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  • gccovet
    08-12 07:39 AM
    GCCovet/Mahujam,
    - How did you find out about the LUD?
    - What is soft LUD vs. hard ?
    - what are possible reasons of an LUD ?

    Thanks in advance!

    Hi,
    (LUD = Last Update Date.)
    You need to register on uscis.gov (case status online), you will need your receipt numbers (you can enter rect. nos. from I-140, 485, 765, h1 ext. etc). You will get an email as soon as your case has been approved/rfe/noid etc.

    When you get an email due to any change and the text changes in your case status it is called Hard LUD, if nothing changes in the case but your file has been touched then it is called soft LUD.

    There can be several reasons for soft lud.
    HTH
    GCCovet




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  • sathweb
    01-30 03:34 PM
    My problem is simple.. do not misrepresent the facts, which is what seems to be the case here.. How can you have a H1 and not get paid??? Do you have any other logical reasoning? If the person has H1 and is not getting paid then there can only be two lawful situations: 1) person is on leave of absence, which is without pay or 2) has not yet started the job.

    To answer your questions, yes my wife came here on H4 but she just did not approach a consultant for a job.. instead she went to school, got her degree, applied for jobs, gave interviews and finally got a job. BTW her company does not work with consultants, as it is not an IT company but a finance Big4. They used their own attorney to file for her H1. As luck could have, her application was not even considered as it did not come in the lottery draw. This happened twice.. Later we got our EAD and she started working with it. And yes, I know few more people who went through the same thing.. and all of them went to school in the US.

    sathweb, I don't have anything against you or anyone else here on IV.. I feel bad when people look down on H1 visa holders as they think everyone is exploiting the system, which you know is not true. Some people misrepresent their cases and we all get bad name.

    Sorry man, allow me take back my words, if i can. It was not my intention to encourage any illegal activity. Its my mistake. I think I did not grasp the complete context of the conversation.

    I have been here for past 9 years, working for the same company, I never was out of work even for a single day, nor I encourage it. I think I read your answer, reacted a bit too early. Forgive me.

    (I guess waiting for green card forever making me blind or something, how can I have misread what you wrote)




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  • GC4US
    08-29 11:51 AM
    hi GC4US

    Will USCIS REJECT MY PACKAGE OF i-140 AND i-485 because of improperly filed?

    Please help me!

    Don't worry it will be forwarded to the Texas automatically. Please read the FAQ 1, 2, and 3 issued by USCIS regarding the July visa bulletin.

    Your help would be highly appreciated![/QUOTE]

    Thank you so much nagsen0,

    Could you please give that link with the FAQ 1, 2, 3?
    I feel a little bit better now.
    I would like to see that source.
    Thank you again




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  • solaris27
    08-13 08:24 AM
    1) Contacted Senator/Congressman/Governor - No reply or progress
    2) Filled 7001 form for Ombudsman - waiting for reply
    3) Called USCIS 10 times in last 10 days and come to know that everything is cleared on my and wife applications. - everytime they tell someting diffrenet .


    its shows how USCIS work ... as if everything is cleared our 485 should be cleared .

    can't take infopass ( no option to check case status) or open SR ( as its not beyond 30 days) .

    B



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  • will_v_ever_get_GC
    11-21 01:31 PM
    Dear Mehul...

    I wish and pray that God gives strength to you and your family in this difficult situation. And as fellow IV'ns have mentioned, Prayer and Faith in Life/Almighty can do wonders. By the attitude in your note, I do feel you have that ... and somehow I have a feeling things will be fine for you and your family.

    As suggested by many people, if possible, please do get a 2nd opinion from a renowned doctor in India. And do start Yoga/Pranayam. Meditation and proper breathing exercise have helped folks with very serious conditions and these are surely worth trying.

    And for your GC, I would second the suggestions of writing to senator and USCIS.

    Your family should be your reason to continue to have faith and NOT give up...

    Heartfelt wishes and prayers with you... Always !!!




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  • buddyinsd
    08-26 02:58 PM
    OK Thanks. And any recent LUD on 485 and already approved EAD (such as 08/21/2010 as most of us got)? Just trying to derive some pattern here...

    60 days



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  • newuser
    11-17 07:44 PM
    Done and sent to friends and colleagues




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  • Roger Binny
    05-09 07:45 PM
    On what basis the law suite will be ? i guess they we are not entitled to get GC's, its a privilege but not a right, i agree this whole GC crap is costing our families in all forms, but still, the idea of law suit doesn't have merit.

    Anything to do with EB immigration i mean even if administration is convinced to do some thing +ve, financial market and job market has to continue with +ve development atleast for few months, other wise there will be heck of outcry by the natives.

