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  • theMan
    02-05 06:29 PM
    have to agree with eb3retro. I took the same route as well.





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  • wandmaker
    03-05 02:05 PM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.


    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    IV does not collect any identifiable information. The information is being requested is all about petitions that you had filed, which no way affects your privacy in my personal opinion. These information will help IV to slice and dice the data and present it to lawmakers when the need arises.

    It is up to you to contribute to these efforts with clean data. I would suggest you to get a paid consultation from an immigration attorney until you become comfortable with IV, people and its forum





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  • snathan
    02-07 08:50 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    I would like to know what is the risk if someone filed I-485...is it because he has two labor and I-140 or generic. I couldnt understand your point...?





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  • maddipati1
    11-20 07:02 PM
    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.


    hari,

    did your lawyer told you that u can go out of US while AP is still pending?

    Krishna is correct. read the I-131 instructions carefully.

    i am in the same boat. waiting for AP and trip planned with tight schedule.



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  • isedkeem
    12-04 03:53 PM
    Somebody needs to look at the issue of mismatch between increased H1-Bs and visa numbers for greencards. Otherwise the current green card backlog for some EB countries will only widen leading to untold suffering for people from many countries. Maybe they should have a new visa similar to H1 but which does not allow the holder to apply for a green card. The better solution is of course recapture of visa numbers. Simply increasing the H1-B quota will be quite detrimental.





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  • chantu
    06-30 10:19 AM
    Chantu, you did not understand my question. My question is not about where i should file NOW, but it's about where i filed LAST YEAR. it's about Question # 11.

    I am sorry about that.



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  • satyasaich
    06-11 04:23 PM
    Friend

    There is already another thread for this AND by the way july bulletin is not out yet, may be in the next 4 or 5 days

    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.





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  • GCSOON-Ihope
    10-31 03:51 PM
    From what I see on other forums, many people are reporting the same "phenomenon":
    new LUD yesterday with "old" message, and this is happening it seems at all CIS centers.
    Another one of those "mass" updates?:confused:



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  • uslegals
    11-11 01:45 PM
    I just read the instructions for E-filing of AP. This is what it says -

    Who is Not Eligible to e-File This Form:
    You are not eligible to electronically file this form if:

    You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.

    Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.

    Thanks !





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  • srt57
    02-14 06:21 PM
    In the RIR system EB2 was MS + 3 and BS+5.

    If BS+5 is still the norm in PERM...how come MS+0 is acceptable under PERM. Did they change the rule....I think this a loophole

    It isn't a loophole. That's how the PERM Jobzone/SVP system works.



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  • chansek
    07-22 02:08 AM
    rajeshiv, Thank you for your response. I mean, i used my personnel check (My Checking A/C with Chase) to pay the I-485, EAD and Advance Parole fees.

    Please let me know if this cause any problems.

    Thank you for all your help.





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  • desi3933
    03-30 11:00 AM
    ......

    (a) What will be the status of my wife and son after the 2 month period?
    (b) How will I be able to keep my wife and son in a legal status, after the 2 month period
    .....

    Congratulations on your permanent resident status (aka green card holder).

    1. Your spouse and child are NOT in H4 status anymore effective your I-485 approval date.
    2. Since they have filed for I-485, they are in valid AOS Pending status.
    3. They must use AP to re-enter USA


    _________________
    Not a legal advice.



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  • eb3retro
    07-11 05:16 PM
    Hello All,

    Just received in mail - 2 Year EAD card for me and my wife. Valid till July 2010. I have e-filed myself for both of us. Still waiting for AP docs.


    hi saint, nothing against you, i wonder what is the freakin logic USCIS uses to decide on 2 year EAD approval, here i am with pd not being current for atleast next 2-3 years (given the halt of eb3-I), 2nd ead extn, in my 8th year of h1b, i got a one year EAD extn, where as a eb2 person gets a 1 year validity...i only wish we can know whats going in the minds of these decision makers..





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  • sammyb
    05-02 09:54 AM
    Read this on recent news letter ...

    MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)

    seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...



    Hi,
    Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
    Thanks.

    Onto the issue:
    My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

    My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

    One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

    My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

    Thanks.



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  • sanprabhu
    07-17 05:51 PM
    Guys -

    Senator Cornyn is proposing an amendment to the DOD bill SA 2143. I am not able to read the text of this in Senate.org. We may have to start our campaign again for a permanent fix soon.

    NumbersUSA is reporting this in their website. Please we need to mobilize soon.





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  • boreal
    12-02 01:38 AM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?

    I think they are going by the RD. Not on PD. Mine is Aug 10 ND and July 2 RD (with Jan 06 PD) and we got an RFE couple of months back...so i guess now they are processing Sep ND/RD...



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  • Aah_GC
    06-19 07:42 AM
    Are you talking about I485? This document is mandatory - why don't you either ask your lawyer for a copy or call up USCIS and explain the case. I think there is an email address that folks here can share with you.

    Another option would be to send your Online status (from USCIS website), either way - I recommend you get your I485 receipt and then scan all your documents and email it to yourself for future use.


    My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.

    This is for an EAD Renewal.

    Is it ok if I don't send the I-485 Receipt copy ?

    -Bipin





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  • chanduv23
    09-16 02:54 PM
    Come on folks - look at the brave little children

    You can come to see these little soldiers rallying





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  • praveenmoluguri
    09-20 04:24 PM
    My 140 was received at TSC on 23 APR 2007. I also have an lud 08/05 which is a sunday.
    does anybody see a pattern.





    willigetagc
    08-15 08:41 AM
    May be not before but recently USCIS is doing what they were supposed to do, except the fact that they are really tied up with enormous amount of phone calls from our friends. :)


    If that is the case there is nothing to prevent them from taking the receiver off the hook. If they have a call center, people will call. They would be setup to handle a particular call volume. If the call volume goes beyond that then a Q will form and callers will wait longer for service.

    I don't think the people answering the calls are necessarily the same people who work on the cases.

    The rude behavior is nothing new for these guys. How many times have we heard how the visitor's and non-immi lines at the port-of-entry are treated.





    H1B-GC
    02-18 06:12 PM
    ragz4u and everyone-

    My 1st 3 yrs of H1B is gonna be completed this year.My DL is valid until 2009 issued by Santa Clara DMV in CA State.If i move to PA State or for that matter other state in US would DMV deny me a new Driver's License until my new H1B is extended for 3 more years??

    Pls. let me know your comments!!



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