dreamworld
09-27 10:35 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
enggr... First Welcome IV!!! The great place to meet like minded people.
If your supplementary exam is required for your degree then your graduation date is June 2002. if not then you are safe. First of all..Course completion certificate is not a degree. You have to complete all the requirements to get a degree.
Converting to EB3. I read somewhere in the forum that PERM does not allow to change from EB2 to EB3. You might need to reapply.
In any case, You need to respond to RFE with a good business case. and go for the next step.
Good luck buddy.
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nogreen4decade
07-16 07:20 PM
1. Doesn't matter who it is citizen or not - you have to show legal status. If you read the law carefully, you will be put in a holding prision and given a change to prove legal status (contact family tobring your passport), etc. This is not a traffic stop - a decision will not be made on the stop. That's why there are strict rules stating who can be asked.
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you
2. By law you have to carry identification. Does this mean as a citizen or non-immigrant visa holder, you have to roam with all your docs? No! This is why we fought so hard to make sure US-states give driver's licenses?ID cards to people here legally ONLY. So, you just carry your DL.
3. Item 1 above applies here.
Do you think the people who wrote this Bill did not think of all this? You have to be pretty naive to think that only you thought of these senarios. There is no racist movement behind it.
You apparently dont know ammendments.... Read 4th ammendment... No reason to waste my time replying you
yabayaba
08-23 11:28 AM
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?
Thanks
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
What about if the I-140(EB2) rejected?. The 485 will be rejected too?. What are the possibilities of I-140 rejection?
Thanks
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bujjigadu123
03-03 06:05 PM
Did you wire transfer funds too many times in larger amounts?
Hi
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
Hi
Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.
more...
k_usa
06-23 08:35 PM
I first took 2 photos for me and 2 photos for my wife from Walgreens @7.99 per 2 copies. But the quality is not at all good.
So we went to Costco today and took the photos @4.99 per 2 copies and the quality is very good and they followed the USCIS specs.
So we went to Costco today and took the photos @4.99 per 2 copies and the quality is very good and they followed the USCIS specs.
Ram_C
11-09 04:27 PM
No FP notices yet. We havent called the USCIS till now.
did you receive any transfer notice??
did you receive any transfer notice??
more...
Jimi_Hendrix
12-12 03:23 PM
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
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willwin
06-05 11:44 AM
That post was intended towards EB3 category, particularly EB3-India. Ever since starting of this Fiscal Year there are very few EB3-India approvals (Can anybody dispute that?). So how come USCIS used up all the visas already?? Most of the guys here always talk about EB2-India which is not highly effected category in the first place. We suppose to be taking care of effected categories.
I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.
Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.
I have a friend of mine with PD July 2001 (EB3 Ind) with NC cleared. His GC is not cleared despite his date being current for few months now.
Who is saying USCIS is doing diligence? If they were, dates cannot move forward so much for EB2 Ind and EB3 ROW.
more...
GCard_Dream
04-13 11:27 AM
Well .. there you go. When I predicted few weeks ago that there will be a big jump in the priority dates, some of us came up with big speeches about how that thread was a big waste of time and the thread should be closed. The thread in fact was closed without any explanation. It appears that there has been several occasions where moderators are just closing the threads without any explanation.
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
http://immigrationvoice.org/forum/showthread.php?t=3820
Here is my suggestion.. don't close the thread just because you can. At least give some explanation as to why any thread was closed. I know there are threads that talk about personal issues faced by members and if that's not acceptable then all threads dealing with personal issues should be closed.
What amazes me is that person closing the thread doesn't even want to mention his/her id. What a shame ..
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ronhira
07-22 11:17 AM
u know what i think, doggy, doggystyle and devils_advocate are all the same person, or they are anti-immigrants who are teaming up. admin may want to look at them closely... i would.... others can keep an eye on these guys too....
more...
mdmd10
10-10 09:31 AM
After folks start getting their EAD, God alone knows how many "New" desi bodyshopper's like this will spring up.
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
All those so called "Enterpreneurs" a.k.a desi bodyshoppers...Perhaps if someone started a company that actually makes something rather than just contracting....more jobs, more value...
I feel everyone of us has the potential to have such a vision...after all isn't this the land of opportunities
Perhaps it is wise only to dream....
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BharatPremi
11-30 05:10 PM
IV Team,
Thanks for this much eagerly waited update. Now I can again start quoting Shakespeare's famous quot "What's in a name?" again
Thanks for this much eagerly waited update. Now I can again start quoting Shakespeare's famous quot "What's in a name?" again
more...
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matreen
08-15 04:35 PM
In the letter from the new employer include the following (start date, title, job description, salary and position type):
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
Is there a way you can get me a sample letter from employer?
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
Is there a way you can get me a sample letter from employer?
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Better_Days
04-29 01:27 PM
Quick Chain of events .
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
India rejected both Boeing and Lockheed Martin's proposal of fighters . I am not debating the reasons or the merits of this decision if this was right or wrong . I am just discussing the potential repercussions this has had so far and might have .
'Exclusion of US firms from IAF jet deal a setback for ties' (http://www.indianexpress.com/news/exclusion-of-us-firms-from-iaf-jet-deal-a-setback.../783401/)
1) The issue is so serious that Tim Roemer , US Ambassador to India submitted his resignation immediately since he was on the hook for making this deal work .This shows the measure of disappointment they had.
2) India was seeking US assurances in security a Permanent Security council seat , which looks far fetched now .