    Mean while, best thing is some one coming out with unused visa numbers math to claim them plus some convincing arguments about encouraging or supporting legal immigration, because all these EB immigrants here are paying taxes atleast half a decade to decade long and living legally as well helping america continue as a leader in technology.

    Rally's raising mexican flags costed them a lot by getting plenty of -ve attention even from immigation moderates, than doing any favor. Going squarely against them by using their own law will give a powerful tool to simply crush us in a different way,whichever country we may live in, it is never a right idea.

    Any big initiatives during the financial turmoil simply wont yeild any positive result, this may be just a common sense,as well it is also understandable that no sensible politician will be willing to help immigrants(foreigners),by poking their own people in wrong way when the unemployment is close to historic range.

    Yes i'm living in this country for almost a decade and waiting in EB3 queue, this retrogession is nothing different than not getting GC when the dates were current, both are same, only difference is we wont hope when it is purely retrogressed, end result is same.

    Sorry for my poor english.



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  • ashkam
    01-30 02:45 PM
    I agree with nousername and sledgehammer. It's funny how people justify unethical behavior by saying hey everybody is just trying to improve their own lives. Criminals are trying to improve their own life too and that doesn't excuse crime. The issue here is simple. This lady went for the quick and easy way out, applied for an H1B with some sleazy body shopper without having a project in hand and in the process, no doubt deprived someone better-deserving who actually had a job in hand.

    Anyways, if you are not being paid, you are out of status. Best option for you is to apply for a COS to H4 right away so your out-of-status time doesn't come back to haunt you later. Without pay stubs it is doubtful that it will be approved so most probably you might have to go back to your home country and re-enter on an H4 stamp.




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  • sunofeast_gc
    07-08 03:49 PM
    Madam Rice is trying to divert the issue by telling skilled professional from all over the world wants to come here....This is not the issue.....

    Issue is there are thousands of high skilled professional with approved labor and I-140 , waiting for years to file I-485.... DOS told then on 13th June that you all can file I-485 and all of the sudden on 2nd July 07 DOS said we can't accept your application...

    So madam secretary it's not issue of how many high skilled professional wants to come here. Infact DOS/USCIS/Govt. of US need to think how life is tough for those high skilled professional who already came here and waiting for years to get green card through legal system....



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  • desi3933
    09-03 01:52 PM
    I did try to talk to customer care but it was of no help.
    They tell me to wait for 30 days and sometime 60-90days.
    They say you will become actual permanent resident when you get the card The card is important.
    You now USCIS don�t know when they will change their minds.

    To better be on safe side to get it stamped on my passport. I took info pass on 8-11-08 it will be almost 30 days,

    let�s wait and see


    approved on 8-12-08
    NoWelcome notice Or Card

    >> They say you will become actual permanent resident when you get the card
    Incorrect. One is permanent resident since the date of I-485 approval. Card is just a physical evidence indicating your status.

    **** Not a legal advise. *****

    _____________________________________
    Proud Indian-American and Legal Immigrant




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  • sheela
    08-01 05:02 PM
    I looked at both the service center webpages(texas & nebraska) & I-485 application has to be sent to Nebraska only.I do not understand now why they are transferring the application from nebraska to Texas
    if I-140 is approved at Texas.
    Has anyone have any idea?
    My I-140 mailed/delivered at TSC was approved in 20 days (2/2006). Attorney mailed AOS at NSC (delivered on 7/2/07: he said all EB applications has to go to NSC irrespective of the center of I-140 appoval). I donot understand if it is to be transferred to TSC why it should have been invited at NSC-may be receipt #s are generated at NSC and cases are transferred electronically to different centers for handling depending upon work load of the center. NSC may be the monitoring center. Going by discussions here it looks like TSC is quick and fast. Any guesses?



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  • alias
    08-18 01:17 PM
    This issue cannot be solved through Lawsuit. What are the other alternatives?

    Ahh I see, I have an idea - lets all do dharna in front of CIS!




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  • SunnySurya
    08-18 01:17 PM
    Again folks! please think hard, what can be done ???? (other than filling lawsuits)



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  • 485Question
    09-25 02:04 PM
    Did you received the receipts?




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  • my2cents
    04-30 05:08 PM
    Look Here

    --------------------------------------------------------------------------------

    look here at
    http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD


    "Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications. "

    It means they have used 90K Visa out of 140-150K ..it means 50K visa left for next 5 month..not sure how much visa dates wlll be moved.



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  • gc28262
    07-19 07:56 PM
    My thoughts:

    I understand and share the despair and hopelessness felt by EB3 guys.

