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xgr3
05-21 11:06 PM
My I-485 status is updated with the below message. LUD 05/21/2009. Surprisingly they mailed the document on 09 March 2009 and status update is on 05/21/2009

Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Current Status: Document mailed to applicant.

***On March 9, 2009*** we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

Previous LUD 03/31/2009 after completing FP in March 2009 with this message.

Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.

Any clue, whats going on ?

Thanks

---------------------------------
Category : EB3
Labor PD: Jul 2006
I-140: approved
I-485/EAD: applied on July 2007
Finger Print - Completed two biometrics on March 2009
Medical is pending
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gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.

My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.

After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.

I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.

Meanwhile I got H1B extension with the new company.

The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.

We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.

Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.

Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.

I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).

What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
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PresidentO
02-03 01:50 AM
Are you serious? I must be a super expert on taxes because I have always done it on paper using a calculator for the last 14 years and counting. Just spend an hour reading the instructions and you're done. Have a question, call the IRS. Unlike other government agencies (cough.. USCIS cough..) the agents at the other end of the line are actually helpful and responsive.
-a

Well, Not every one is as patient as you are in reading the instructions and if needed a friendly manual or dialing 800 829 1040. The feeling is mutual about the IRS helpline folks.
The OP seemed very confused and thats why I suggested not to fill in on paper by hand.
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ksvreg
07-19 02:40 PM
My I-140 approved. Based on the July 2007 Visa Bulletin revision threat on June 30th, I have prepared and submitted I-485 package with all necessary documents along with approved I-140 copy. I sent the package to Nebraska Service Center and it reached on July 2nd. In the last minute, my company also submitted the I-485 package. My company sent the package on July 1st and reached on July 2nd at Texas Service Center. This was happened due to some communication gap between my company and me.

My questions are:
1. Will there be any problem if there are two package submitted? One from me and one from my company law firm?
2. Will they reject one of the package? If so, which one will be returned?
3. Is it possible to withdraw one of the package?
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fromnaija
06-27 01:20 PM
I am in a similar situation. My attorney says I could file.

Can i file for I-485 while my H1-B extension petition is pending?
Should i premium process my H1-B petition before i can be ready to file my I-485 in july?

Thanks
sri
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sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
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FinalGC
04-13 09:02 AM
Ask your husband to contact a good lawyer like www.murthy.com or www.shusterman.com or www.immigration.com. You will have to pay for their services and I am sure you will get what you need. American Dream is not cheap for the first immigrants......There are tons of bad lawyers out there, so get your job done through a goood one.
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eb3retro
06-18 09:42 PM
Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.


So many views at this thread, but no response..hmmmm...
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ski_dude12
07-13 01:14 PM
Another substitute case...

Any reason you went for substitute labor instead of your own?

I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

Thank you

Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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vikramy
12-22 01:20 PM
I did same 4 years ago. You can travel while your H1B transfer is pending.


1. Can I visit india while my tranfer is pending...???
Yes you can.

2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??

I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back

3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.

I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
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gccovet
07-08 09:36 PM
but we sent out the application package on June 28 (Friday) and the USCIS received our package on July 1st (Based on the Fedex tracking record). There is no way that my employer can refer to the new prevailing wage databse, which is released on July 1st.

Save the FedEx receipts etc, they might be useful in case of RFE.
GCCovet
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fromnaija
02-26 01:10 PM
The risk is that you do not know which petition will be approved first. According to the "last action rules" principle, the last petition to be approved will be your wife's status. For instance, if the H4 petition is approved last she may need to file a change of status to be in H1 or alternatively travel out and re-enter with the desired visa, and vice-versa.
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jumanji4u
03-23 09:30 AM
Hi immigration Gurus,

I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.

Your guidance is greatly apprecaite.

Thanks,
Jumanji
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imconfused
05-25 11:02 AM
SRC.... so is it TSC ? considering its starts with SRC?
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rockdanation
03-13 07:29 PM
Hi,
My employer has been playing this game with me. He filed for my Labour and it got approved in August of 2007. However he did not file for my I-140 until Feb of 2008 , just a week before the labour would expire. Now its been over year , he does not give me my SRC number but keeps telling me its been approved under EB-2 catagory. As for me , I am current in EB-2 , I just checked April Bulletin and I still am current. It looks like he is not going to file for my 485. Is there anyway I can make him file or file myself. Please know, the lawyer is on his side as well. I have asked the lawyer number of times for SRC number but he does not provide that either. What are my option other than joining a new company.

Thanks
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wata
06-21 07:51 PM
Friends,
I got LC and 140 approved in EB3. Now I refile my labor Cert in EB2 (IT manager) via PERM. Anybody has the same experience and know approximately processing time for this PERM to be approved. Thanks for any information.
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ice_mountain
07-17 08:16 PM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?

2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)

3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
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us_employee
08-24 02:36 PM
Dear Attorney,

Is there any minimum length of time to be on H4 before applying to H1.

Thanks
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h1techSlave
04-03 02:25 PM
From the new letter: "The CIS isn�t approving adjustment of status cases at anything close to a rate sufficient to use up even a significant portion of the quota...".

And what is IV's stand on bringing this issue up to the concerned parties? Nothing - nada - nilch. IV's simply doesn't care even if USCIS wastes another 50,000 EB visas this year. As the article suggests 50,000 is the typical annual wastage of EB visas by USCIS (600,000 in 12 years = 50,000/year).

Please take this post as a constructive criticism.
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zCool
04-02 01:00 PM
Agree ,
once you are on EAD , you can work for any number of employers..
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kaisersose
05-13 10:58 AM
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??

Yes, you are missing something. Check his 485 filing date and his adjudication date.
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