Friday, June 10, 2011

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  • nashim
    05-12 09:19 AM
    gangadhargs ,
    Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
    I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.

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  • immi_enthu
    10-01 05:33 PM
    But in that case wouldn't we be better off with applying under the point based system...because that will be a more streamlined process...

    Yes for new applicants it's wonderful. For old applicants it's double the money and double the time (to get GC counting time from the first time they applied for GC ) or even more time than the new applicants.

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  • anilsal
    10-24 11:45 PM
    In my opinion its just one of the marketing gimmicks of Y! See how it works

    Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..

    It probably is cherry picking.

    We will post wherever we can(at least it is better than those who are silently submitting to destiny). Throw a hundred stones at a fruit on a tree. Atleast, one will hit?

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  • nshalady
    06-15 12:20 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.


    After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

    Will we need to file for H4?




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  • LC2002
    09-23 09:58 PM
    I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.

    Guys, According to following URL, it seems that all july filers should get the RN by now irrespective of the processing centers. I am 24th July filer but still did not get the RNs so far. Are other ppl also in same boat? Please let me know. I am worried now. D

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  • quizzer
    11-09 12:30 PM
    Hi all,
    Recently I recieved a RFE on ability to pay regarding my I-140.
    I started working with a company in July 2006 and applying for I-140 in Nov 2006 with an existing labor of Nov 2004. My company is in losses all the time but I am getting more than proffered wage since I joined. Recently I received RFE regarding ability to pay and my attorney replied for it. Yesterday I received Intent to Deny notice as there is no evidence that company can pay me in 2005.
    Please suggest me any options that I can do

    Can you tell me ur category (EB2 or EB3) and RFE received date?


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  • shirish
    01-02 12:05 PM
    Thank you very much.

    I dont have a "F" next to the expiry date on the current passport. so i can do the processing for renewal i guess and pay only the $15 for delivery charges.

    Pls clarify.


    Where did you see $15 only charge only for delivery. I am in a similer situation, passport expirig in oct 2007. Can you point me to the web page?

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  • colors
    09-23 12:26 PM
    We will watch and see ... soft LUDs on my case too.



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  • meridiani.planum
    03-10 08:21 PM

    I have filed 140/485 for myself and wife as dependant. Unfortunately, there is a RFE on 140 and wife still has not recieved the EAD. I have just realized that my wife's H1 B 6 years will expire in another 4 months.

    What are the options to extend my wife's H1B beyond 6 years as she doesnt have the LC on her name.? I have another 2 years left on my h1b.

    Please adivse.

    Thanks and Regards

    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

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  • nousername
    02-25 04:35 PM
    You are wrong, H1 by it's definition is a dual intent visa. On the other hand F1 is where it is assumed that you will go back after completing your education.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.


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  • dhirajgrover
    10-16 12:26 PM
    - 485/765/131 submitted in Aug. Receipts are in with Oct 1 as the date. Why would they mark a date in October on the notice even though they physically received the applications on Aug 15th?

    - Should I be receiving an EAD 90 days from Aug 15th or Oct 1?

    - My H1 will expire by the end of the year. Should I be concerned? Do I have to do anything if I receive the EAD before it expires? Assume a case where I get my EAD approved and for some reason, my wife who is on H1, fails to get her EAD before the end of this year. Do I have to file for her extension, or take some other action?

    - When can a person safely switch his/her employer? 180 days after filing the application or after receiving I485 approval?

    - Can a spouse work on the basis of the receipt notice from USCIS, or does she need to have the EAD approval?

    - How long (currently) would it take to receive the Green Card in hand? Are there enough numbers available with USCIS to allot GCs to almost everyone who qualifies?

    - Would I get the fingerprinting notice directly or would my employer receive it?

    - What other formalities would be left after (assuming) 485/765 are approved?

    - Does anyone know of a good site that shows a workflow of all these stages in a Green Card process?

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  • ghost
    09-21 04:27 PM
    Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.

    EB1, EB2 and EB3 depend NOT on your personal qualifications but on the job requirements, which are:

    EB3 - BS or BS+<5 yrs
    EB2 - BS+>5 yrs or MS
    EB1 - PhD

    Find out from your employer or from the job ad that you've been hired for. Good Luck!


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  • same_old_guy
    06-20 08:28 PM
    I did it few months back for my wife from CGI SFO. You should be fine. There ia one thing though. The I-693 medical exam needs your wife's passport number. You could do that only after you receive the new passport. May cause some delay.

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  • pmamp
    07-13 09:41 AM


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  • rani77
    09-18 11:59 AM
    My case is little bit different.

    EAD was approved on August 11th and I got the card in mail couple of days after I received the email. But, I haven't received the approval notice for my EAD yet. The status on the EAD shows that the approval notice was sent on August 13th. I had no issues with AP though.


    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION.

    You dont get any approval notice except the card with white card folder. So you are good ,dont expect any Form 767 approval notice.

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  • nshalady
    06-15 12:20 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.


    After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?

    Will we need to file for H4?




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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.

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  • snathan
    03-24 11:46 AM
    Even I am in the current situation. Please call me 6166342617 so we can discuss or email
    [email] I have spoken to a couple lawyers so we can exchange options

    Why dont you share your attoney's input here...It will be very useful for others in the same situatuion.

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  • mhtanim
    08-27 04:21 PM
    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.

    What's your WAC receipt, notice date? When (date) did CSC transferred your case back to NSC?

    03-29 12:57 AM
    We need to contact the ombudsman office and talk to first Citizenship and Immigration Services (CIS) Ombudsman Mr Prakash . This office can pursue INS to change its policies and has the authority to do that.

    Please check the above link for more information.


    03-10 02:57 PM

    My husband and my EAD and AP renewal time is approaching. We were thinking to do it ourselves but we don't know how to do it.

    Could you please guide us in self filing?

    a) Is there E- renewals? What about photographs for such renewals?

    b) What documents are required for renewing?

    c) Where can we find information regarding EAD and AP renewals?

    Please help us. Thank you very much.


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