4) Pentagon , Whitehouse and the DoD very upset that deal fell through . This sentiment will certainly percolate to the USCIS and the State department and might embolden Anti Immigration senators whose measures will get more support in the house and senate.
5) Prosecution of companies entangled in cases like Infosys might find more support and favor with the Govt.
Question is how/if there will be a backlash against India / Indian's get back at us at least in the short term .Increased scrutiny and visa denials , PoE Harassment , GC audits etc.
Will the US take a Tit-for-Tat reaction on this issue is what remains to be seen.
Disclaimer: I am just someone who once seriously considered getting a degree in Strategic Studies. I am not from India. If you don't like what I have to say or feel that it is not my *place* to say it, just ignore me. I will not get engaged in an online wrestling match to demonstrate my "e-toughness".
It will not have any major repercussions b/w the 2 countries or any impact on the Green Card situation. Relations b/w US and India encompass a much broader spectrum than just a large defense contract. India's economy presents enormous opportunities for US companies, there is the issue of countering China and not to mention the same view on most regional as well as international security issues. They will not get any where if they start slugging it out every time there is a lost trade deal. India has helped US in the past with Iran's nuclear program while US has shown the importance it gives India by pushing an exception from NSG in nuclear energy.
If anything I am surprised that US is surprised that they lost the bid. Both Rafael and the Typhoon are amazing platforms. I did not read the actual RFP but it is arrogance to assume that the US offerings were inherently any better than the European offerings.
@kumara121: I can assure you that Uncle Sam does not want to "..come and check the planes whenever and wherever it wanted to". If I only had a dollar for every conspiracy theory I hear from people from our part of the world (Pakistan, Indian, Bangladesh) I would have been in Eb-5 years ago :)
The biggest issue was that the US offerings were very comparable to existing Mirage 2000 platform that IAF already has. The MRCA is a long term upgrade and does not make sense to get a plane that is so close to the existing inventory.
Bottom line? The GC aspirants did not gain or loose anything. IAF won by getting a hot fighter, the only loosers are Boeing and Lockhead.
more...
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looneytunezez
06-02 02:23 PM
Guys go to this website and sign up and vote yes for this bill.
http://www.opencongress.org/bill/111-s1085/show
done.
http://www.opencongress.org/bill/111-s1085/show
done.
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chanduv23
03-26 02:28 PM
We can get a employment verification letter. But now a days you need employment verification letter for many things. Just recently, jan 2009, I carried EVL for visa stamping. Now, my DL is expiring, should I ask them again for EVL. It has become more like HR nightmare for having a non-immigrants in the copany. These taylor made rules are not appropriate. When driving is a basic necassity, I could not comprahend why they need all additional documents. Any ways if this is true I have to ask my HR again to provide me one. Hope they do not get mad at me.
My HR already mad at me. Because
(1) First EVL - for AC21 job change
(2) Second EVL - to answer NOID
(3) Third EVL - for travel on AP
All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway
My HR already mad at me. Because
(1) First EVL - for AC21 job change
(2) Second EVL - to answer NOID
(3) Third EVL - for travel on AP
All the above in 3 months gap each after joining. Now if I ask for one more saying I need it for driver's license - she may ask if I also need an EVL to go to six flags or ride the NYC Subway
more...
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arvindkappula
01-18 03:47 PM
Folks, can dependent's participate in writing letters to President? I have already mailed my hand written letter to White House and copy to IV team, in addition to that I got confirmation from other Indians with whom I work also mailed their letters..If dependents are also allowed then count for another 10 letters from my side...;)
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onemorecame
07-17 10:32 AM
I cleared cookies, and refreshed my page around 100 time but everytime i am getting June one :confused:
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laborday
07-17 11:30 AM
Hey Guys, I don't know how many of you know about this link, but you can find out how your case is going and when it is supposed to be approved:
http://www.immigrationwatch.com/immi_predict_form.jsp
Gives me a peace of mind knowing how many cases filed around my date are approved ...
how do they get the data?
http://www.immigrationwatch.com/immi_predict_form.jsp
Gives me a peace of mind knowing how many cases filed around my date are approved ...
how do they get the data?
shivarajan
06-10 03:52 AM
funny it says ...
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
"...... we can likely expect to see the following cutoff dates in the October, 2009 Visa Bulletin:...."
EB2 Worldwide: Current
EB2 China and India: Outlook is "grim" and there may be further retrogressions until later in the fiscal year.
Can anything be grimmer than U (EB3) and 01-JAN-2000 --almost 1999 (EB2) which it is currently?
It may be "U" (that's not grim for us for sure, we can take anything now --some have lost it waiting long... so try out?)
Or ohhh wait r they creating a new record assigning something like 1991 for EB* (India) rather than U?
U don't even see cars that old on roads :D
cc123
09-19 02:05 PM
Filed at NSC on July 2nd 2007. Got EAD/AP approval notices and receipts/transfer notices from CSC last week. No FP notice yet.
There are several in my company in the same situation..NSC->CSC and now CSC Xfr'd back to NSC. No one has rcvd FP notice. I think August 17th filers at NSC are ahead of us now and we are at the tail of the queue one more time.
The only advantage of CSC transfer is if you need EAD/AP desperately. if you don't then it's just bad luck.
There are several in my company in the same situation..NSC->CSC and now CSC Xfr'd back to NSC. No one has rcvd FP notice. I think August 17th filers at NSC are ahead of us now and we are at the tail of the queue one more time.
The only advantage of CSC transfer is if you need EAD/AP desperately. if you don't then it's just bad luck.
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