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  • pscdk
    08-16 07:03 PM
    485 RD - 06/25/2007 (Filed at NSC)
    485 ND - 08/01/2007 (Came from TSC)
    FP ND - 08/09/2007
    FP Notice Received by mail on - 08/15/2007
    FP Appointment - 09/06/2007

    Did you receive the FP notice or your attorney or both??





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  • VMH_GC
    12-14 03:41 PM
    Thanks all for your information. It is really helpful.





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  • mnq1979
    01-29 10:54 AM
    Dear All,

    I need urgent information that how to file Advance Parole application. My I485 application is pending with USCIS and now i need to travel to my country as my uncle is very sick. I am planning to fill out the application by myself and not by the lawyer as he is ripping me off. Can any one help me how to fill out the application although it seems very easy but i dont want to make any kind of mistakes.

    In part 1, field (3) of the application it asks me for "Class of Admission" i am not sure wat to write in it. NEED HELP IN THIS FIELD.

    In part 3, field (1) and field (2) can i write "Various" as I want my document to be valid for multiple visits OR do i need to put any date.

    I also need some guidance that what kind of letter I should make where it asks that "On a separate sheet(s) of paper, please explain how you qualify for an advance parole document and what circumstances warrant issuance of advance parole. * Include copies of any documents you wish considered."

    Please, please help me in this regards.

    I would really appreciate if any one can help me out in this matter.


    Hi,

    My wife's I-485 is currently pending. Along with the I-485, an I-131, and I-765application was filed on July 31, 2007. As you know, the process time frame for the I-131 is 90 days. The I-131 was being a bit delayed due to the amount of fillings from the new fee increases. Over 120 days later in mid Dec. I still had not received confirmation.

    Unfortunately, I just purchased tickets to travel overseas to visit family and friends for after Christmas. I emailed my immigration lawyer about the status and they only said that it's still pending.

    Over a period of a few days my wife and I contacted USCIS to check on the status, and we found out that there was an error on her date of birth. That very day the date of birth was corrected and the I-131 was expedited and we received the documents in time to travel a few days later.

    The immigration lawyer says that the error in the date of birth had little to none effect on why the I-131 was delayed. Instead he believes the delay was because he didn't receive tax documents from me till Dec. 4., which he believes is why the I-131 and I-765 was approved on the same day.

    However, I asked for a fee reduction due to his lack of service. Due I have a valid argument? Any thoughts welcomed!





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  • snathan
    02-17 09:14 PM
    Thanks a lot snathan.

    emploer A is still holding my H1b, they did not revoke it.

    employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
    H1b transfer.

    The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

    please help me.

    Yes...if you get the approval, you can join the company B, anytime you want.



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  • richshi
    01-07 09:17 AM
    How stupid and insenstive the administrator has behaved by initially denying the prize to the Lin's baby. Was $25,000 prize worth the criticism from the Chinese community which will result in bad image and probably rascism label to Toys R Us? If this story gets published in Chinese newspaper on mainland, look how this will affect their sales there. Nowdays, who can risk losing China market?

    It is not fair to call the resignation of the administrator of this event because of the poor judgement he excercised... but an internal reprimand is certainly appropriate.





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  • funnyman
    07-04 09:16 PM
    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?



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  • softcrowd
    04-23 09:35 AM
    Yes, that means your I-140 is "filed" under EB2...But note that USCIS can always comeback & say it "can" or "can not" be approved under Eb2 based on the job description in Labor.

    In rare scenarios, USCIS comes back with a "NO" to Eb2, especially if the JOB description in Labor does not suit an Eb2 requirement. But in 99% of the cases, its fine (because, attorneys normally don't file it under Eb2 if its not one).

    All the best!!





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  • number30
    09-23 02:29 PM
    If she has valid H4 stamping go to Canada and comeback. She can apply as H4. Even illegals are going to schools without any issues. If you stay legally you have to go through all these issues. Which University is this?



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  • belmontboy
    10-27 05:01 PM
    Guys, things may not be great, but you know what - "what does not kill me only makes me stronger" - Friedrich Nietzsche

    Hope this diwali bring great things for us.





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  • paskal
    07-18 12:18 AM
    there are 20,000 here
    and more of us around on blogs like immigration portal and siskind-ilw
    IF: everyone would sign a petition to TOYOTA- the Lou Dobbs sponsor (copy to CNN) stating in no uncertain terms our displeasure with their relationship to a hate monger, and threatening a boycott- believe me it would make waves.

    BUT: How many will sign with their real names? How many will sign at all?

    we have been traditionally fearful and resistant to stepping out of the shadows. the question is - after a successful campaign that helped bring USCIS to it's knees, has something fundamental changed in enough of us?

    IF so, then there is hope for an idea like this.



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  • ubetman
    08-05 08:50 AM
    guyz,

    Did I make sense in my previous post...suggestions plz...thanks...





