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  • bharol
    07-11 04:38 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...


    What is LUD?




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  • ascetic
    04-30 11:49 AM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.




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  • Prashanthi
    10-20 04:54 PM
    Try to file for a change of status from H-1 to H-4, include the hospital records and letter from the employer that your wife is on maternity leave, see what happens. If that does not work then you can think of leaving for a visa, you will not be barred for 10 years as you have not accrued unlawful presence, this is only accrued if your I-94 expires or the USCIS determines that you are out of status. However, going outside the country is risky as you may not get a visa and may get stuck outside the country. I would try to do the COS first.




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  • nozerd
    01-20 11:51 AM
    Core team,
    Any progress on the core teams efforts to allow 485 filing for those with approved I 140's but whose PD is not current ?

    No need to elaborate. Just need to know if we are still working to get it in and what the chances are like.



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  • pa_arora
    02-10 06:32 PM
    The usage for Eb4(religious worker)+Eb5(investment) for 2008 was 3699.
    These two categories are undersubscribed so the real spill over impact is closer to 3699. (which might bump up Eb2 india by 1 month more than otherwise.)
    Good analysis.. but whatever it is - every drop counts. ;-)




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  • karanp25
    07-11 01:35 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.



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  • plassey
    08-29 12:32 PM
    Close this poll please.




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  • milind70
    08-07 09:28 PM
    Hi guys,

    How to determine to which service center we need to send our application packet? Is it based on the future job location described in the labor certificate or the present physical location of the applicant?

    Applying concurrent: 140/485

    present physical location(my present address) state comes under : TSC
    Future job location state comes under : NSC

    Confused...

    Thanks in advance

    It is based on where you live or what is your current address

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD



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  • desi3933
    03-02 10:37 AM
    Thanks SL & Lost in GC process,

    Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year

    One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's

    Thanks
    Senthil

    If you have approved I-140 and your PD is not current, your employer can seek 3 year extension for H-1B under section 104(c) of AC21. In this case, the H-1B petition must request three years, and also include a LCA covering such period of extension sought.


    ____________________
    Not a legal advice
    US citizen of Indian origin




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  • papajon
    06-18 07:13 PM
    Before answering something like this, you should know what you are answering.

    could you please explain?


    UPDATED my original post: also, im on my 7th yr extension and it will expire on FEB2010... will I have problems with my extension?



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  • sanjay
    02-23 10:35 PM
    As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

    AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

    Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.

    I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.




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  • gcdreamer05
    08-05 04:44 PM
    I know this is not a good question as there is no time frame for GC process?
    But please share your experience;
    How many years it could take to get GC if it is started with in Aug. 2008 for
    -EB2 category
    -EB3 category

    I am trying to understand the time (years) difference between two process.

    Thanks,
    Sanjeev.

    Instead of asking such questions, go ahead first and file something as soon as you can, because there are other people who are filing in EB1, 2,3, family based etc etc etc... while you are just posting....

    Always eb2 better than eb3, some of my friends who filed in 2002 eb3 have still not got GC, if you file in 2008 may be you will get it in 2015-2016... wow a long time.......



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  • shruthii_1210@yahoo.com
    09-30 12:07 PM
    Hi,
    I received my EAD recently ,I-140 got approved (separate filing) last year and 485 still pending (not reached 180 days so far).

    Now i have the following questions.

    1) If anything happens like layoff with my current employment , is it possible to use AC21 wihin 180 days of 485 filing may be with the similar new job?

    2) I have worked a for the past 5 years in this country, and how come bcz of my current company lays me out then my 485 will get affected?

    3) if it is not possible to use ac21 , can i join another company to apply for a new LC , I140 ,I485 again, if so i have only 1.5 years left .. is that okay ?

    4) I cannot get the LC copy also from my employer if at all i want ti use ac21?

    Advance Thanks for your replies ...

