digital2k
08-03 06:30 PM
*
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Jyotsna
10-13 11:01 AM
My case is similar. EB3 - June, 04. Applied I-485 in EB3 July-2007. Then had an EB2 from same employer PD-Aug-2006. The call center person is right, that is exactly what my lawyer advised me as well. Here is what I did
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.
Applied I-485 in EB3 - (July - 2007)
Requested to port the I-485 to EB2 category (with I-140 approved for EB2 and EB3 in hand) in Aug-2008 (In Aug-2008) the dates were current for EB2, June-2004
Created an SR in Aug-2009 when in Sept-2009 it was again becoming current for EB2-2004
I-485 Approved on Sept, 2, 2009.
My advise would be :
Prepare the case with the lawyer on the category transfer (EB3->EB2) keeping the PD same. Wait EB2-Feb, 2007 becomes current and send the application and open an SR. People have noticed that creating the SR is helping but you must have to wait for EB2, Feb-2007 to be current for you.
Note : There is a possibility that your I-485 application is already in EB2 category. I would suggest to take an InfoPass and confirm it in Oct-Nov when there are less people enquring.
Regards
(I am not an attorney)
My P.date is 2002 EB-3 and I have used AC-21 is it possible for me to change to EB2 ? and can you share info of your attorney. Thanks.
I_need_GC
07-24 01:16 PM
But I have heard of instances where employers have used previously approved labor on new employees other than the person it was approved for?
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
You do not loose your priority date even if the old employer revokes the 140.
As long as there aren't be any provable fraud intentions involved, in the whole GC process with the old employer, the priority date remains with you.
-Morchu
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kanakabyraju
07-31 02:09 PM
My wife arrived on Saturday and we completed the medical exam on Monday.
My lawyer did receive the original RFE along with the original medical that we submitted. I had to carry the document to the doctor.
Doctor did miss MMR last time because of pregnancy. He completed that and update the same document with new dates of vaccination with signature and gave us back in sealed envelope.
RFE Response had reached Texas center yesterday.
PS: Do not complete the pending medical exam though you are aware of this. You will have to wait till you get RFE. looks like the doctor would have to complete again the original document with new dates.
Thanks for everything.
My lawyer did receive the original RFE along with the original medical that we submitted. I had to carry the document to the doctor.
Doctor did miss MMR last time because of pregnancy. He completed that and update the same document with new dates of vaccination with signature and gave us back in sealed envelope.
RFE Response had reached Texas center yesterday.
PS: Do not complete the pending medical exam though you are aware of this. You will have to wait till you get RFE. looks like the doctor would have to complete again the original document with new dates.
Thanks for everything.
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Kitiara
10-25 04:42 AM
Ahhh, what a great game that was.
manand24
08-14 03:43 PM
I am also a July 2nd 7:55 filer at NSC, signed for by R Williams. No receipts yet!
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
WIFE
I-485 NSC RD 07/02/07 ND Pending
I-131 NSC RD 07/02/07 ND Pending
I-765 NSC RD 07/02/07 ND Pending
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das0
06-22 12:33 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
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sammyb
02-10 07:00 PM
uploaded the letter...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
read it ... wonderful ... it is very cute :).... lets see if it moves someone's heart at the current administration... thanks for sharing ...
more...
Rsamuga
07-24 04:31 PM
Hi -
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
Thank you guys ...I really appreciate your prompt response for this query...
Answer for Punjabi's question-
My old employer is a very small body shopping company and so far he was never successful for finding me any client/project. I have to find the client by myself. Now, me getting married in the next few months, I have an additional responsibility to take care of. If I join him, with the current market condition, if he is not able to find any client I don't want to sit on bench for few weeks/months without getting paid (especially when you are newly married, you have more expenses than being single) and keep moving once in few months to different places with the family.
Also, he pays the paycheck only when the client pays to him. So every time there will be a gap of 45 days where I need to wait for the paycheck.
I have been at this Employer as permanent for the last 3 years and they know what I can do and they keep giving me new project/responsibility to take care of & also the chances of growth is more. If I work as a consultant, I need to keep thinking will my client extend my contract after 5~ 6 months....or not ???? what if I get a project with the lesser billing rate etc etc...
Last but not least, my old employer does not provide a good medical/health/Dental insurance + benefits. I get all these stuffs with my current employer.
