a one time deal. I really dont know what each status means truly. I just think there are 3 options before the "decision" status and they have to pick one. So I'm not sure if the "initial review" or "acceptance" status means anything at all.
The IBIS check has a validity of 180 days (AFM Sec. 10.3). It must be valid for the case to be approved and will be rerun if necessary.
If the IBIS check takes a long time to complete, the case can be referred to USCIS HQ after 150 days for a case by case review. This is the latest Memo on the subject, and superceded an earlier one where a case could automatically be approved if the background check took more than 180 days.Quote:
An IBIS query on a new application/petition must be run within 15 calendar days of initial receipt. In addition to the initial query, an IBIS query must be conducted at any of the following times, if evidence of the IBIS query indicates it is no longer current (i.e. more than 180 days old):
- At the time of decision;
Thanks Spec, then most who filed in Jan 2012 and are current now, will have to be subjected to the IBIS check since it is over 180 days.
Wow!! So after about 5 calls so far, we just found out that my wife (filed as dependant) has had an RFE since 22nd May but we never got it, and neither did my lawyer! Case status online shows up as acceptance the whole time, and even today it's showing up as acceptance! Something is really messed up with TSC!!
Now, i'm worried that even my case has an open RFE but these guys won't let me pass through to L2 to get that answer! opened a new Service Request! let's see what happens!
Just crazy!!
My currently online status shows up as RFERRR (RFE response review) since May 2012.
Hopefully, a simultaneous IBIS check query was issued on every case that had an I693 RFE issued to it in the past few months ... that would bring the checks and results and all the requirements for a case in compliance at the right time .. if it was not, then may be that is one of the reasons why TSC is holding off on granting the GCs ??
The new memo mentioned by Spec says "In fact, the FBI is currently returning name check results on average in 90 days."
We will know more as the approvals start rolling in .. hopefully soon !!
TSC is incredibly screwed up! My sequence of events is so complex and unbelievable its even hard to explain it here.
Bottomline is, after 2 calls to L2 and careful, detailed explanation that they sent one of our RFEs to the wrong address, they have again sent the RFE to the wrong address! This is despite the fact that they have the right address on record (complex explanation - too long to go on here). The frustrating part is we don't even care about the RFE they are sending to the wrong address, because we have already responded to it (received via my lawyer) and they have acknowledged receipt of the RFE response!
But, because the RFE sent to wrong address (which is not even a real address - but a mixed up address) gets returned by the postal dept after 2-3 weeks, USCIS flags it as an undeliverable RFE and the whole thing goes through the same loop again.
It seems to me that the TSC system has home address entered on an official page - which is what BOTH L1 & L2 see and read to you when you call to check the address (and which you are assured is correct) - but despite the correct address showing there, they are able to send it to a *wrong address* when they send the RFE! In our case, the wrong address was: top line- new address, city line- old address. We would normally have not thought this to be possible, but we figured this out only because we are receiving some USCIS communication at the right address (eg, saying your address is updated) but not receiving the actual RFEs (while our lawyer who is sent a copy simultaneously is receiving them, and moreover, we are receiving the RFE emails when they are sent).
My PD is end Jul'08. I missed the opportunity to file in 2012 but I was finally able to file AOS this month. We got our receipt notices yesterday. I've some questions listed below:
1. How long does it take to receive biometric requests in the mail?
2. Given recent news that the dates are going to retrogress in Nov, is there a possibility that we could get greened before retrogression?
3. Once I get the EAD, I plan to keep my fulltime job (which is on H1 valid till May '16) but use my EAD to do some consulting work on my freetime. Would this present any issues? pls advise if you've gone through this experience.
4. I'm in engineering and there could be some program management jobs opening up in my organization. If I shift to those jobs before GC is done, would this be in violation of PERM.
1. Generally a couple of weeks. Once you get it you can walk in to the office earlier than the appointed date/ time on the biometrics notice.
