Sunday, June 12, 2011

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  • go_getter007
    10-18 04:16 PM
    Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?

    Thanks.

    GG_007





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  • lostinbeta
    11-18 02:38 AM
    Damn that Bob.... if he keeps getting votes he is going to beat me!!!

    Oh wait... Bob is beating me!!!!!!!!!!!!!!!!!!!!!!!!

    CRAP!!!!



    :beam:





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  • hazishak
    08-01 09:28 AM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone??????????? and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.
    hello .....somebody ans meeeeeeeeeeeeee





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  • yabayaba
    08-18 09:36 PM
    Hi Experts,

    I E-Filed the EAD renewal on July 2nd. I sent all the required supporting documents properly. Also, completed the ASC - Finger print on Aug 5th. Meanwhile, on Aug 3rd, I got an RFE for the three missing documents.

    They are ,

    1. Photos
    2. Application form not signed
    3. Identity documents.

    I do see that lot of RFEs are trigggered for photos and identity documents for e-filing.

    But the main confusion pont here is that "Signature missing in the application form". I am not sure whether they checked if it is E-filed or not. Also, the have mentioned in the RFE letter that "Pl. ensure that you sign and return the enclosed photocopy of your application" for point 2. Funny part is, I only got the RFE letter and the GOLD paper(cover letter). Thats all. No other documents enclosed. I am totally confused at this point whereas photos and identity docs RFE are generally seen in the forum.

    1. Please advice me if I have to fill in a new application with signature and send it.

    2. Please suggest me if I have to write a cover letter with all the details to explain to the USCIS officer along with filled-in application.

    3. Am i eligible for the Interim EAD Card after 90 days starting from July 2nd? I do see in few threads that I may not get the Interim EAD card after 90 days period as the 90 days clock will be reset when the officer resumes my application after receiving my RFE docs.

    I am totally confused and job is at stake.

    Eagerly waiting for your expert guidelines.

    Thanks,
    Raj

    No Interim EAD are issued by USICS. Take an infopass, she will guide you what you need to do on this unique RFE.



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  • jackrock79
    01-13 03:56 PM
    Yes. This is an old case.

    Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?

    Thanks!!





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  • pagalForGC
    06-17 08:48 AM
    HI, I am new to this forum, so pardon me if my question is an old one. Please direct me to the correct thread in that case.

    I am currently working on my EAD for past years since July fiasco. I have over 12 years of experience. My employer who originally filed for my GC, had filed it for EB3 since then I did not meet the requirements for EB2. (I do not have a master's degree)
    I have 12+ years of experience now and am working for a big pharma company on my EAD since. I filed for AC21 and left my original employer three years back and since then I have been working for the same company as a senior technical Lead.

    I do not have a valid H1-B any longer. Is it possible for me to do EB3 to EB2 porting. What are the requirements and would I need my current company to file for me, or can I do it on my own through lawyer?

    Thanks,
    PagalForGC



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  • suavesandeep
    12-19 05:13 PM
    I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.





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  • chanduv23
    04-26 03:33 PM
    My CTO had a fake resume which said he worked at NASA and studied at MIT. When they ran a background check, everything was false. He was fired. He is a US citizen



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  • javadeveloper
    11-24 02:03 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.





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  • gc67890
    07-28 03:55 PM
    I had too.

    Labor EB2 NOV 2004
    I140 Approved Feb 2007
    485 RD July 2nd 2007 ND Aug 10 2007

    ******
    Contributed $200



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  • inskrish
    08-22 12:49 AM
    Looks like more chaos has come. Nowadays nothing is working properly. NSC must have won the imcompetence contest among all those agencies. :-)

    I couldn't agree any more.:)





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  • bestia
    07-16 10:58 PM
    Only I-485 is immigrant intent. LC/I-140 - are filed by the employer, it's not 'your' intent. Medical exams don't matter at all.



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  • coopheal
    11-27 05:13 PM
    Where did you read extra cash is being pumped into other gov projects.
    I read on USCIS website they were hiring 1500 new employees.

    to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..

    They clearly knew this was cash cow so why did they want to cancel it in the first place..

    Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning





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  • PDOCT05
    10-29 11:42 AM
    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.

    It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)

    Thanks,



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  • seahawks
    07-11 08:47 PM
    Lets all focus our energies on a common cause. I understand feelings and we do vent and we do find interesting articles to quote from and I know there is no bad intent. However we need lawmakers to fully understand our cause. Its the simple theory "why do you I have to care about you, if you are looking ways to have laugh at me":) Pen is mightier than a sword is the common phrase, in this case "keyboard" is! Have fun and did I hear CIR is dead, I know there will be something in the form of immigration bill passed before the election based on all I read and it won't be an enforcement only bill. They are having hearings around the country, something will work out for sure, at least thats what I hope for.





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  • Desertfox
    08-14 12:45 PM
    I gave you a green..:)



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  • gunabcd
    07-16 02:30 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
    You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.





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  • MightyIndian
    11-05 08:47 PM
    I think - there will be more people in AF Unit this consulate

    As Hyderabad is very popular in those lines.

    What is AF unit?





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  • kart2007
    10-23 07:27 PM
    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.

    You are right, what i meant to say is that a MTR turnaround time is usually less than 6 months. And its not that the I-485 keeps getting denied more than once. For one denial, assuming a turn around time of 4-5 months, its still within 180 days of the 'allowed' time to work while out of status.





    Vic
    11-19 08:10 AM
    Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

    Now......on to the GC :-)





    amitjoey
    01-26 01:38 PM
    If only we take our concerns our problems to the elected reps of this country.
    If we sincerely talk to them and tell them that we face this- and other issues, we can make some headway.



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