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  • GCScrewed
    08-22 11:58 AM
    Hi I have quick question about converting. If the employer withdrew approved I-140 (after 180 days have passed since I-485 has filed), can one still port the original priority date? Thanks so much!



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  • sledge_hammer
    12-03 04:59 PM
    Per the exerpt below, the spouse and children of a legal alien are eligible for benefits, and it will NOT effect the GC process of the primary applicant -

    http://www.uscis.gov/files/article/public_cqa.pdf

    Q21: If a member of an alien's family is receiving or has received public benefits, but the individual alien hasn’t, will INS or State hold this against the alien for public charge purposes?

    A21: In most cases, no. As a general rule, receipt of benefits by a member of an alien’s family is not attributed to the alien who is applying to INS or State for admission or to INS for adjustment of status to determine whether he or she is likely to become a public charge. The only time this general rule would not apply would be if the family were reliant on their family member’s cash public benefits as its sole means of support.
    In particular, alien parents do not have to worry that the INS or State will consider them to be public charges if they enroll their children in programs for which they are eligible, unless these are cash programs which provide the sole financial support for the family. This is true whether the children are U.S. citizens or non-citizens.
    If a parent enrolls in TANF for cash benefits for the “child only,” this could be used by INS or State for a public charge determination concerning the parent if this cash is the sole support for the family. However, if there are other sources of support or a parent is working, then the cash assistance would not represent the family's sole source of support.





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  • ivjobs
    11-10 10:02 AM
    Couple of polls have been started in the entrepreneurship group. Please follow the below link to participate

    http://finance.groups.yahoo.com/group/ivstartup/polls



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  • a_yaja
    01-13 11:51 AM
    Sure, I will try to do that. But the lawyer has a mind of his own, a very adamant one who would not listen to anyones suggestions. Also, I am racing against time. I have very little time to get new EVLs and have my lawyer submit them. Thanks for the suggestion.

    Did your exp. letter have the number of hours (40hrs/ week) mentioned? I had an RFE for my I-140 as well (one of the points in the RFE was for exp.) . The exp. letters I submitted did not mention 40 hrs/ week. I got the letters reissued with 40 hrs/ week and that cleared the RFE. The RFE clearly mentioned that the exp. letter did not specify the number of hours worked per week.

    Make sure that the exp. letters match the requirements and your experience in the the approved Labor Certification - if all the requirements do not match, that could be a reason for the RFE as well.





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  • peer123
    04-17 09:35 AM
    In case of NOC codes you can only try to make sure you have same / similar duties , In case of parent labor you can see your Job code but not the new one. This is what i think , try to make justification on Job duties ...

    my duties are very much similar and new employer is ready to give the AC21 letter as per my original labor job duties. would that be OK.



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  • David C
    August 8th, 2005, 10:43 PM
    A good technique idea - sort of a customisable ND filter in result.
    This is also a bit of a strange co-incidence for me - in that I had just finished doing a couple of Quantum Mechanics thought experiments using the idea of crossed linear polarizers combined with beam-splitters and then read this thread...





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  • gene77
    08-15 08:28 PM
    Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?

    I plan to do this but I am waiting for my EB2 I-140 to be approved. Please see below, I have attached some info I got from Mathew Oh's website. Did you say you applied for your I-140 only 1 month ago and it got approved already? I applied for my EB2 I-140 in Nov and still don't have any approvals.

    //NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    � This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    � However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    � According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
     Name of 485 applicant
     Name of I-140 petitioner (employer)
     I-485 Receipt Number
     "A" Number of the 485 applicant
     Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
     New I-140 to be inter-filed
     Statement requesting new I-140 be inter-filed with the pending I-485 application
    //





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  • GCard_Dream
    09-03 08:14 PM
    I think I know which memo you are talking about but I can't access it when I click on it because it is password protected. Is there a way you could just post the content of the memo here for those of us who can't access? It would be helpful.

    AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. (See http://www.aila.org/content/default.aspx?docid=24522)

    This information is being gathered for liaison purposes only in an attempt to identify and improve processing of cases covered by the February Aytes memo, and though the information will be provided to the USCIS for analysis, neither the AILA-USCIS Liaison Committee nor the USCIS will be contacting the attorney of record or the parties in direct response to information provided.

    If your client has an adjustment of status pending over one year and is currently subject to a backlog but was current under the June 2008 Visa Bulletin, we would like to hear from you. Please fill out the following survey.
    ------------------------------------------

    http://aila.org/RecentPosting/RecentPostingList.aspx





    priti8888
    01-08 03:55 PM
    Is there any relation between biometrics and the final green card approval time?

    I have got annecdotal info from several friends. With one exception (because of a name check process that has taken over two years!) most people receive the green card around three months after the biometrics.

    Is that the case?

    not true. You can be approved only if your PD is current.





    saileshdude
    03-23 09:41 AM
    I recently spoke to one of the murhty attorneys about this and they mentioned that if the delay is because of company issues then you can travel back on AP but however if the delay is because of some security check then it is best to wait for it.



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