Tuesday, June 7, 2011

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  • mrow
    07-07 10:21 PM
    My thoughts:

    My RIR labor was filed under EB-3 in Aug 02 tho' I originally gave all the papers in Jan 02 to the attorney and pleaded that my case be filed under EB-2. He refused to do so saying that I did not meet the prevailing wage for EB-3 (I was about 20% below it according to him). I knew my friends who graduated along with me from a local Univ. in '98 had all filed for EB-2 and couldn't have been making a whole lot more $ than I was. Anyways my labor took about 13 months thru Chicago and was approved. Was it a good decision to go with EB-3 instead of EB2 and avoid the risk of labor denial? Maybe/maybe not. I ended up being stuck in 485 processing for 4 years because of this Eb-3 decision. Out of desperation we were about to refile for EB2 Perm labor after going through the ads when things became current for me in May. EB-2 I would have gotten the approval 3 years ago.

    You most likely will meet the prevailing wage by the time the G.C comes thru and the GC is after all for a future offer. Is there any way you can refile under Perm labor? I've heard Perm takes 2 months with an efficient lawyer and a supportive employer. Perhaps you can somehow use the same PD and refile under Perm? With AC21 you can change jobs and will surely meet the prevailing wage.

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  • forgerator
    02-12 11:25 AM
    if your employer is ok with the arrangement , why not?

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  • hk196712
    07-16 12:44 PM
    Sorry Friends...I am new here and don't know how to deal with this.

    I filed both I-140 and I485 in Sept 2005.


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  • maddipati1
    02-04 05:48 PM
    i have applied for AP 3 months back for myself (primary) and my wife. we got wife's AP 3 weeks back. not even LUD on mine. so i faxed expedite request on Jan26th.

    Got a letter 2 days back saying,
    ' this aknowledges ur expedite fax. we have been unable to locate any record of a decision made on ur case. if u desire, u can file a duplicate application'.

    they asked to send dup application with a 'Attention: Do not open in mailroom, deliver to co-ord supervisor'.

    they also enclosed an bright orange letter for expedite proc and asked me to place on top.
    the header of this orange letter reads 'Attachment 4: NSC has determined that ur appl previously submitted cannot be located :-( therefore u r requested to file a duplicate'.
    im guessing in the pile of apps, they couldnt fetch mine :-(

    i kinda ignored this letter and been preparing for H1 stamping back home. took VFS appointment, plane tix, what not.

    to top all this, yesterday there was soft LUD on my case and again another one today.
    so i am guessing they located my application and started working on it.

    i have seen in case of my wife's AP and another one on the forum, few days before AP approval, u get soft LUDs 3/4 times and then the status changes to 'document mailed to applicant'.

    while i still have H1 back-up plan, im hoping my AP will get approved in 2/3 days.


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  • sparklinks
    04-09 03:59 PM

    This is my status.

    I 140 � Approved in 2006 and have a copy.
    I 485 � Filed in Jul 2007, Receipt date Jul 02, 2007. Have copy of I 485 receipt.
    Perm Labor � Have perm labor approval copy.

    Since it has been more than 180 days I 485 is pending and I 140 also approved, I joined my client. Now my old employer says he will withdraw my I 140.

    I would like to send AC21 job change info to USCIS my self.

    Please let me know if any one is in the same situation and filed (informed) AC21 by yourself.

    And also advice if anyone used new attorney only for AC21.


    One quick question, does perm labor approval copy will have any job details/code on it or just approval notice ?

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  • SL%%
    08-26 12:12 AM
    Thanks SL : Like I said before, the cust. rep. said that she did not have access to know check if the case is pre-adjudicated or not. So, I was wondering, how will the info would be accessible to any other cust. rep. May I be I will give it a shot one more time.


    I think some doesn't really have any info due to access level (maybe) but I am certain that I read somewhere here where member(s) of this forum were able to get that information. They just said you have to keep on trying, at least that's what they did.


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  • plongwait
    12-07 03:51 PM
    Hi Everyone,

    We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.

    The thing is my husbnad is on H1 & me on H4.
    His H1 was getting expired in Jan07 & has been extended till May08.
    His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).

    We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.


    1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?

    If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.

    2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?

    3) Will appointment be available in Feb or we r too late ?

    We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.

    Thanx in advance.:)

    Thsi is my suggestion based on the personal experience. May be it's helpful t o you.