With considering all these points, I'm planning to stick on to the current employer and apply for the new GC process.
Once again thanks for your responses.....
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Madan Ahluwalia
02-23 02:55 PM
Two things:
1. You might benefit from 245(k) provisions. Check with your attorney.
2. Do not provide tax returns. it is not required at the time of filing of green card application.
Good luck.
1. You might benefit from 245(k) provisions. Check with your attorney.
2. Do not provide tax returns. it is not required at the time of filing of green card application.
Good luck.
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thomachan72
06-21 05:51 PM
I would suggest that before you take more interest in her case, first consult with her husband and make sure it is OK with him ;) ;) You know what I mean, right?:D
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newuser
03-13 01:57 PM
FBI Arrests DC Official (http://blogs.abcnews.com/politicalpunch/2009/03/fbi-arrests-dc.html)
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
Why do you have to open a thread that has no relevance to what we discuss here on IV. Please don't try to sensationalize everything. There were references to this news in other threads already.
Admin - Please delete this thread as this was discussed in other threads.
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ivar
06-18 10:41 PM
I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
Any suggestions from the gurus?
I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?
For people who filed motion or an appeal, could you please post your feedbacks/experiences?
also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?
I had simillar situation as yours. My PERM was audited and than denied. I had appealed my case and after about 10 months of wait i ran out of patience and decided to withdrawn my appeal and file a new PERM. Please decide for yourself the best option. I think in your case appeal would be a better option because i assume you are extending your H1b based on your current PERM application. You can keep extending your H1b till your appeal is pending with a hope that it will be approved. Remember one thing you cannot file a new PERM with the same company for the same position. You can try to file a new perm for a different position through the same company as a backup, if your company is ready to support you.
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reddy77
10-05 03:26 PM
Even I am in the same Boat, but i believe we do not have to worry about this, this is what I found it in murthy.com when I googled for it couple of weeks back ..
If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application
The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.
In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number
http://www.murthy.com/news/UDmaepis.html
If an I-140 is pending at the time that the company changes, according to the CSC, "no action is required" until the completion of the I-140 stage. Evidence of the "bona fides" of the Successor should be submitted at the time of filing the I-485 application
The CSC will allow applicants to supplement the file on an existing I-485 by submitting evidence of the "bona fides" of the Successor that shows that the same position and compensation, etc. are still offered. The CSC has confirmed will not require re-filing of the I-140 or the I-485.
In order to avoid having such evidence routed through the correspondence process, the attorney should clearly establish on the cover letter that attached documents are for consideration in connection with a pending I-485 application, based on CSC/AILA concurrence and make clear reference to the I-485 Receipt number
http://www.murthy.com/news/UDmaepis.html
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LondonTown
02-04 08:07 AM
Applicants for visitor visas should generally apply the U.S. Embassy or Consulate with jurisdiction over their place of permanent residence. Although visa applicants may apply at any U.S. consular office abroad, it may be more difficult to qualify for the visa outside the country of permanent residence. Visa applications are now subject to a greater degree of review than in the past so it is important to apply for your visa well in advance of your travel departure date.
As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.
During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant�s interview by a Consular Officer.
Read more here (http://travel.state.gov/visa/temp/types/types_1262.html).
As part of the visa application process, an interview at the embassy consular section is required for visa applicants from age 14 through 79, with few exceptions. Persons age 13 and younger, and age 80 and older, generally do not require an interview, unless requested by embassy or consulate. Making your appointment for an interview is the first step in the visa application process. The waiting time for an interview appointment for applicants can vary, so early visa application is strongly encouraged. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide is available on our website at Visa Wait Times, and on most embassy websites. Learn how to schedule an appointment for an interview, pay the application processing fee, review embassy specific instructions, and much more by visiting the U.S. Embassy or Consulate website where you will apply.
During the visa application process, usually at the interview, an ink-free, digital fingerprint scan will be quickly taken. Some visa applications require further administrative processing, which takes additional time after the visa applicant�s interview by a Consular Officer.
Read more here (http://travel.state.gov/visa/temp/types/types_1262.html).
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gc4me
07-17 01:44 PM
They tell this to everybody. A very common answer. They told me so, so to my 2 other friends but in either cases, no GC was approved inspite of our PDs were current. And later it turned out that my name check is pending (don't know what is 180 rule mean) when I took Infopass.