    Unfortunately when Visa bulletin comes out and when EB2 progresses, we EB3 guys are suddenly aware of our plight and switch to action mode. After a while this enthusiasm fades away till the next bulletin. These emotional responses won't get us anywhere. If we need to get our issues resolved, we need to work on a consistent basis irrespective of the visa bulletin status. We all need to take more active participation in IVs action items as well as contributing to IV efforts as much as we can. IMO signing up for contributions is the easiest thing to do.

    Spillover issues:
    Upto 2007 these spillovers were coming to EB3. Some folks analysed INA and figured it out that USCIS/DOS was interpreting spillovers incorrectly and that it should flow across. So they contacted USCIS with their findings and argued for their cause. Since then USCIS/DOS interpretation of spillover interpretation changed. Remember these folks did a thorough analysis of the laws and then approached USCIS/DOS. So to change it the other way you have to have a solid legal basis. Writing to lawmakers just out of frustration will not help. If USCIS/DOS is interpreting spillovers correctly as per law, there isn't much anyone can change it without a legislative change.

    If we have to go through legislative path, there are easier fixes that can be achieved by legislative fixes like visa recapture etc. That is the reason, IV has planned a long term strategy to end retrogression for all categories. We all need to participate in these action items, contact lawmakers etc with our issues.

    Here is an official IV discussion about spillover rules:
    ImmigrationVoice.org - USCIS data analysis (http://immigrationvoice.org/index.php?option=com_content&task=view&id=97&Itemid=36#_Toc246743452)

    Visa spillage rules
    There is a supply of 140,000 permanent visas in the EB category for a year. EB1, EB2, EB3 have an equal share of 28.6% or 40,040 visas per year. There is a 7% cap per country on the overall legal immigration including family and skill based. This amounts to 25,620 visas for a single country in EB category. There is a rule to cap 27% of a category in a quarter. So in the first quarter only 10,811 (rounded) visas can be given in any of the categories.

    If the supply exceeds demand capped by per country, then per country quota is relaxed to the matching ratio of family based approvals. For practical consideration, it means that the spillover visas beyond 25,620 to a single country can’t be given in the first 3 quarters. The last quarter spillover will need to be first in first out for all the retrogressed countries. This should not limit immigrants from other countries to use up their quota.

    Following is the rule from INA Section 201to maintain ratio. There is a different section to override this logic in the last quarter of any calendar year.

    (e) Special Rules for Countries at Ceiling. - If it is determined that the total number of immigrant visas made available under subsections (a) and (b) of section 203 to natives of any single foreign state or dependent area will exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, in determining the allotment of immigrant visa numbers to natives under subsections (a) and (b) of section 203, visa numbers with respect to natives of that state or area shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) in a manner so that

    (1) the ratio of the visa numbers made available under section 203(a) to the visa numbers made available under section 203(b) is equal to the ratio of the worldwide level of immigration under section 201(c) to such level under section 201 (d);

    (2) except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a), and

    (3) 3/ except as provided in subsection (a)(5), the proportion of the visa numbers made available under each of paragraphs (1) through (5) of section 203(b) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(b).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a), respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).

    Nothing in this subsection shall be construed as limiting the number of visas that may be issued to natives of a foreign state or dependent area under section 203(a) or 203(b) if there is insufficient demand for visas for such natives under section 203(b) or 203(a) , respectively, or as limiting the number of visas that may be issued under section 203(a)(2)(A) pursuant to subsection (a)(4)(A).




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  • Aah_GC
    05-19 09:42 PM
    Same boat guys. July 07 filer and have not received my FP yet. My lawyer thinks it should not be a problem at all, and I read of a case here who got his GC without ever fingerprinting.

    Am about to renew my EAD and AP in a couple of week's time and that is the only hope left. I sincerely hope not receiving FP is not a major drawback.

    God bless.




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  • cram
    06-15 09:53 AM
    My lawyer sent the applications on June 1st and we have the receipts already. They cashed the checks by June 6th.

    Did you send it to TSC or NSC.




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    ilwaiting
    10-05 01:04 PM
    If Reps win CIR might not pass at all. Since border Fence bill is passed now it shows Reps want a border security only bill. Remember Senate was opposing to a border security bill First? What happened now. America raised voice about it. And congress reacted by passing it.

    If Dems win we stand a chance that CIR would be debated. Few legals provisions would squeezed into this CIR bill(which is maily for undocumented and ag worker). However its important that Dems take control of both senate and house.

    Ont he flip side if Reps will, atleast there is a possiblity that SKIL bill might pass. that would help us.



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