Sunday, June 26, 2011

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  • vethalan
    05-27 11:36 AM
    I E-filed on Apr-13th. Sent doc's on Apr-19th. LUD Apr-21st. No Photo's sent with doc's.
    Waiting for FP/Approval.




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  • suren26
    07-24 12:40 PM
    Thank for reply.
    I am Sorry, it was typo it is valid till FEB 2010. But does it make me legal to stay here event if my I140 amd I 485 is denied and appealed
    Received the I140 appeal receipt waiting for I485 appeal receipt




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  • usirit
    11-21 10:52 PM
    Unless their is a backdoor... If I decide to switch to my new employer and transfer my GC & H1B, it will be done again as an EB-3... I have 10+ years of experience and an Associate Degree... last year tried to obtain a Bachelor of Science in Business of Information Systems (BSBIS) but my actual employer stop funding so... I had to stop. :mad: New employer's attorney confirmed this.

    An EB-2:
    > Is a member of the professions holding advanced degrees or their equivalent; or
    > Because of your exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the U.S.

    An EB-3:
    Allows foreign nationals who are skilled workers, professionals or other type of workers to enter into the U.S. to obtain permanent residency.

    Meridiani.planum: Thank you for your detailed description.
    Bestia: Hopefully my PERM is approved in the next days in order to support your mentioned lawyer's preferences.

    Bottom line: I am waiting for a very good offer in order to make a decision.... I'll keep you posted.




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  • dilbert_cal
    07-05 08:35 PM
    My f^$%@ desi employer did not provide me the letter. I was eligible to file I-485 in june itself. Now, If I want to change my employer and port my PD, how can I do that? I don't have I-140 approval copy and my company and his attorney will not provide it to me. I have the receipt#. Can anyone here has port PD using the I-140 receipt #. Please post your reply and save me from a blood suc^#@ monoster. I have lost my sleep .....completely...please help me.

    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.



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  • solaris27
    02-24 12:54 PM
    it was for visa stamping




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  • zCool
    04-02 08:43 PM
    Hi Bhayzone,

    Just so you know, your wife can attend school on H4 also. It helps to know this if the F1 doesn't go through. But, IMHO, it is better to be on F1 than H4 on any given day!

    Good luck!

    Ams

    All other points are on the dot!
    Only F1 being better than h4 is really depending on one's situation..
    F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
    Secondly, F1 has become much restrictive since implementation of SEVIS.
    H4 on the other hand is duel intent

    Major advantages of F1 would be
    1. Possible on-campus 20hr work authorization and later OPT authorization.
    2 Chances of getting assistanceship.

    So it's not black and white..
    and if you've applied for 485.. F1 is really definitely not the way to go..



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  • frostrated
    06-25 01:17 PM
    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this

    1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
    2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.

    any thoughts anyone?




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  • DallasBlue
    07-14 08:27 PM
    http://immigrationvoice.org/forum/sh...d.php?p=113476



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  • pappu
    02-25 07:13 PM
    Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.

    No.
    The dates do mean something. While it does not mean anyone after the processing date will not be processed, people before these processing dates get a chance to raise a service request due to these processing times. Service centers project dates based on their workload. Lot of people are now eligible for AOS benefits due to the recent namecheck Memo. The EB3 ROW dates have also moved ahead in March Bulletin. There was a huge June , July rush of applications last year. All that may slow down the processing dates. IV has recently raised the issue of processing with USCIS and we are expecting some details be made public in the coming days.




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  • spicy_guy
    04-21 11:43 PM
    Anyone from Chicago near downtown? Not Napreville or Aurora. We are moving from (bay area) Santa Clara to Chicago. Office is in Downtown. Looking for a place closest to download. We are a family with small (1.5 year old) kid.

    Please suggest.



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  • saileshdude
    10-15 02:42 PM
    I don't think it has anything to do with H1. I think its just a mistake on their part that they issued this to derivative instead of principal applicant. This is because they are asking for intended permanent employer letter and that terms of LC /I-140 is same. This seems typical of standard employment letter RFE that is issued to the principal applicant.

    Is there a way you contact the IO to get confirmation if the RFE is for you or principal applicant? Do keep us updated on how your attorney plans to respond to this.




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  • mammoy2k
    11-13 08:04 AM
    I would appreciate if any of you could shed light on the following scenario:

    If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

    Thanks



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  • hnordberg
    November 26th, 2005, 05:58 PM
    I prefer the dark one. It is more interesting and would work well in a gallery. Well done!




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  • reddyram
    07-18 03:24 AM
    That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
    Leave man........



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  • nat23
    11-21 08:49 AM
    Email sent.....




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  • mbartosik
    03-24 01:58 PM
    http://wamu.org/programs/kn/08/03/24.php#20155

    Our segment is available without fast forward
    If the Windows Media does not load try with Real Player that normally works better for me.



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  • lazycis
    09-28 08:35 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:

    Check this
    http://en.wikibooks.org/wiki/FBI_name_check

    Ask any questions here
    http://boards.immigrationportal.com/showthread.php?p=1781629

    Here is the sample complaint:
    http://boards.immigration.com/attachment.php?attachmentid=16571&d=1182786004

    Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.

    Fight for your rights!




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  • vnsriv
    07-19 01:53 PM
    I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.


    You can file spouse 485 later but not always
    --------------------------------------------------------------------------------

    Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.

    EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
    My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
    We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that

    Key:
    1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
    2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
    3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
    4. Follow visa bulletin as soon as dates are current get medical test completed
    5. File her 485 (Make sure USCIS receives it after the dates become current)
    (If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
    6. What if you are married before GC approval but get approved before her 485 is filed
    1. Spouse out of USA
    No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
    2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
    File 485 as a derivative no special processing
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.


    Please talk to a reputed lawyer before doing any thing.
    My story
    EB3 RIR PD Jul 2002,
    Filed I-485 in Jun 2005 was not married at that time
    Did a speedy marriage in Sept 2005 in US, wife was on H1 and submitted the papers for wife, USCIS rejected because of retrogession
    Waited till Jun 2007 to get dates current, filed wife's case on 7th jun
    Got my I-485 approved on 28th Jun. Still waiting for wife's receipt notices.




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  • tinamatthew
    07-17 11:07 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help


    You're ok - TSC is fine. Nothing to worry about. All the best




    ItIsNotFunny
    06-11 12:45 PM
    You idiot, this is your third post in last 10 minutes about your deleted post. Big deal! if your question was deleted, or, if you are not able to find your post???

    It seems you want others to spoon feed you everything. Stop this bickering and stop complaining. Stop taking offense from nonsensical things, grow-up and look at the bigger picture.


    Over reaction by "reno" without checking the thread shifting was not good. But under any circumstances we should avoid using wrong words. This creates a wrong impression and indirectly hurts the organization. We have some examples in past.

    I appreciate Pappu's maturity to tackle the issue and his explanation.




    GotGC??
    05-15 01:28 PM
    Thanks...is your 140 in NSC or TSC ?
    My case is also similar and I decided to go with EB2

    My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.

    My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.



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