2. There's a slim possibility it might happen depending on how quickly the IBIS and other background checks happen. Its a 4-month processing time so it would be touch and go.
3. No issues there. You should set up your own company and consult under that name. There are tax considerations but nothing immigration-related
4. This is where it might get tricky. In the event you get an EVL RFE, your employer (with the help of the lawyer) needs to be able to tweak the job description so that its similar to what was in PERM. Job title is less important than the role itself.
For those who are current from Jul onwards, but who had applied I-485 in the Dec-2011 to March 2012 timeframe, those asked for fingerprinting again? Finger printing is valid for 18 months? Are the approvals being given without re-fingerprinting for such cases?
Are they (USCIS) still issuing RFE or has it stopped?
Sorry if this is wrong forum. please move it to the right forum.
So this is strange. My RFE for Medical was issued on 17-June. My response is with the lawyer - not sent yet. Just now my status changed from "RFE" to "Initial Review". Happened for primary and dependent simultaneously. Whats going on? Why would they touch my file BEFORE receiving my RFE response? Is this the pre-adj process kicking in? Are they getting ready for the next VB? What?
I remember reading something very similar on trackitt but did not pay much attention. Anybody else recalls something similar?
BTW - this is the first time I am in IR. Before RFE, I was in Acceptance stage. So may be my case was not pre-adj before and they are starting that process now?
Update: I looked through previous posts on this thread and seems like couple more folks have seen their cases moved to IR. Mine seems to be furthest PD though - don't know whether this says anything about upcoming VB dates.
imdeng,
Wait until RFE response submission by your lawyer, then act accordingly.
Hello Guys,
Today I went for my Infopass appointment to enquire on my case status (PD: June 2008, TSC), the officer said that my case is Pending at TSC and not yet assigned to any officer. I'm baffled now because its been more than a month since they received the RFE response and its still not even assigned to an officer.
The lady did tell me that since its a service center the cases get assigned to officers in bulk and that they have targets to complete certain number of cases/day etc.
I've lost hope that anything will happen for another 2 weeks!!!
Understanding these weird status changes is more difficult than predicting stock markets ! :)
Thanks for the update Venkat. Yes, the way TSC is working lately is mind boggling. I am contacting my senator today and hopefully she will help me get a sane reply on where our GCs stand. Its been more than 50 days since we replied to our RFEs. Rubbing salt to wounds-with August setting in I am sure you will see 2009 folks getting approved!
Sorry to repeat this question-
Is USCIS still issuing RFE or has it stopped?
Hi Venkat -
What option(s) did you select to schedule the InfoPass appointment?
Did you choose >"Services on a case that has already been filed" (and then),
>"Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment."?
I thought of the above but I do not fulfill the above condition of '> 45 days after contacting NCSC' etc - can I still select this?
If you selected a different option, which one / please describe.
Thanks very much!
Nobody knows at this point. My guess is that the file is picked up for *some* processing - so its status changed. They have only a few pre-set status categories to choose from - and IR is the one that fits. This processing can be background check, pre-adj in anticipation of next VB, whatever - who knows.
FYI,,
A friend of mine as a PD of 22nd Aug 2009. He got RFE for medicals + EVL Letter + proof of lawful stay in US. His wife got RFE for medicals.
Not sure if this date is already covered in terms of RFE for others or not.
Since there was no one proper option to select i went ahead and chose the EAD inquiry option from the available list. The first thing i told the officer was I'm here for checking the status of my AOS application to make sure she doesn't think i'm here for EAD inquiry. we didn't talk anything about the EAD
Your date might be current in september (most Likely) but that does not mean you will get GC. If you are talking about EAD then yes, you will get EAD this year. But I doubt your application will be processed before the dates retrogress. I'm in a similar situation.
Update : The new CS accepted our vaccination records and the fees is the same as promised.
I noticed that the officer ID printed in our RFE No 2 is different from that of RFE we got in 2012.