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gc_bulgaria
10-23 08:13 PM
EAD came with FP notice on 9/29. Received FP today.
No LUDs since 9/19 and AP status still says "Pending"
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inskrish
08-12 03:30 PM
I am wondering if there is a potential issue for the applications filed between July 3rd to july 17th. This is the period when everything was in limbo. Is there any disadvantage for these folks?

So far I haven't seen anyone getting checks cashed or recipted in this period. We do see July 2nd notices comming in.

I had my 485 application received at NSC on July 3rd. And now we are hearing that they may transfer cases to TSC if I-140 was approved from there. Another delay! This wait is getting me restless.

I don't think we need to worry about July3-17 cases, and July3rd application is not any different from the July2nd application, except the fact that there was a one day delay. :) This is my take on this issue:

According to Jan Pederson, NSC received roughly 35,000 applications in first two days of July.07. As of 08/03/2007, USCIS completed receipt entry for the I-485 applications received till 07/01/2007. If we ASSUME USCIS enters roughly 4000--which could be too high, I believe--I-485 applications a day, it requires atleast 9 working days to complete the receipt entry of July2nd applications. i.e by Aug.16th, USCIS would have entered all of the July2nd applications, and from Aug.17th , they would start working on July 3rd applications.

Secondly, while processing the July2nd applications, USCIS doesn't give any priority to the actual time the applications were received. That is why some of us raise our eyebrows as to how the 11.30am filer gets the receipt notice before the 7.55am filer receives the same.

Again, it is just based on my personal observation.:)

Regards,
IK
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mayurcreation
01-13 09:23 AM
Hi,

My previous employer had filed my I-140 (EB3) and it got approved after I left the company. So I don�t have I-140 approved notice copy with me but I do have I-140 receipt notice. They haven�t canceled my I-140 (I can check the status at USCIS web site).

My new employer had filed my I-140 (EB2) and it got approved last month. As I was not having my previous I-140 approval notice with me so I did not mentioned to my new employer about my previous I-140 approval at the time of filing new labor and I-140.

1) There is anyway I can do Priority Date Porting from my previous I-140 (EB3) receipt copy ( as I don't have approval notice copy with me at present) to my second I-140 (Eb2) after it got approved last month.

I have checked with my company lawyer, they�re saying that the priority date gets fixed at the I-140 stage and it is very difficult to get USCIS to update it once they�ve issued the I-140. They say that usually there�s no response from USCIS on such cases even if we put in a request. I�ve asked them to see if there are any other options

There is any other option!!

Thanks in advance.

1st PD EB3 11/17/2007
2nd PD EB2 07/27/2009
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willIWill
04-30 05:43 PM
Yes one from Mother and one from Father.

You may find a sample by googling.
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chanduv23
07-11 12:06 PM
Hello friends,

My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

Appriciate your thoughts...

Depends - everything happens random manner. Generally CP filers have advantage in such situations
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pappu
09-23 01:33 AM
There is a lot of media coverage for the rally. Could everyone post links on the thread. We will then prepare a list and add it to 'IV in the news' page.
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i99
09-26 01:18 PM
Answer to the initital inquiry in this thread:

I don't think anyone can know at this point. There is frontlog/backlog at different steps. USCIS information they post is misleading. Look how wrong receipting dates information is !!!...:(
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walking_dude
08-02 10:53 AM
Thanks Santb1975, Natrajs. Sanju, that's a dangerous proposition... I might kiss you back :).

Mahatma, welcome aboard. First step is joining the Yahoo group. I look forward to working with you and other IV members from Tennessee.

Disagreements are the essence of Democracy. I don't mind disagreements. My intention is not to setup an organization with autocratic leadership, but a forum open for discussion and new ideas. We do have to respect the bye-laws of the IV organization and maintain forum etiquette. Other than that I have no issues with anyone disagreeing with me or pointing out where I went wrong. I appreciate such constructive criticism which is accompanied by participation.
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abhijitp
08-01 07:42 PM
hi:

I am filing my I140 and i485 togther this week. I have had 2 previous employers to the current one.

I wporked for my first employer for nearly 3 years ( some months less) and then other employer for some 4 months and finally switching to the current employer..where I have been working for 6.5 years.

I am getting experience letter from first employer but second employer where I worked for 4 months has no record.

Is it ok to file I140 with just experienced letters from my first and the present employer and let go the one with just 4 months? Please let me now..I did call the former employer who worked there..but she also does not remmeber because it was 7 years back and that too for short time.

Please let me know..is that is risky or will come back with RFE?

DB
Do you mean Progressive Experience Letters for the EB-2? If so, you probably do not qualify as before joining this current employer you did not have 5 years of experience (unless you have a Masters, in which case you don't care for Prog. Exp. letters).

If EB-3 why care, unless you mean just plain old "service certificate".. not sure if that makes a difference at all.
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ken
04-08 02:24 PM
Hello gurus
I filled my 485 in july fiasco at Nebraska service center. Today I recieved an online update on my and my wife case (485) saying that case has been transfered to miami,fl , the reason is because it falls under that jurisdiction.
I am EB3 India, PD Aug 2002.

