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  • zimmy100
    03-25 10:58 AM
    TwinkleM ,

    Why I said great mistake filing I 485 in EB3 COZ,

    1) I have seen many people who has PD in 2006 has already received GC last year
    2) I read one of the forum ( I guess it is Murthy forum), it was a little advise that if you have an opportunity go for HIGH, in my case EB2 and file I 485, if in case it get rejected or so then they are suggesting to file EB3.
    3) History says after 2000 it self dates are current in 2 times one early 2000 and other one recently 2007. Look at the mass filing in 2007 and you can imagine same in early 2000.
    I have been seeing EB3 at 2001 from past 3 years, all I see is May 2001 to Nov 2001 (of course it went up for small time)

    And on different reply,
    Attorney said she will file porting when I get a chance to file I 485 under EB2. In this economy I do not know how long I can stick to the employer.

    Thanks,





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  • diptam
    08-06 12:13 PM
    Premium on 140 has nothing to do with expedition of 485. Later depends on Priority Dates , Visa Numbers , Name check results etc ... etc... If you get 140 approved on Premium then the only advantange is that you can Trigger AC21 to change your Job after 180 days of 485 filing WITH A PEACE OF MIND.

    Otherwise if your 140 is hanging and you invoke AC21 and by chance that 140 gets a rough RFE or gets denied for some reason your 485 will be denied immediatly and you are in deep waters.

    Has USCIS started premium processing of I-140 again ? Can you please send me the link ?
    What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ?

    let me know quick please..





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  • smuggymba
    10-05 03:25 PM
    excuse me. What wrong with this info. EB3 was/is badly suffering because of those illegals. Looks like ur the anti and the troll.

    Troll alert. This guy is trying taint eb3.





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  • uimv
    03-14 12:18 PM
    So what exactly is meant by this switching? How/What does it affect? Where or how you/company/USICS decide whether you are on H1 or EAD?
    Switch from H1 to EAD is done by filling out new I-9 form for EAD.



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  • hate_me
    03-17 01:39 PM
    I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.


    My wife and I did our medicals last July and applied for our I485. However, my wife was pregnant so the doctor decided to not do x-rays and some vaccinations and inform USCIS it should be done after the pregnancy.
    Now after we had the baby, do we have to wait for an RFE to come asking us for the missing part of the medical? Or can we be proactive and go complete the medicals and send it to USCIS?
    Our PD and RD are close to becoming current, so we may benefit if the second scenario is possible.





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  • wandmaker
    10-16 04:39 PM
    Though USCIS mistakenly has given you H1 approval till May 2011, you will be considered beyond the 6 yr limit and could be held accountable for unlawful presence. End of the day, its your responsibility to make sure you are on the safe side. I have seen a similar case sometime ago where USCIS issued an RFE and the beneficiary had to go through a lot of trouble to get things straightened out. If I were you, I would have your company file an extension considering Apr 2010 as H1 expiry by providing evidence of your first entry to the US on H1 and your current H1 approval notice and asking them for 3 yrs extension based on approved I-140.

    second that



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  • mohitb272
    03-19 03:05 PM
    There are several instances when a denial notice was sent, but the website continued to show the status as pending.

    So if a denial letter has been received, then the website status means nothing.

    Who would get the denial notice? The company or the attorney?
    My friend tells me that his company no longer hires that attorney so would it mean that my friend would never actually receive the denial letter.





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  • GCFROMOHIO
    05-04 11:03 PM
    Thank's a lot for the information.....



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  • sonu_Aug_2002
    07-13 11:39 AM
    EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.

    Please consult an attorney.

    yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?

    You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.

    Just want to get this right, for my own knowledge. Please clarify





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  • rkm
    08-16 10:00 AM
    Why dont you put a counter in the excel sheet based on the pending cases, will know how many people are in line to get approval.
    I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.

    I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t

    Link below:

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest



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  • WaldenPond
    02-05 12:36 AM
    Hello iptel,

    Thanks for the excellent suggestion. We are on top on this one. Keep it coming ....

