Wednesday, June 8, 2011

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  • Ramba
    01-03 03:57 PM
    USCIS process 485 based only on received date of 485. They dont consider PD, country of chargability, immigration class EB1 or EB2 etc, when processing/reviewing your file..

    After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.





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  • stillhowlong
    01-18 10:36 AM
    You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.

    For interfiling, one can request the priority date porting in any of these:
    - when you file the 2nd I140. You can send a copy of the first one and request to use that date.
    - when you file the 485, you can request to use the earlier priority date.
    - After you file 485, you can send a request to use the earlier priority date.
    In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.

    When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.

    Note: This is not a legal advice. Please consult a lawyer.

    Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.

    Thanks
    SHL





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  • eb3_nepa
    03-22 04:41 PM
    Maybe we shud send this document to our friends at NumbersUSA (anonymously). That shud shake them up. ;)





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  • samnay
    07-18 03:33 PM
    I have heard that there is a Fiancee visa - K visa or something. Do look into that if you would like to bring in your would-be here before your marriage. To your original question, your strategy sounds cool to me. Marriage etc. are important decisions, that affect you life-long, much more important than stupid GC, work visa etc. I would recommend, follow your strategy, file your I-140 as soon as you can and then wait to get married before you file your 485. Since you are from a non-retrogressed country and EB2, you should not have to worry about backlogs etc. Good Luck.



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  • vrbest
    11-18 03:17 PM
    One of my colleague got the same.. USCIS wanted copies of I 94, Driver License and all pages of Passport.

    They wanted color - clear copies.

    Hope this helps!

    Hi Mena,
    I have the same status online, except date is Nov14, did you recieved any mail so far, if yes can you please tell what is that USCIS is looking for.
    Thanks.





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  • thomachan72
    09-09 06:26 AM
    Hi ,

    I got deported from Chicago when I was travelling back from India because I worked at a gas station with out authorization . I had to admit that I worked and I was deported back by flight same evening . They gave me the ticket .

    My visa is cancelled and I was told to go back to consulate and get a new visa .

    I want to come back and complete my studies as I have only 1 semester left . Please help what what should I do now .

    thanks in advance.

    RD
    If you were registered for the full credit required (I believe 9) then you are permitted to work for atleast 20 hours. I dont specifically know about gas station but students work on campus at the library, cafateria, other departments etc. Maybe gas station is considered off campus? Not sure about legality of that.



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  • sanprabhu
    05-15 12:05 PM
    What we need to do is to send a distinctive post cards to all the members of the congress by all of us that means each of us sending a post card each with our address and phone numbers.

    The post card should contain
    - IV logo and what we are
    - What we want from Congress in very simple term
    - What we will happen with the reforms

    So if we can get the portion of the money collected to create these postcards pre-printed with congressional office address addressed to each member and then IV members should send a request to the send the package to them by sending a money say $25.

    Once the member recieves the package then prints the name and address and just attaches a stamp and sends it by mail to congressional office in DC on designated week.

    I believe we get a bang for the buck if these postcards arrive enmass at one time and create more awareness to our plight and hopefully create a media sensation (similar to flower campaign).

    In each of the case of our victory came by some mass mailings either flowers or letters.





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  • Green.Tech
    08-20 10:08 AM
    No. I changed to a different company with same position.

    It is more than likely a computer glitch but it's always worth it to check with the USCIS. A few years ago the status on one my approved old H-1B cases changed from Approved to Initial Review. It shows the same (Initial Review) status till date. It did not affect my current and/or future H-1B approvals.



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  • somegchuh
    07-16 02:41 PM
    NSC has an interesting way of working. Oct 06 cases are pending and they are approving Dec 06 cases.... never think of predicting what govt is (in)capable of :D





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  • lskreddy
    11-19 11:00 AM
    I called USCIS and they said I could e-file. Thanks.



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  • H1B2GC
    09-30 09:20 PM
    You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.

    If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.

    This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.





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  • rajivkumarverma
    10-16 07:16 PM
    Whats the reason for the denial ?

    My Labour was For EB-3 and my I-140 was filled in EB2
    One of my Colleague also had same case but he got query on his
    I-140 and mine got denied

    I have a question
    Now I will have to file new labour and I-140 can
    Will I loose my old priority dates



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  • simon03
    07-14 01:11 PM
    My company attorney is not of much help. He claims given that USCIS has issued Receipt, and has not yet rejected the application, we may be ok...

    For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.

    Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?





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  • dealsnet
    09-02 03:54 PM
    This guy is so curious to know what item and from which store ?
    Let him know your answer.

    Just chill its just shoplifting, its not like you killed somebody. Its not a crime for which there is no way of repenting. If court found you not guilty and you have done whatever punishment, then I don't see why should have to arms length to hide it.

    Don't commit another crime by hiding it. Be confident and accept your mistake. Show some remorse. Just have all your papers in line. One of guys I know has some amazing history which will put your shoplifting to shame. He got his GC and living his life in peace. Just don't hide infront of officials. Also don't flaunt it around.

    PS: Out of curiosity where was it that you were trying to shoplift?



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  • aashishkapoor
    04-30 04:11 PM
    question releated to same issue :

    both father and mother has to issue seprate birth affidavit ( I mean on different non-judicial paper affidavit ?

    do you know any particular format for this ?

    Thanks





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  • paritp
    03-03 07:51 PM
    hi all,
    my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?

    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number:

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)



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  • chanduv23
    12-16 11:01 AM
    You may want to remind people in the day about the chat. Once it happens regularly, people will remember.

    Agreed.

    Folks, we have this Chat every Thursday at 9.30 PM EST





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  • nk2006
    08-04 10:02 AM
    So the persitence really do pay. I don't know the name of this gentleman but if you are reading this post please provide some more details. Hats off to you.

    Wow...that's a nice story...in a way its sad that somebody has to wait for long for no apparent/valid reason, on the other hand its nice to know that his latest efforts succeeded at the end.

    This shows (if there are any doubts) how bad is the administrative efficiency of USCIS. There might be several more cases where people are just waiting. Thanks to IV for working on a few administrative efforts recently - but examples like this show how much more to be done.

    On a side note: if this is an IV member, first of all congratulations and secondly please consider giving your details to IV core so that they may use quoting your case in arguing for better administrative changes at USCIS.





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  • nabs501
    07-17 06:07 PM
    If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.

    If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.

    If she does not have a visa to come to the US; then just wait...

    I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.

    Also, just a friendly suggeston:
    Ask him to join IV :)





    aranya
    01-15 10:40 AM
    Two things

    1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

    2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.





    isthereawayout
    02-22 12:42 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..



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