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This recent new of internal retrogression puts many of us who have their RFE's reviewed in an uncertain spot or in a very stressful situation.
I responded to my RFE 1 week ago and am still waiting. What happens now? Am I assigned a visa #? Why ask for a RFE if my application doesn't have a visa # assigned to it yet? For Pre-adjudication? Will they ask for another RFE later (such as employment verification ?)
This is such an ambiguous region. Any insights would be great!
I have exact same question as my case is in RFE response review for last few days. When RFE is issued, do the case get a visa number assigned ? As I understand, they can use a max of 30% of yearly quote in any quarter and not more than that. So till end of march/Q2, they should have used max 60% and so its kind of wait n watch for next 3-4 months and in last 1-2 months they/CO will have a clear picture on how much visa #'s are remaining and can be spilled over to I/C EB2 ... Per my thoughts, we should see some approvals in april.. for few lucky ones .. and the dates shall again move in july/aug and we should see approvals from that point onwards ...
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Originally Posted by kramacha
I am not expert, but my read of the law is that 54% of the EB2 category have been issued for the FY. So, 46% still remain. However, that does not mean that EB2IC has claim to much of it - we have already spent our yearly quota - how much of that 46% remaining of EB2 we will get will depend on how much of that is consumed by EB2ROW. I believe the impression already is that we might not get any more spillover from EB1 for the rest of the FY.
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Originally Posted by billu77
I don't believe that an RFE gets assigned a visa number. Actually, I am pretty certain that visa number is only assigned once RFE is processed successfully (and a visa number is available at that time).
Quote:
Originally Posted by longgcque
I know i know its too early and many people are waiting for GC.
But i dont want to think about it 10 years from now. The question that has been bothering me is are there any documents needed from employer(sponsor of GC) at the time of GC renewal citizenship application?
I cant find a list anywhere.
Dude really???? Atleast post this in post GC approval thread.... Looks like your kolaveri didn't stop with GC and is still continuing....Quote:
Originally Posted by Pdmar08
Dude the required docs will change in 10 yrs, have peace and pray for our left over brethren so that they can get GC soon...
Never thought about it... Imdeng... Good point.... So getting rfe is just half the battle...Quote:
Originally Posted by imdeng
Friends,
need advice :). I don't have my I-140 with me, my consulting company never gave it to me...
Do i need to have it post GC employer change .. or for any reason ?
employers tend to withhold 140s. I dont think i have mine. I wouldn't worry too much about it and i already changed employers.Quote:
Originally Posted by codesmith
I will be completing my 180 days period for I485 apps by end of this month and I am planning to change job.
I am not sure whether I should continue with the same attorney or do I need work with a different attorney.
My status is RFE Response Review from March 19th.
Should I file for AC21 or do nothing about that.
Please advice..thanks
nayekal - first lesson - if you say it so explicitely then that could become an excellent ground for cancelling your underlying 485. because then you establish the intention to change jobs even while you are filing 485 in relation to the first one. Just something you need to be careful about. Don't mean to scare you.
In general 485 EAD AP AC21 Address Change are all things where you absolutely don't need atttorney representation. In fact you don't need attorney for 140 or PERM either. However since those two belong to the sponsor i.e. a company - they prefer to have an attorney. Whereas 485 AP EAD being YOUR applications - you can easily choose to not have an attorney.
Hope it helps.
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Originally Posted by nayekal
Thanks Q! Yes. I need to curb my blunt approach.Quote:
Originally Posted by qesehmk
Q i know you are long timer on this GC thing as you have applied around 2007 July, did you change jobs on EAD or how many days after your GC did you change employer??Quote:
Originally Posted by qesehmk
Within 2 months of getting GC! However I wouldn't encourage you all for the same. Do what you think is right. Somebody posted that the 6 months (cooling !!) period starts after filing 485. That makes perfect sense to me.
BTW new employer didn't ask for 140 or anything.
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Originally Posted by soggadu
Brother,Quote:
Originally Posted by soggadu
I don't want to be in a position 10 years hence where I say " I should have". There might be a situation in June that I might not have an assignment. If I have to change employers I would like to do it right. My question is less about renewal and more about cooling period that I might have to prove similar to q and ur exchange above.
Though I read on murthy site I believe that only card expires and it's not like applying for Gc all over again.
Moderators can move this to the right thread.
Irrespective of the retrogression you should get greened this FY maybe in some months once the dates move forward again. So you may like to evaluate your decision based on that. If your attorney is a company attorney then you must definitely fire him / her by submitting a new G28 indicating either a new attorney or blank in case you wish to represent yourself. You have a very long delay between the RFE received and the response review was it a complicated RFE or just attorney or document gathering delays because it is where the timing was critical unfortunately within the last week RFE cases have frozen, my own was also just in time.Quote:
Originally Posted by nayekal
Here are the respective applications.Quote:
Originally Posted by Pdmar08
GC Renewal
http://www.uscis.gov/files/form/i-90instr.pdf
Citizenship
http://www.uscis.gov/files/form/n-400instr.pdf
I went through the instructions they are mainly concerned about criminal activities / arrests. Documentation requirements are pretty basic. I understand your concerns stem from Lawyers and employers not sharing all information. We can probably give a shot filing these applications on our own without any attorney.
