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  • dsneyog
    11-30 10:49 PM
    Thank you. I have my package ready. I am thinking about including prepaid self addressed envelope so I can track the package. How do you do it? Just go to postoffice and get one from them? I always ship out packages using paypal and I was thinking about printing a shipping label for priority envelope. Not sure if I should do that.I have filed for and recieved AP twice so far. I have done both paper and e-filing and combinations. When I lawyer files, he e-files. When I do it - I paper file. I have done different combinations. First time, with 485 - lawyer filed both for me and wife. Next year, my company suddenly decided they dont want to pay the lawyer fee for the dependent AP/EAD - so I paper-filed for my wife while mine was e-filed. Next year - my company decided to pay for both and my lawyer did e-filed mine and paper-filed my wife's application (dont know why).

    Based on my experience (which is pretty extensive on both modes of filing as explained above for both AP and EAD) - I will always perfer paper filing. It has always been faster, easier and less hassle for me.

    It sounds counter-intuitive that paper-filing would be faster/easier than e-filing - but that is USCIS for you.





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  • VivekAhuja
    05-28 06:29 PM
    I keep reading about how immigrants are important and pay taxes and contribute to the economy so they should be given rights/important and all that. There was even a thread that said if GCs were given to EB based immigrants the housing problem could be solved because of this buying power. STOP IT.
    The US does not need you, you need the USA. No one put a gun to your head and told you to come to the USA, you chose. You need to follow the tax laws so roads and other sevices you come to this country for can be maintained. Your buying power is less than 1% of the US economy. The laws do NOT prohibit you from buying property here so you can buy a house without GC.
    So STOP trying to potray it like you are doing a favor to the USA. Be realistic and solve the real problems instead of trying to find loopholes of hw to get the US govt. to give you GCs.





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  • shimul99
    10-23 09:08 PM
    I received my EAD last month. But no AP yet. However, i received an email from my lawyer that.....my AP got rejected because the rejection letter is saying that I485 got approved that's why the I131 is rejected.....therefore, my lawyer is waiting for the I485 approval.....

    I don't know how to react. The online doesn't have any update about that yet.





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  • vempati
    09-12 05:53 PM
    Submitted on July 2 nd received by R. Mickels and case transfer to TSC.

    EB 2 PD Nov 2005
    I140 Approved May 2006
    EAD : Cards mailed on Sept 5th and Approved on Sept 10th
    FP Sept 24th



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  • kak1978
    09-24 10:50 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!

    What was your RFE about?





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  • gc_in_30_yrs
    11-29 01:53 PM
    :rolleyes: i am there with you now. i dive into the pool to do whatever i can in my powers to help us out of this mess.:rolleyes:

    i am in austin, pm me for my info.



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  • eadguru
    10-31 08:19 AM
    Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints





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  • wandmaker
    04-27 03:24 PM
    Hi all,

    I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?

    Thank you !

    pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
    under review - It may once be reviewed fully or partially before requesting for a visa number when available



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  • sc3
    08-28 02:46 PM
    That is exactly what I don't understand. How can they have new applications coming in with PD as old as 2001? I can understand if somebody have family outside US and their new born will be eligible to file with Older PD. But how many people have family outside India, not at all.

    Quite a lot of legal filers from 2001 had been stuck in BEC. They are now coming out to apply (in the poll you started there are about 2.5% of applicants with PD in 2001!!!) , others are people who substituted (both with buying and using old labors within their companies) their labor certificates last year -- so definitely we will still see some Pre2002 applications, but is it enough to derail the movement of EB3 for another year? That is not clear.





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  • hopelessGC
    04-28 11:45 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.

    In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.



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  • lskreddy
    10-10 02:03 PM
    Paranoia at its helm. There are things that protect you like AC-21 when you don't have a GC. You have a GC, move on to the client job..

    The only concern is if you had a contract signed with your consulting firm that you would not join your client for x number of years yada yada, so check your contract, if nothing is in there, you should be fine..





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  • Sakthisagar
    11-16 01:05 PM
    Rajeev was mentioning Sen Robert Menendez (D-N.J.), name for S.1085 bill. I called his office two times, I will make it a point I am calling him every week. Rajeev Please let us all know if you have any update that Sen.Menendez have plans for S.1085 along with Dream Act??



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  • Winner
    04-26 08:20 AM
    Troll Alert?





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  • simon03
    08-16 01:26 PM
    I am not an expert but this is my understanding:

    there is no requirement to work for the employer sponsoring your green card. Business requirements can change any day, and if your previous employer doesn't have a job for you...it shouldn't be a problem as long as
    1. you have a current job that is similar in duties
    2. your previous employer didn't withdraw I-140 and your I-140 was pending 180 days after filing I-485
    3. At the time of filing I-140, the job offer was bona-fide (non-frivolous). At the time of filing I-485 with other employer, the job you were employed in was similar and employer had bona-file permanent offer

    You can always send USCIS informing a change of employer (AC21), they wouldn't take back GC as long as you c



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  • nayekal
    02-17 01:02 PM
    Nayekal, Thanks for your response.

    What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.

    Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.

    Thanks...

    I can't answer this question.
    I believe you should talk to your lawyer about it.





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  • Dhundhun
    04-24 12:31 PM
    Hey god_bless_you,

    God gave me a RED DOT.

    Anyway, congrats again.

    Enjoy.



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  • Prashanthi
    08-21 01:54 PM
    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? What might have triggered this RFW? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
    __________________


    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.





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  • gmb
    03-10 12:35 AM
    You are not suppossed to submit the i-94 which you received along with 797. Submit only the POE i-94.

    It was told by Officer when i had a issue with the visa date not mentioned in the i-94 during re-entry.
    That's not TRUE. You are supposed to submit all your I-94s. Maybe, the officer meant the other half of I-94 card attached to your I-797 which is for your personal records. The actual I-94 attached to your I-797 (right half at the bottom) SHOULD BE returned along with the original I-94 to the airport authorities.





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  • InTheMoment
    05-17 06:17 PM
    Actually FP has nothing to do whatsoever with Name Check or when it is initiated. Name Check is a separate process that usually starts within a couple of weeks after you Notice Date. You can check when it is initiated with an Infopass or by talking to a service center IIO on the phone.





    eb2dec2005
    02-24 06:30 PM
    First speak to your employer if they
    a) sent a cancellation for H1B
    b) If they received any notice from USCIS/request for information or if they have any information about this
    c) Though it is not mandatory to file AC21 you can still file AC21 based on a consultation with an attorney.

    Most important thing is to know if your employer has informed USCIS about any updates or if the company has received any notification from them

    - good luck
    kris

    I spoke to my employer and he said they cancelled my H1B and not my GC. So i ma assuming my I140 was not revoked.

    thanks for your advice.





    bah9422
    08-12 04:31 PM
    tom and everyone,

    do you think the USCIS will not make the decision on the 2nd 140 until the appeal is processed. If thats the case then the 2nd 140 approval will take a long time.
    I'm also in the same situation and my lawyer refiled 140 in EB3 and he was suggesting to withdraw the appeal on the denied EB2-140. Last week I spoke to Rajeev Khanna and he also suggested the same.