    You can get your new passport in USA from your nearest Inidan Consulate. The form is very simple - may take just a few hours fill. Indian consulate takes about a week to get the new passport.

    I have got new passport (after 10 years of expiry) for whole of my family from Indian Cosulate at San Francisco in 7 days. This process is really simple. As the Visa appointment dates in India are available at short notice, you may have enough time to get new passport and then ask for Visa appointment if you apply for the passport in next few days.

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  • abcdefgh
    03-29 12:48 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.


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  • funnymdguy
    11-16 02:57 PM
    same situation here, never received the EAD and the IO asks us to re apply with the new filing fee of 340$ even for the replacment EAD.

    Are you planning to reapply? did you find any way around it? You met the IO, so does it mean u took the infopass appointment for it or just showed up at the office?

    Actually, thats another question- do you know whether you can go to USCIS office without an infopass appointment and try to meet an IO?

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  • sumkam
    07-28 03:01 PM
    It takes roughly 20 business days. We just got ours.


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  • anai
    09-18 10:31 AM
    Hi, My wife and I received three emails each regarding 485 approval ("notice mailed welcoming new permanent resident," "CPO ordered," and "approval notice sent") on 9/8. My wife received her "welcome notice" and the card itself within a few days. But I have not received either yet.

    1. I know the CPO email says wait 30 days, but given that my wife has already received hers, I suspect that mine was either sent to an incorrect address or there's some other hold up. Anyone else in a similar situation? Any thoughts/ideas/suggestions?

    2. I guess I can wait 30 days and then apply for a replacement card with an I-90 (for which the current processing time is 3.5 months). How can I travel internationally in the interim? If anyone is aware, please let me know; I am trying to have a plan in place, in case an emergency arises.

    Thanks to the two other posters, for their informative replies.

    Here's a follow up. I just called USCIS to discover the following:
    About two years ago, we moved and filed AR-11s. The address in their system shows a mix of old and new for me (whereas the address is right for my dear wife). And my card was sent to this incorrect address. What should happen next is that the card will be returned to them and then get mailed out again, but this time with the correct address. What will happen in reality is anybody's guess.

    Updating here in case this is helpful to anyone else.

    By now I am so used to having a constant 'green card concern' gnawing on a corner of the mind. We've probably grown so fond of each other over the years that even after 485 approval, it lingers on.

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  • abracadabra
    07-06 11:38 AM
    There are about Six theards on washington Post going on currently, the ask question, till someone picks up Thanks


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  • black_logs
    02-08 03:52 PM
    I agree, It is just that I'm so frustrated to see them doing almost nothing since they came to power. All they talked since then is reservations...not a single project. After 2 years in power only 1 project they have initiated since then is this airport upgradation project that too is Vajpayee government's brainchild.

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  • immilaw
    12-14 12:37 PM
    It was easy last year to not pass the bill. We had a Republican President & Congress and Democrats kept on blaming republicans for not doing anything. I think this time the ball will be in the Democrat's court to pass the CIR and send to the President for signature. They won't be able to blame it on republicans.


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  • FinalGC
    05-10 04:50 PM
    I do not think USCIS declares that as a status, since u r in "LIMBO" status when in EAD or doing adjustment of your status, from previous to current.

    If something negative happens to your case...you immediately become illegal status......So this is why all lawyers recommend to keep your h1 status valid, when you file your 485. Getting into EAD is a risk, which some bold take and survive, others like me who try to play safe....stay on H1 until the 485 is approved.

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  • velu07
    06-26 10:05 AM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485


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  • bbenhill
    10-12 06:26 PM
    Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).

    Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).

    I found this confusing, here are the questions :
    1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
    2. which one that I need to surrender ? is it from airport or H1B approval ?

    Please advice ... I am really confuse with this immigration things ..


    You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...

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  • waitforevergc
    03-05 06:16 PM
    Means the whole US is going to be screwed? FDIC is like our mother ship.

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  • things2strike
    08-20 08:36 PM
    Hi Friends,
    My maternal uncle filed PR for my parents and the priority date is: 06/24/2002.
    The date of approval of I-130: 03/12/2008
    My age was 20 years and 5 days as on 06/24/2002. I am currently working in USA on H1B visa. So can I apply for Green card with change of status with my parent's I-130 with Child Status Protection Act?

    07-30 01:07 AM
    Thanks a lot

    08-14 01:14 PM
    Thanks for posting updated information . Are these Received dates or Notice dates?

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