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  • sri1309
    04-11 10:43 PM
    Gator,

    I would be positive that since RFE wasnt answered on time, USCIS knows that it denied it very probably only on the fact that RFE wasnt answered. Now if you MTR using a decent attorney, then there is a good chance that you will get approved. Make sure you have all documentation in place. Refer to "I-140 denied, urgent help, please" forum also in immigration.com's site.
    485 can be reinstated if I140 is approved again. There are cases to get MTR cleared in less than a month.
    I can imagine how it feels, but I am sure you have a chance. Go to a big law firm and a good attorney.
    Sri.





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  • gc_lover
    07-02 09:52 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Door opens both ways in and OUT!





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  • Nitu Singh
    06-12 07:31 PM
    My 5th year on H1 will be completed in end of June 2007. I got my labor certification(EB-3) and I-140 approved and didn't apply for I-485. As my I-140 is approved, I recently applied for 3 year extension. The following are the few things I want clarify with you gurus:

    1) Can I change the employer after I get my 3 year extension on H1 ?

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    I really appreciate your valuable inputs and help me out.
    Thanks a lot!





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  • wandmaker
    02-04 05:04 PM
    Given your immigration status - You can work part time or volunteer as long as it does not conflict with your current employers business interest and terms & conditions of employment.



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  • gcdreamer05
    08-11 11:23 AM
    Here you go!

    Ok we have the poll, now can we start guessing when our dates will be current.

    possibly we need another poll with these options asking when do you think your PD will be current

    1) 10-12 years
    2) 12-15 years
    3) 15 - 20 years

    :(





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  • Singer
    10-21 11:10 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer



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  • coolguy972
    02-07 01:45 AM
    We legals who are waiting in line have another setback with news like below

    Illegal immigration: Influx of immigrants from India baffles border officials in Texas - latimes.com (http://www.latimes.com/news/nationworld/nation/la-na-border-indians-20110206,0,3295315.story)

    last week we heard about Trivalley.

    eb-3 -> eb2 seems like a minuscule problem now.

    We are self destructing ourselves by making US gov loose complete trust on indian credibility with few of the above among hundreds of nuances we are causing.

    If you are like me.. always following rules.. light at the end of tunnel seem to be diminishing very quickly than what we thought.





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  • eastindia
    05-10 01:18 PM
    The delay in the bulletin is definitely a mystery. Some people I know have started thinking about July 2010 fiasco.



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  • willigetgc?
    08-04 08:31 AM
    I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.

    You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.





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  • rajenk
    10-27 05:47 PM
    Only till May 2013. But then you can still renew for 3 more years provided your PD is not current in 2013. You can use the approved I-140 from your current company for renewal. Make sure to get a copy of I-140 approval, not the courtesy copy.

    You have to start a new GC process soon after you join a new company. That way you can port your PD to the new case and be eligible for filing I-485.



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  • SunnySurya
    07-13 12:49 PM
    Reading your post, it seems that it is better for me to do nothing (option A).
    talk to an attorney.
    I have a similar problem with 2 485s, one as primary, one as dependent. The PDs are 18 months apart, and both are not going to be current in August. Had ending up filing both in the July fiasco because both attorneys were dillydallying on filing and we were hoping atleast one gets through, now both did.
    My attorney is now advising me NOT to withdraw one on my own, because USCIS in its own confusion might end up withdrawing BOTH petitions. This also happened to someone recently on the forum (I-140 in one case got denied, and all four 485s were denied, without USCIS realizing that 2 were tied to another I-140 which is still around). He believes we will either get an approval outright and the second petition will be automatically nullified, or we'll get an RFE.





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  • for_gc
    08-13 01:03 PM
    Hi Funny,

    When were your respective I140s approved ? Were they with the same or different employer ?



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  • hibworker
    08-23 11:28 PM
    When the primary files I-485 AOS application, the spouse and minor children are also allowed to file AOS if they are physically present in US in a legal status. It is irrelevant if they are on H4, F1, B1 etc.





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  • STAmisha
    07-10 02:49 PM
    So what happens if USCIS calls a company which is closed. Obviosly that company is closed, so there is no way they can check it. If you loose your tax docs, it is very tough on you?

    WHat worse can happen, they might reject your 140. Since your company is applying for 2 140's, that second one will be a backup



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  • I_need_GC
    10-14 08:57 AM
    Renew you AP before Feb 25, 2009. You are usually paroled upto an year from the date of entry.

    Yes you can file for AP your self, its as easy as filling out the form.

    The stamps having nothing to do with the renewal.

    My AP is expiring in Feb 25, 2009. I have some question regarding the renewal of my AP. When I came back this time afterthe vacation, at the airport they stamp my ap saying that it's expiring One June 30, 2009. what does that mean?

    When should i have to renew my AP?

    How long does it going to take?

    Can i do it by myself as my lawyer is charing $1000 every time i'm using her (she charged me legal fee $1000 for my EAD renewal)?

    When i apply for the Ap renewal does it have anythign to do with the AP stamping saying expires: june 30, 2009?

    Your answer is always appreciated

    Thanks Ahead



    EB3...ROW
    PD May 2006





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  • ajay
    01-26 12:17 PM
    I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

    Can someone please confirm.

    YOu can do everything online.



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  • seltzer
    02-12 03:42 PM
    Yes, that is not only possible, but safer than using EAD. If your I-485 is denied for whatever reason, you still have H1-B with which to keep working. Once you use EAD, you lose H1-B status, and if I-485 is denied, you are out of status and must leave the country immediately.





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  • yabadaba
    07-24 08:07 AM
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  • langagadu
    03-29 03:49 PM
    Ready





    fromnaija
    11-08 07:55 AM
    Your current employer experience has to be prior to your labor filing date (PD). You can not use the experience you got after the filing date.

    You can use your experience with current employer if the future job is substantially different than your current job.





    same_old_guy
    07-22 03:07 PM
    There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

    As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

    Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

    So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

    Does it make any sense ?



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