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  • GIC
    05-14 10:31 AM
    RD: 01/19/2007
    ND: 01/22/2007
    LUDs: None
    RFE: None
    Category: EB2
    Status: Pending




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  • ras
    05-24 12:17 PM
    EAD to H1 involves a status change that while being perfectly legal was just not envisioned policy wise as being a frequent occurrence.

    Accordingly, the efforts to get back into non-immigrant status from an immigrant status is unduly complicated.

    The reasons the conversion is complicated is because when you come back to H1B from EAD, you literally start from scratch, meaning you count against the cap and you also do not get a full 6 year term. In your case, if you switched back, you will have to wait for the cap to be available and you will get only 1.5 years unless you quailify otherwise for a full 6 year term. It is not enough that you were already in H1B because USCIS does not care about that. To them, you are going to a new status and that means you follow the rules for that just like anyone else.

    Also, since you went back from AOS, USCIS may ask for additional documentation to record the reasons you want to switch. This is supposed to be only for cases where there are legitimate reasons to switch, like your AOS application has been denied and in order to continue staying in the US and explore other options, you need to maintain legal status, etc..etc..

    Personally, I think the process is designed to be cumbersome in order to discourage people from doing it.

    Disclaimer: This is based on what I heard from my attorney in part and my own research. Use at your discretion...

    If anyone knows more or can confirm this, that would help...

    Thanks!

    --Karthik


    Do you have a basis that it has to be started from scratch. Why it needs to be started from scratch when there is still time on H1 say about 1.5 years?

    I think u need to start afresh a new one only if you are out of country for one year.

    Folks, if any one has done this please corraborate




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  • greencard_fever
    09-03 10:25 PM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    Well Said..we can help USCIS (Volunteer) to process our Application on time:D:D:D:D




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  • sanjeev_2004
    05-26 03:08 PM
    As for as my knowlege pending I140s wont be effected. Senior members can currect me if i am wrong.

    Thx.



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  • thakkarbhav
    09-15 12:49 PM
    Congrats...Book the ticket and fly to india to give big hug to your wife and son and motherland...




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  • kart2007
    10-17 01:16 PM
    Can someone also share the NSC fax number please?



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  • pappu
    12-15 03:17 PM
    My lawyer had the following lines on this issue:

    However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.

    It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
    :)
    whats your lawfirm's name..
    Your lawyer explains retrogression problems so nicely to his clients ,that clients feel previleged to be from retrogressed countries... and the long wait times is no big deal. Anyways lawyers will make money from periodic H1B extensions and GC fees




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  • chandrajp
    08-15 03:56 PM
    Did you use AC21? how long ago you applied for 485?

    Yes, I used. But I did not inform USCIS when I switched jobs. The problem happened with my old employer's employment. It did not give good description of my job duties. That is the reason IO asked for the latest employment letter. I sent latest employment letter and three latest pay stubs and I think attorney might have attached a covering letter. After USCIS received on 06/19, I got approved on 06/29 this year



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  • buvane
    09-10 07:32 PM
    extended review = "we got your money , now dont bother us"
    also means nothing is happening to your case!


    Thanks!!! This is exactly what they are doing...Other side of funny part do you have any clue on how to come out of this to get my case picked up??




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  • sundar99
    02-12 01:59 AM
    Folks,

    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices



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  • seaken75
    10-31 09:07 PM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!




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  • freeskier89
    01-02 02:29 AM
    Megaswf.com seems to work :)



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  • harrydr
    07-12 02:32 AM
    Situation:

    Currently working full time on H1-B with I-140 approved already with company A. Cannot file 485 due to retrogression.

    Want to work with company B part time,but need to file another H1-B part time.

    My question is:

    Will filling for a 2nd H1-B for comapny B (part time) without talking to the lawyer of Company A affect my first H1-B in anyway what so ever. Or are the 2 cases entirely separate and will not be linked by USCIS. Thanks in advance for assisting me on this situation.




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  • dealsnet
    01-14 08:45 AM
    Usually one week, if everything is fine.

    once the file has been assigned to an officer and the dates are current? I am just curious.

    Just the file being assigned to an officer does not mean adjudication soon.:)



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  • botol123
    10-17 09:08 PM
    The USCIS has returned the my entire package - I-140, I-485, I-131 and I-765 - to my lawyer by mistake.

    The package was received at the Nebraska Service Center on July 2nd received by J Barrett at 10:25 AM. Nebraska follows a policy of transferring a certain number of their cases to the Texas Service Center to help with the work. So mine went to Texas.

    Texas sent it back to my lawyer with a standard form letter telling us that we have to send it to the office that has proper jurisdiction, i.e. the Nebraska Service Center. The letter date shows 10/05/2007. The I-485, I-131, I-765 applications, and I-140 petition have notes with the dates July 2 and July 3 in them.




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  • dbevis
    October 12th, 2003, 07:20 PM
    Both of the following are about 500KB, so beforewarned...

    I put a smaller beetle macro into the front-page gallery area, but here's a couple others.

    1 Upclose and personal with a dandelion.

    http://www.gotodon.com/misc/dandelion.jpg

    2. The same lens, used conventionally for a landscape. I printed this out at 19x13 and it's going to get framed.

    http://www.gotodon.com/misc/holliday-ruins.jpg



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  • stevensjd
    04-28 11:59 AM
    My wife came at JFK airport on AP in AI flight BOM to NYC. she did not have any issue at all.
    She was on H1b until Aug 2008. After laid off she is on EAD and AP. She is not working since then.

    I was worried that they may ask couple of questions but it was very smooth.




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  • Appu
    09-11 01:10 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

    Ha! If that is so, how come their own friggin website shows a 6 month backlog:

    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska




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  • smangc
    06-10 12:58 PM
    SSbaruah, Yes the employer needs to give you return tickets to your home town.




    sanju
    10-09 05:07 PM
    Hi! there,

    Are you sure you talked to the Immigration Officer? The guys who pick-up the phone at USCIS are not Immigration Officers. They are working for the contracting company assigned to just handle the incoming calls. If you convince them for speaking to an Immigration Officer about a pressing issue, only then you get transferred to an Immigration Officer, that changes of this happening is 1 in 10.

    And the chance of the representative of the contracting company saying this is very high. Others on the forum have report much more weird experiences/replies.

    Could you please clarify if the call was actually transferred to an Immigration Officer who told you this?



    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!




    anilvt
    07-16 09:16 PM
    Hello All,

    I have a question....

    The current processing date for Texas Service centre is July 17, 2007
    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 17, 2007

    My receipt Date is July2nd2007 and current for EB2 PD March2007

    I had inccorrect fee issue but it got resolved and later got EAD/AP

    My case status show's wierd incorrect fees yet

    When can i raise a Service Request? August 19th

    RD + 30days

    I spoke with REP or IO( don't know dialled 1-800 16621 #SRC...#1 #3 #4

    She said your case looks fine
    I said " what next" she said your case would be assigned to an IO

    what do you guys think?

    Thanks for help



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