    Thanks
    karthik




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  • Green06
    10-15 11:35 AM
    DMV laws vary from State to State. When I lived in CA they gave me 5+ yrs of DL but In my home state of Minnesota DMV puts status chek date on the DL which is the date of the I94 expiration. They send a letter at home to show the proof of extension otherwise the DL will be cancelled. I am planning to get it extended by using EAD (i haven't received EAD yet and my H1b extension is being applied). I read on Murthy's site that using EAD for DMV pupose doesn't affect the H1b status.



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  • overhere
    07-18 11:08 AM
    I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.

    I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.

    hope you'll find one. good luck.




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  • calabor2001
    06-20 05:44 PM
    Its kinda sad, but I can relate with both the sides here. For folks who are stuck in the stupid AAP (NameCheck, Security Clearance) - the life is harsh - especially if you just came for a quick trip. I am dealing with it for the last 5.5 months and it hasn't been easy. Thankfully, we have a workaround.

    But yes, I do agree that missing a lifetime wedding of a sibling because you will get stuck for a few months is perhaps taking it too far. Now, I know folks who have/are doing this and they have valid reasons. We all have our own reasons and to each his /her own.

    If you can get Advance Parole then travel with it. If you cannot, then just be prepared for the long haul and prepare your company/client - lawyer and ensure there is a support system that will see through your obligations in States. US Govt. will eventually clear the Visa - the sibling may not necessarily marry again! :) Make your choice! Good Luck and do the right thing for you!!!



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  • mps
    08-03 10:39 AM
    the more important part of my question is...

    "using approved 140 from an EX-employer" and using that to a get 3 yr extension when doing a h1b transfer to a new employer (who has not in anyway started a new perm labor)

    H1B is always portable to new employer and if the basis of extension is pending GC application at any stage with other employer - thats perfectly fine.

    What you do is, get H1B transfer to new employer and start your PERM with them ASAP so that,

    either your PERM may be pending for more than a year before your H1B expires,

    OR

    you get new I-140 (if date current you get EAD if not you get another 3 year on H1B)



    - I have done it myself in H1 7th year with pending LC so my situation was worse than your

    Rule of thumb is GC for future employement so it does not matter which employer has pending application.




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  • eb3_nepa
    08-15 10:28 PM
    hi,
    where do we get to read the receipt number from the back of the check ?..i see so many ppl write that they cud get the receipt number from the back of the check and with that the cud track the fate of receipt notice.The back of my cleared check has so many numbers but they are all overlapping and unreadable.Do any1 else has the same issue?
    can any1 tell what is the window period b ween check clearance and recipt notice?
    Thanks.

    Hi,

    Did you issue just one check for all 485/EAD/AP or did you issue seperate checks. Further did you issue just one check for your family application as that may be why there are so many numbers at the back of the check.

    You should call USCIS to get all the receipt numbers.




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  • logiclife
    05-03 05:00 PM
    Sadly Immigration voice is giving importance to the � number of posts� rather than �number of valuable posts� .
    Some people are more interested to upgrade in their title by putting more number of comments, which will have no information.
    I request every one to understand that these are just somebody thoughts/comments some time they may be correct and some times
    they are just garbage.

    Janakp Can you tell us how many valuable posts you posted in here.

    IV doest evaluate posts of members or give more or less importance to quantity or quality of posts.

    The software we use for forums (Joomla) is preconfigured to make a person "Senior member" when he/she posts 100 messages.

    IV core group or leadership doesnt have any interest in rating the quantity or quality of any posts from any members.




    needhelp!
    02-09 06:48 PM
    That's a good one :)
    bump




    raysaikat
    04-17 12:46 AM
    Here's our situation:

    Both of our GC applications were filed in EB3 categories, by our individual employers, independent of each other.

    My priority date is Apr 2002. My 140 is approved and 485 was filed in 2007 and is currently pending.

    My husband's 140 is also approved and 485 was filed back in 2005. His priority date is Sep 2003.

    Is there any way now to link both our applications, so he can take advantage of my earlier priority date without him having to withdraw his 485 application?

    Here is what I understand, but make sure you seek professional opinion before making any move.

    He can simply submit another I-485 as the derivative of your application. Of course that can only happen when your PD becomes current. He does not have to withdraw his own application. If he gets GC as your derivative, his other I-485 will automatically become invalid.



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