I already recieved my EAD,AP

Let me know your thoughts or if some one else also recieve the same update.

Thanks in advance..
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karun99
07-24 11:03 PM
I am also on the same boat. Can anyone please post the links to get all application forms for filing I485/EAD/AP . Thanks in advance.

Karun
Contributed $100
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joydiptac
04-14 02:58 PM
Hi All,

Please advise me on status below.

My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

Thanks,
Vishwa.

I have been advised by some good attorneys that with AOS you do not need to go out and come back just to change status from Non-immigrant to Parolee or to extend I-94. AOS protects status and will not accrue any illegal presence. If you have vacation planned by all means go (take your AP along).
There is however a Neufeld Memo which if conservatively interpreted will mean that you have to either maintain Non-immigrant status or become a parolee (come back in AP).
�Example 2: An alien is admitted as a nonimmigrant, with a Form 1-94 that expires on January 1, 2009. On October 5, 2008, he properly files an application for adjustment of status. He does not, however, file any application to extend his nonimmigrant stay, which expires on January 1, 2009. The adjustment of status application is still pending on January 2, 2009. On January 2, 2009, he become subject to removal as a deportable alien under section 237(a)(1 )(C) of the Act because he has remained after the expiration of his nonimmigrant admission. For purposes of future inadmissibility, however, the pending adjustment application protects him from the accrual of unlawful presence. �
-Source: http://www.laborimmigration.com/wp-content/uploads/2009/05/neufeld-memorandum-may-6-2009.pdf
But the Attorneys believe that this alone will not cause you to get in trouble.
My interpretation is, this is just meant so that they have the right to deport you if things go sour for multiple reasons e.g. you are caught carrying drugs, or get a DUI, or you go up and ask for unemployment benefit or something stupid like that (i.e. become public charge which is a big no no).
But one thing to note is always ALWAYS make sure that your employment is authorized. (have EAD current or you aren't allowed to work). Working for the employer who filed for your I485 IMHO is best under the current ICY environment.

This brings up a seperate question if employment gaps are not allowed in EB AOS then what if EAD renewal does not come in time. I have no idea about that one. Its messy. US really needs CIR they need to do some house cleaning.
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Immigstories
01-17 07:17 PM
Thank you both for sharing your thoughts...

I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.
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Openarms
10-19 02:25 PM
Looking for attorney for GC processing. PERM - I-140 (Interfile with existing PD). Please respond with details so that I can discuss with full details later. Appreciate if you state your fees.
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ssdtm
02-23 10:31 PM
As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.
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optimystic
09-10 04:43 PM
Glad you liked my thoughts. Just felt this might be a novel and practical campaign rather than doing flowers again or something else.

I think IV can even have such cubes available as IV merchandice and people can donate via a 'Send a F cube to USCIS' button probably !

<< BEGIN: Shameless request :
If you liked my ideas please give me some green dots so I could become eligible for IV chat. :)
END : Shameless request >>
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mikemeyers
11-07 03:16 PM
Thank you all for replying..so in your opinion first thing i should is to contact school..then wat are my next steps..
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sertasheep
03-26 12:48 PM
Sai,

HOW: Some attorneys have what they call "consular representation" (ie a good working relationship with the Consulates in Canada). I do NOT know how this is feasible, but several applicants who are unable to travel to their home countries due to long consular wait times, fear of retribution, etc., go through a attorney to get the stamping done in Canada.

WHO: There are quite a few who specialize only in consular representation. And, they're VERY successful at this. They travel to Canada, ask you to be present at a rendezvous and then you go together for the interview. But it costs you quite a packet $$$!!!!

How can a attorney help in getting H1 stamped at a Canadian US consulate ?
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sunny1000
06-19 07:12 PM
The below thread has a lot of info.

http://immigrationvoice.org/forum/showthread.php?t=16145&highlight=PIMS
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Prashanthi
08-21 01:54 PM
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
__________________


The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.
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dingudi
03-06 11:15 AM
-----------------------
You can reschedule it as many times as you need. There is no limit. However, going by my experience, rescheduling third time will have the USCIS put your request at the bottom of the pile and it takes for ever to get the 3rd appointment letter.

Like in my case, go to a not-so-busy ASC (preferably in the non-urban area) and they will do your FP without a need to reschedule.

Thanks

JK

sendmailtojk,

My spouse burnt one of the finger and has a blister right at the spot where we take FP. So I am not sure if they will reschedule her or not. When we got her FP notice , we made some travel plans after the FP date but unfortunately this incident happened. Now if they reschedule the FP then most likely we wont be here for the rescheduled date. So I was wondering if I can just take the photocopy of the original FP notice (as for reschedule , we will have give up the original notice) and drive to another ASC after the finger heals and try to complete it there rather than wait for the original ASC to send us the rescheduled date. Is there a way to find out which ASCs allow walk in and which I dont. I am based in Boston and so pretty sure Boston ASC does not allow to walk in. They go strictly by appointments. So I am hoping to some other nearest ASC.

Also as your family completed FP after your scheduled date and that too at another ASC, do you know what you will do when you receive the rescheduled appointment.

If you could tell me if there is way to find out if an ASC is busy or not.
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