Wednesday, June 8, 2011

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  • mohitb272
    03-19 11:47 AM
    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.





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  • gjoe
    01-04 09:24 AM
    I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.

    All that I have mentioned above are just my guess based on the trends I see at various forums.

    hi gjoe,
    thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?





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  • ivvm
    10-07 08:54 PM
    My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.

    Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.





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  • wandmaker
    01-10 12:46 AM
    EB-2, 485 and 140 submitted in June 2007 concurrently, RD and PD both are June 2007. I borrowed my husband's Swiss nationality. Now 140 approved, AP and EAD got, but NC is still pending.

    Just curious: When will USCIS process my 485? According to my nationality or my husband's? If it's mine, god, I may have to wait for 4, 5 years because of the terrible VB backlog! Is it after 485, everyone no matter which nationality, the processing time should be the same. All the world line up together. Please correct me if I am wrong.

    since you are using your husband's nationality (x-chargability), you should have your GC in 6-12 months provided your name check has cleared.



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  • senram
    01-04 12:22 AM
    It is possible that India might take this to WTO. But that is a long shot and by the time result comes it will be 2 years or more and law itself is irrelevant.

    It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?





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  • pcjandyala
    08-09 11:58 PM
    Kumar,

    We understand your concerns. Please double check whether you can apply for COS(chang of status) alone as you are already here so that USCIS approves such requests. if you are hesitant to go out of the country then you may look for one more option. You got H1B approval so you are excemted from the quota. So, you can apply for another H1B+COS with Company B and you can start using it once it's get approved.


    Please note that you cannot come back on L1b if you opt to go out of country for stamping otherwise your last status rule applies.



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  • GCVoice
    12-20 11:46 AM
    Yes. she has a valid H4 Visa stamping till Jan 10. and she is landing in Dec last week.

    Thanks in advance





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  • WeShallOvercome
    07-26 12:55 PM
    There's a user named 'whermygc' on page 10 of .



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  • stuckinmuck
    05-25 01:44 AM
    The latest version of the CIR bill majorly messes up legal immigrants' lives.
    My advice would be to get ready to pack your bags and go back home.
    The H1B provisions will make it impossible for you to stay here for long.

    I presume you are affected by GC retrogression.





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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.



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  • dixie
    11-28 11:51 AM
    Its just like how introducing the PERM system sped up labor certification, but increased retrogression several times. Guess we have to learn from that. FBI name checks are already taking 2+ years, you can imagine what will happen if all the retrogressed PDs become current overnight.





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  • prince_charming
    02-14 10:46 PM
    How long did it take for your MTR process from the time you submitted till the time your attorney received the I485 re-opening letter?

    Specifically, how long after sending MTR did you get the receipt notice that MTR was receive and how many days after that did the letter to reopen arrive?

    I have an d MTR in the works in TX service center and trying to find how long they are taking these days.

    My MTR got approved in 2 months from TSC.

    But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?



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  • RajForGC
    02-10 02:46 PM
    I think if you are applying for differnt catagory then Position need to be different (Eb3- Eb2) and you can carry your old PR date. If you trying to apply PERM with same catagory then you can carry old PR date but can be in Same position, not sure you have withdraw first LC or not, consult few attroney before take any action.
    Thanks





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  • hopefulgc
    08-03 06:38 AM
    Great idea... signature updated.



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  • ksrk
    08-14 08:08 PM
    Hi Omved,
    You need one of the two documents (H1B stamp in passport or valid AP) to return to the US - that is simple. I agree with you that planning travel in anticipation of AP renewal is very dicey.

    Your best bet would be to get your H1B stamp at a US Consulate (in India or Canada). My personal experience has been great at the US Consulate in Vancouver (but as you must know by now, there are no guarantees when it comes to immigration matters). The first step, of course, is to look for appointments in these consulates. No matter where, the process is lengthy but not impossible.

    Not to scare you, but a colleague's application for H1B stamp got "picked" for extensive security check the last time he was in India (applied at the US Consulate in Delhi).

    BTW, the law requires you to be in the US only when the AP (renewal or otherwise) is filed; not till you receive it in hand. So if you make all necessary arrangements for your H1B stamp, you can leave after the I-131 is filed.

    -K

    DISCLAIMER: Not legal advice - based on personal anecdotes, opinions and preferences.





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  • gctex
    07-01 11:52 PM
    Hi all,

    In her passport, my wife's name appears as follows :

    Given name = <blank>
    Surname = <First name> <Last Name>

    Now visa stamping has this :

    Given Name = FNU
    Surname = <First name> <Last Name>

    We are filing I-485 this week and in all the forms we were thinking of giving :

    Given Name = <First name>
    Surname = <Last Name>

    At the same time initiating a Name Split in the passport. Is it advisable to have name split in passport while I-485 is in process?.

    There is actually no "name change" per se. Just splitting it and putting it under the correct first and last names. If we file it using FNU, then all her records like DL, SSN, EAD, AP & then GC all will be starting with FNU, which is what we want to avoid.

    The ideal way would've been to split the name in passport first and then file it, but we are afraid we could get stuck with retrogression again, if the process gets delayed! :confused:

    Please advise !

    Thanx

    -Gctex



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  • Vishal2007
    02-04 06:33 PM
    i was totaly upse about this post, here is my correct entry

    definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),



    definitely your entry should be deneid, you are not uncapale to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic voilence there are on citizen/GC (either one of them),





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  • hopelessGC
    04-28 11:13 AM
    The same thing happened to my wife's I-129 petition on 4/26. Don't know what it is for.

    My wife quit her H-1 job in 2007 and moved to EAD/I-485 status as a dependent.





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  • clear485
    06-02 10:11 PM
    there is no 10,000 source but i heard people say that..
    are you also their client..are you audited..my audit is on business
    necessity and recruitment..

    does this mean we are screwed...or will they do something..they are
    big law firm..why would we suffer when one lawyer in the big firm makes
    stupid mistake

    Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....

    My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....





    Funky_Monkey
    09-10 11:32 PM
    Hi, I have a quite strange situation here:

    I am from China. I have an approved EB2-NIW I-140 with priority date of 2/2008 and an EB1a 140 petition denied on 8/4/2010.

    I filed an I-485 concurrently with my EB1a, along with EAD applications. I got my EAD on 11/2009 and used it to work already.

    The strange part is, my I-485 case is still pending, even though my EB1a petition is denied. In fact, I received RFE for quality photos two weeks after my 140 was denied. I think this is a USCIS error because they think my 485 was linked to my EB2-NIW case.

    Now, am I staying in the U.S. illegally even though technically my 485 petition is still pending?

    Thanks for all you comments.





    nagesh75
    03-17 11:30 AM
    I have received a email from CRIS asking for more evidence on my wife pending 485 application. I guess that is related to the medical. Will I receive the RFE by mail or my lawyer does or both. My GC process is through a lawyer.



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