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Originally Posted by codesmith
Codesmith Iam also having the same predicament as you, Q thanks for answering. I have my labor application and approval, 140 receipt and approval and 485 all applications along with all lawyer templates and documents that I sent them for labor 140 and 485. I made another attempt post GC to get my documents (Actual Filings) from the law firm but of no avail, so if we really don’t need these then probably I will just move on. Unfortunately it’s a pain to get anything from the law firm and at times no avail even after several emails and voice messages.Quote:
Originally Posted by qesehmk
Teddy
You are entitled to get anything post 485 since it belongs to you. The firm must respond to you since they represented YOU not the employer as far as 485 and EAD and AP were concernd.
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Originally Posted by TeddyKoochu
Teddy, They have asked me to get Non Availability Certificate for not having Birth Record and it took me 3 weeks to get it from India. Also, I received RFE details after a week of RFE status update. My attorney was on vacation the following week after I sent him the document.Quote:
Originally Posted by TeddyKoochu
BTW, my attorney is not a company attorney. My company just paid him for GC and H1 processing and he deals with me directly and doesn't even talk to my HR.
He actually told my colleagues that we can change employers if we want after that period is over, when one of my colleague asked him specifically.
Actually, he said we can change employers if we get GC's immediately without impacting any thing else.Quote:
Originally Posted by nayekal
Thanks Q and T.Quote:
Originally Posted by TeddyKoochu
If 140 isn't really required post GC then Ok, I remember someone told me that I can get 140 doc under information act. Not sure about the procedure but would like to give try.. just to have the document.
Quick question - do approval texts/emails come at a specific time? Someone mentioned that it is a batch process and emails/texts are released at Noon EST - is that correct? People who have received these emails/texts - could you please confirm?
My status (EAD/AP) on USCIS site was updated at around 4 PM (EST) and I got SMS/email same day at around 8 PM.
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Originally Posted by imdeng
Thank you Q!Quote:
Originally Posted by qesehmk
I got my texts early morning for EAD and early evening for AP. Emails were already in my Inbox when I checked immediately.Quote:
Originally Posted by imdeng
Okay - so I am getting the vibe that there is no fixed time - it can happen anytime in the working day. Alright - the wait continues.
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Originally Posted by vizcard
Did any Feb filer from Phx area get EAD/AP approval notices
Just had a chat with my lawyer on the Visa retrogression and how it'll affect folks whose RFE's are being reviewed. Here is the response. (Verbatim)
This was also an AILA alert that I received, but it may not apply to your case since it was filed several months ago. Generally USCIS pulls a visa number well in advance of a final decision and that is how the numbers are exhausted.
Ramcha , would you know how many months backs is deemed to be old enough to get the visa # locked in ? Thx for sharing the infoQuote:
Originally Posted by kramacha
This cannot be true otherwise you wouldnt see Jan filers getting greened.Quote:
Originally Posted by kramacha
Is it mandatory for a employee to notify employer about the status of 485 ?
I mean letting employer know about - received GC or received notice ?
Is there any documentation or procedure employer needs to follow after AOS.
Thanks
You will need to update I-9 for reflecting your new status.Quote:
Originally Posted by codesmith
Sun,Quote:
Originally Posted by suninphx
I don;t remember using I-9 form before.. Do you have any link or doc that describes this process ?
Thanks
Whenever you join a company in US you are required to fill this for out.Quote:
Originally Posted by codesmith
http://www.uscis.gov/files/form/i-9.pdf
Check with HR , they should be able to tell you more.
Thx, I was thinking I'd not tell it to my employer (consulting company) unless they ask about my GC status. I'm little worried about signing any contract with them and I think my employer would try every possible way to make me work for a year or more.Quote:
Originally Posted by suninphx
They cant do much after you got GC. Anyways you can wait till the date of current H1 approval (which should be in I-9).
Also maintaining I-9 is the responsibility of employer, they will get back to you when your H1/EAD is about to expire
Quote:
Originally Posted by codesmith
You don't have a choice in HR-related matters. When you joined, you absolutely filled out an I-9 and used your H1 credentials as work-authorization. Typically, when your current "status" is close to expiring, HR will ask you to fill out a new I-9 with supporting evidence of work authorization. This can be H1, EAD or GC.Quote:
Originally Posted by codesmith
The moment you got your GC, your H1 and EAD are no longer valid. Therefore, it might be incumbent on you to inform your employer that the documentation used for your employment previously is no longer valid. Check with HR. This is employment law and goes beyond signing contracts.
I9 form is required to verify employee eligibility. I think it might deend on the company too.
Before GC we usually provide a copy of SS card and Passport etc (1 team each from column B and C).
After my GC my employer asked signed I9 form with a copy of GC (mail them and not scan and send in email).
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Originally Posted by codesmith
Thanks Gcknow, Vizcard and Leo4ever for your inputs. I'll keep you informed about the progress.Quote:
Originally Posted by leo4ever