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  • Jerry2009
    05-11 02:04 PM
    desimass77, thanks a lot for your response! Congratulations on your loan approval.

    My wife's school insists that AP document from USCIS is not a valid document unless it has been stamped by customs, which forces us to re-enter US :mad:

    I will argue with school again. Thanks a lot for your information.





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  • WillIBLucky
    06-20 08:48 AM
    Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

    If you are plus member you get free 8 photos. I guess for regular member you will 6.
    Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?





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  • gcgcgcgc
    10-26 05:44 PM
    I was surprised to see my AP in hand
    It seems it was approved on Oct 9 and my attorney received it on 22 oct
    I received it today to be very surprised as the online message still says case received and pending
    What surprises me more is that I had called USCIS 2 times between oct 9 and today and they didnot tell me that the case has been approved

    Good luck to all

    Did you see Oct 9th as LUD on your case? We are trying to figure out if LUD is giving any indication towards when USCIS issues the approval.





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  • chanduv23
    03-31 02:52 PM
    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.

    Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.



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  • chapper
    07-23 06:59 PM
    Others can correct me, if I'm interpreting it wrong. A try...

    An individual is eligible for AC21 only if he/she has approved I-140 but is not granted GC because of per country cap.

    It means that when a petitioner applies for H1B extension - they (beneficiary and petitioner) must at the time of filing H1B establish/prove that the alien is not eligible for GC at the time of filing of H1B due to per country visa cap (not many visas available for the country the individual belongs or is claiming GC under).

    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations





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  • crazymish
    03-06 12:33 AM
    your wife is exempt from EAD/AP fees. If you apply online for her EAD or AP, the system will automatically figure that out and will not charge anything additional

    Thx for the reply, one final question on the same lines per the reply above, if I were to file online, would the system ask her to go for fingerprinting again, i heard that if we were to apply paper based then we do not need to go again for a fingerprinting session. Please do share your thoughts here people.



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  • ags123
    08-29 11:17 AM
    Thanks, Roseball. Thats another thing I am not clear on what they will do with I-140. My prev employer had told me they wouldnt withdraw the I-140 and they would revoke H1 after 90 days. It is exactly 6 months since then. So I am guessing they sent in the H1 revocation 3 months ago and CSC has opened it and cancelled H1 now after 3 more months.

    I am hoping they will stick to their word of not withdrawing I-140. However as in my case I was part of a large layoff and I dont know if the lawyers may push employer to witdhraw I-140 just to make some cash withdrawing I-140 for every laid off person.
    (In my case I am lucky enough to have the same lawyer represent me in the new company, however they wont discuss anything related to what they do for the old company as it is company confidential. So what happens on approved I-140 is a mystery)

    The flip side is that it is only 1 week when I am outside I dont know if my luck is that bad that something happens during this one week. I guess no one will have the answer

    Anyways have booked tickets so will watch LUD,status etc till the last minute and then take a chance for one week I guess.





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  • HRPRO
    05-04 01:43 PM
    What if you open a company and sponsor your own H1? Ha! That will have a lawyer in knots!

    Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D



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  • jackrabbit
    04-11 12:21 PM
    You must file AC21 letter before your old employer revokes I140. Otherwise, your I485 will be denied. Request your old employer to wait to revoke I140 until you have sent that letter.



    Is this true??

    I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?





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  • Dhundhun
    08-09 01:13 PM
    The top reason would be-

    "We are the USCIS".

    What say?

    00. It's style - USCIS style.



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  • fide_champ
    02-15 08:30 AM
    Does anyone have any experience visiting canada with an expired US visa and then returning back to US showing just the approval notice? I heard you don't need to get a new stamping if you are returning before 30 days.





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  • gemini23
    11-21 10:30 AM
    the above scenario was if you were mnaintaing H1 status. if you are working using EAD then ofcourse your current status wont be H1 bur AOS hence you will send proof of that.

    The idea is to show that you are here legally and if working prrof of that authorization thorough a visa or EAD.

    Thanks waitingforlong. And the proof of AOS would be 485 receipts right?



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  • questions
    06-10 10:45 AM
    Thanks Kothuri.

    I am trying to understand if this would help much as it has no legal baring and is worth spending the $. My funds are limited and have to choose wisely without jeopardizing my chances... :o

    My understanding is that it might help, but it will ultimately be up to the INS/consulate to take this into account.
    Does anyone has any experience with this and if so how was the nunc pro tunc taken into account?





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  • new2gc
    02-16 01:56 PM
    These time- pass threads are better than EB2 Vs EB3 threads.

    If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...



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  • upuaut
    09-15 07:34 PM
    Ha!! great to see it worked for you right off the bat. I'll have to check out that feature once I get MX.

    It is, by far the biggest pain in the butt effect I've seen done which contains absolutely no action script.





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  • 485Mbe4001
    02-06 02:53 PM
    How does this affect AC 21, can you get a new job as a manager or you have to look for the one you used to apply for GC?



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  • jonty_11
    07-06 01:33 PM
    If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
    no Condi and USCIS Chief just take those #'s and shove them down the toilet..





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  • sunty
    11-05 02:38 PM
    Waiting for 180 days is hard....but its even harder for folks like me, who are waiting for 140 approval..The way things are, looks like it sgonna take much longer than 180 days for 140 approval...Only then I can even think of using AC21....But no complaints...Patience pays...:)





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  • apt29
    08-29 11:33 AM
    Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.

    as far as I know -

    Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.





    TomPlate
    07-05 12:47 PM
    Did you guys called... Senior Members please call or search from
    www.switchboard.com





    langagadu
    11-11 12:16 PM
    I will advice you but do you provide free catering for the next 5 years?

    Just kidding man. Stay with the employer for atleast 6 months (that's what pundits say).

    Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.

    Please do advice accordingly as I need to take decision based on that.

    Thanks in advance



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