    Thanks again,

    -WP





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  • kernel_flash
    02-14 08:37 AM
    Congratulations to all the winners!
    this was really exciting :)



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  • roseball
    03-08 07:24 PM
    Hi,
    My husband filed I485 in August 2007 and included me as derivative. I also hold H1B visa from January 2005. I entered US in H4 visa in 2001 and later converted to H1. My questions and concerns are will the immigration officer will dig into my employment history starting from Jan 2005 till now and ask for paystubs and w2 etc. I submitted 3 months paystubs along with I485 form. Is that just enough? I have sleepless nights nowadays. This is my situation. Employer A who got me H1B initially in 2005 could not get me a project continuously for about one year. So later I tranferred my H1 to another company B. Company B got me project and started working for company B after a long gap. Subsequently my H1 tranfer to company B was rejected during Feb 2007 due to some reason. Since I was in a project, company B again filed for another H1 transfer through it's another sister company C in March 2007. Got RFE and because of abondonment it was also rejected in October 2007. While I filed I485, I submitted 3 months paystubs of company C. My concern is will I be scrutinized by the immigration officer while processing my I485? Please experts, your suggestion and help is much appreciated.


    Looks like a very complicated issue....I hope you applied for a Change of Status to H4 when your H1 was denied in Oct 2007...But this might not be necessary as you have a pending AOS.....However, the AOS was filed assuming you were in H1, so it gets complicated as your H1 was denied....Consult a lawyer ASAP.....Incase you are considered out of status since Oct 2007 (I dont know if you are out-of-status), then you need to take some action ASAP so the 180 day rule doesnt apply to you...The reason why your H1 transfer was denied in Feb 2007/Oct 2007 is obvious, due to lack of employment history with Company A......I hope your husband is still on H1 status so you can convert to H4 and work on EAD...I would get a H4 stamp and re-enter the country asap on H-4....I am not trying to scare you but there are high chances that you will be called for an interview or a RFE will be issued....In that case, if you re-enter the country on H4, the immigration officer can only question your status from the latest date of re-entry to the RFE/Interview date.....There was a separate thread on this..You can search for it...





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  • martiansoldier
    08-20 03:17 PM
    If you applied for a change status (like H4 - H1) or change of employer (like H1 - H1) or extension of stay (like H4 extension or H1 extension), while in the US, the I-797 approval notice will have an I-94 card as long as you were not out of status prior to filing your application. However, if you were out of status, then you wouldn't get the I-94 along with your I-797 and you are still out of status. You will have to leave the country and get a visa stamped on your passport before entering the US again. If you have been out of status, there is always the risk of being denied a visa at the consulate.



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  • satishku_2000
    01-18 07:29 PM
    I log in every day to see whats happening with my I-140 , Mine filed in september and the processing date moved only 15 days in last month. It took 2.5 years to complete the labor and I think I am struck in I-140 here...

    Any one received I-140 approvals recently ? I just want to know what is your receipt date





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  • sanprabhu
    10-02 09:40 AM
    Don't go by the online status messages at all. They are meaningless and not connected to your real case status. I think the worker made a mistake in selecting the online case message when they adjudicated your application.

    Hi All

    Cheques were encashed for my and my wife's I-485, I-765, I-131 application.

    I have received the receipt numbers for all from the back of the cheques.

    When I access the receipt number for one of the I-765 Uscis shows the following update :

    On September 19, 2007, we received this I765 APPLICATION FOR EMPLOYMENT AUTHORIZATION and request that we waive the filing fee. We have waived the filing fee and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.


    What does waived the filling fee mean ?? why did they do that ?? Also if they waived the filling fee, why did USCIS encash the cheques ??

    Anybody in a similar situation ?



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  • shana04
    02-01 06:09 AM
    There is a seperate thread on this. Look it up.


    can some one point to the right thread. Thanks in advance





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  • kumar1
    03-18 11:49 AM
    I am EB3-India with PD July-2005. On 3/10/2009 USCIS issued an RFE. It is about job verification/continuation. USCIS wants my employer to verify that future job is still available.
    My paralegal said and I quote, USCIS is issuing this kind of RFE on almost every case. Present economic situation might be the main reason behind it.





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  • txh1b
    04-16 02:31 PM
    Other option is Try to get from University. They will have the copy for the sure.

    OP already did that and they seem to have purged it as per his first post.





    GCBoy786
    09-11 01:21 PM
    Did any one of you receive receipts matching above criteria. I-140 approved from NSC and 485 sent to NSC.

    Also respond if anyone is in the same boat as me waiting for receipts and matching above criteria.





    optimystic
    04-24 02:38 AM
    Please see my signature for details. Good luck to all of you.

    Congrats gccube !!

    I was following your posts. Your case profile is very similar to mine as can be seen in my signature (Actually my PD is couple of months earlier than yours !! But my RD at NSC is later than yours at TSC)
    I am hoping I will hear good news soon as well.



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