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
So don't believe those CS answering over the phone. They say name check is clear when it is not clear, they say I-485 processing date is 2006, April when processing date is 2007, April 28. Bunch of junkies or may be summer interns (all called I made around summer time).
To be CS in USCIS the only qualification you need is to be an US Citizen with back ground check cleared and a high school diploma :-(.
How a person can understand with the above qualification all those difficult stuff like PD, RD, AP, EAD, LC, 485, 140 !!!
And some CS even referring my I-485 application as I-40 :-( repeatedly.
They may have to answer so many other complicated cases in Family category as well. Like what happen when spouse gets divorced? Can one file dependent GC if he/she is gay? Some one got married one US citizen after crossing the broader illegally, can she/he get GC? Can a son/daughter from stepmother apply for GC? So don't blame them either.
Folks,
Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?
EB2-I
PD: Jul 2004
I-140 approved
I-485: RD 02 Aug, 2007
more...
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drirshad
12-31 11:15 PM
How complicated will the life be if one changes job after 3 yr. extension of H1 based on approved I-140 ?
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
How complicated is life for u now, if current employer making life hell then changing job with 3 yr. extension is best option, provided u workout with the employer that they don't cancel the 140 after u move or u cannot port the priority date ....
If u know employer will cancel 140 at any cost if u move then decide is it still worth staying or moving. these days PERM and 140 premium taking like 6 months
BUT wait until Feb/March the immg lobby is trying to pass some bills for us if it goes thru will b good but u can float ur resume and start interview process ....
Happy New Year 2007 ...........
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dsneyog
01-15 09:26 AM
EXPEDITE PLEASE
PREPAID ENVELOPE ENCLOSED
Your Name
Your Address
I-485 Receipt Number: xxx-xx-xxx-xxxx
December 1st, 2009
To:
USCIS
Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx
Dear Sir/Madam,
I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.
I am enclosing the following supporting documents:
1. Check in the amount of $305, payable to U.S. Department of Homeland Security
2. Form I-131, Application for Travel Document
3. 2 Identical photographs (Name and A# written on the back of photos)
4. Copy of current passport (All pages)
5. Copy of expired passport (All Pages)
6. Copy of Form I-94 (Front and back)
7. Copy of a I-797C, ASC Appointment Notice
8. Copy of a I-797C, Receipt Notice for I-485
9. Copy of a I-797C, Approval Notice for I-140
10. Copy of a I-797C, Receipt Notice for I-140
11. Copy of EAD
12. Copy of Driver's License
13. Copy of Marriage Certificate
14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.
Please approve my application for Advance Parole.
Thank you in advance for your kind attention and cooperation in this matter.
Yours Truly,
PREPAID ENVELOPE ENCLOSED
Your Name
Your Address
I-485 Receipt Number: xxx-xx-xxx-xxxx
December 1st, 2009
To:
USCIS
Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx
Dear Sir/Madam,
I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.
I am enclosing the following supporting documents:
1. Check in the amount of $305, payable to U.S. Department of Homeland Security
2. Form I-131, Application for Travel Document
3. 2 Identical photographs (Name and A# written on the back of photos)
4. Copy of current passport (All pages)
5. Copy of expired passport (All Pages)
6. Copy of Form I-94 (Front and back)
7. Copy of a I-797C, ASC Appointment Notice
8. Copy of a I-797C, Receipt Notice for I-485
9. Copy of a I-797C, Approval Notice for I-140
10. Copy of a I-797C, Receipt Notice for I-140
11. Copy of EAD
12. Copy of Driver's License
13. Copy of Marriage Certificate
14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.
Please approve my application for Advance Parole.
Thank you in advance for your kind attention and cooperation in this matter.
Yours Truly,
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eyeswe
07-13 04:49 AM
Depending on where you are traveling from you may have a direct flight to Mumbai or Delhi. Mumbai is closer to Indore and probably has better and more connections. The key is layover at both these airports to meet your flight times to Indore. Both these airports are now world class (been there just recently) and have shuttles that take you from International - your US arrival, to domestic. At Delhi the international and domestic are somewhat far off... but they provide shuttles...
sammyb
02-13 02:49 PM
read it ...
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viswanadh73
01-03 03:03 PM
some where i read that USCIS follow FIFO for 485 under normal conditions. so if that is the case irrespective of PD who ever applies 485 first whose application will be processed first right? i am not sure on this that's why i asked this question.
