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  • hopelessGC
    04-28 12:02 PM
    I found this information (probably posted before already), which could explain a little more about USCIS "pre-adjudication" procedures. It definitely provides a glimmer of hope and peace for those stuck in retrogression.

    Please follow this link: http://www.visanow.com/VisaNowVoice/1108_Voice.html

    I am posting information form this article that might interest the readers:


    The DOS has now provided some clarification of the procedures that are to be completed by the adjudicating officer once a Form I-485 application has been �finalized,� meaning that all required processing and security checks have cleared. The adjudicating officer submits a �request for visa authorization� using the Immigrant Visa Allocation and Management System Web (IVAMSWEB) system. This system verifies whether the applicant�s priority date is within the applicable cutoff date for that month�s Visa Bulletin. The case is then assigned one of three statuses:

    1. Authorized: the underlying priority date has been confirmed as current and the I-485 application should be immediately approved;
    2. Duplicate: the A number associated with the application has already been authorized; or
    3. Pending Demand: the priority date is not current, i.e., not within the cutoff date printed in that month�s bulletin.

    Due to the retrogression of priority dates subsequent to the creation of the vast I-485 backlog, a great number of cases within that backlog are in Pending Demand status. More will be placed in that category once all required pre-adjudication processing has been completed.

    According to the DOS, a Pending Demand case will be automatically authorized for an immigrant visa number once the underlying priority date has become current. The entire category is screened twice each month for visa number availability. If the priority date for a case is later found to be current, an immigrant visa number will be authorized for that case.



    Based on the information quoted above, if your I-485 application is in "Pending Demand" status, then it is will be automatically authorized once a visa number is available for your priority date :D





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  • gc_samba
    07-17 04:44 PM
    Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.

    As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.

    Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".





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  • stirfries
    03-21 06:16 PM
    Hi Stirfries

    I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

    Thanks for your response, there might be light at the end of the tunnel..!!!

    I hear ya !!! End of the day, you alone is responsible for your action !!! :) I know how difficult it is, when you get different information from different people !

    In my case, whatever information that I am giving you, is not based on hearsay. It's actually my personal experience. My spouse was supposed to leave the country in November 2009 and I got in touch with my Immigration attorney and this what he had to say...


    Dear XXXXX -

    1. The USCIS will take approximately 75 days to process the AP document. He/She must be present in the US when the AP document is filed. He/She can travel internationally while his/her AP extension is pending.

    Ofcouse with the caveat that, that the person who is travelling internationally cannot enter into USA without a valid AP document. In our case, my spouse applied for her AP extension while in the country, and then she left the country. I received the approval sometime on December, 2009 and I mailed her the AP document and using the AP document that I mailed, she re-entered the country.

    Ofcourse, you can say, I got lucky !!! May be, what I did was against the rules...May be, my attorney is an idiot and didn't know what he was talking about !!! :)

    Like I said, End of the day, you would have to make an informed decision coz you alone is responsible for your actions !!! I hope this information helps you make the right & safe decision !!!

    Good Luck !!!





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  • painful_GC
    03-10 07:59 PM
    Hi many thanks again..how long does it take in total for COS from H1B to L1B ?? and then to get an EAD ??



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  • LloydsApple
    11-11 06:04 PM
    that's what I thought but she has dealt with a lot of bs with all this paperwork so it is nice to have additional insight to ease traveling worries. Thanks!





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  • little_willy
    08-15 11:46 PM
    Sent you a PM. Please check. Thanks.

    Folks,

    Majority of the PA folks are voting "will not attend " or " may be". Also i personally called a few friends to urge them to attend the rally but the feedback is very poor. Please folks what is the problem, try to make the effort to do this. This may be our last chance to encourage congress to do something to help our cause. If we miss this then nothing is likely to happen in 2008 as it is a election year and nobody will dare touch immigration and in 2009 when a new president is elected immigration will not be a top priority for the new administration. What more suffering you need to take some action. You are doing this not for somebody else but for "YOU". IV core is expecting 10,000 members/Legal EB immigrants to attend, but now it seems its tough to achieve. Please take this opportunity to help ourselves , nobody else will fight for our cause. I request/urge every one affected by this broken immigration system to act now before its too late.

    This is my personal view , please ignore if you feel its not right.



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  • Aah_GC
    10-24 07:53 PM
    Thanks to all of your replies. Much appreciated.

    I think you would have to fill out W7 to apply for ITIN. So, should I get my father to sign on the form right away?





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  • kirupa
    10-05 09:00 PM
    I stickied it - I'm not sure how the rules work in Battle though, so maybe it isn't meant to be stickied. If it gets unstickied, I'm sure I broke some rule :)



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  • sonu_Aug_2002
    03-09 09:55 PM
    I am planning to visit India next week. I have the I-94 which was given to me when I entered USA last time. In the mean time, I also have I-94 attached on the approved I-797 due to 6,7 and 8th year extension. My question is

    When I check in at the airlines counter do I have to only submit the I-94 that was given to me at the port entry ?

    or

    all the I-94 that is attached to my I-797 approval notices.

    Thanks





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  • newuser
    05-14 10:26 AM
    If your PD is in May'06 or early Jun'06, I think paying a visit to USCIS center won't hurt. Checking online status is a waste of time. At least you'll know what's going on with it. The IO I went to was very nice lady and gave me all the details. I thought that there would a line of GC aspirants like me :) waiting in USCIS center (in bay area) but to my surprise it was empty! Hope this helps

    Did you make an appointment?



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  • a_yaja
    04-05 12:09 PM
    3. If new employer gives me the option to move permanently to its subsidiary in another country, what are the available option for me to continue with green card processing?

    You can convert your I-485 to Consular Processing (CP) and keep your GC process going. Since GC is for a future job, you can work this out with your employer. Basically, your employer has to support you so that when you are called for the consular interview, you need to be able to show documentary evidence that you will be moving back to the US and joining the same job at or above the advertised wage once your GC is approved.



    Are you sure AC21 is valid for Consular Processing? AFAIK, AC21 applies only to AOS applications. See Murthy's note on CP vs AOS @ http://www.murthy.com/news/UDaosvcp.html

    Also, if you move outside of the country permanently, why would one want to pursue GC option? GC is only for people who want to stay in the US permanently. After getting the GC, there are other conditions you need to meet to maintain your GC status - one of them is to have the US as your country of residence.





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  • pkak
    04-27 04:00 PM
    I have still 7 months left over on my 6 year term and they have asked for 3 year extension based on the approved I-140.I'm talking to my company right now and will talk to the lawyer once they receive the denial reason which they should get in 2 -3 days.But my company is ready to appeal.Keeping all this in view if they file for an appeal for what ever reason and based on my visa expirt date which is on 31'Mar 2009 how long will I get to stay and work legally to hear the answer for the appeal??

    H1B extension can be aplied only 180 days before expiry of current H1B



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  • simon03
    07-14 01:11 PM
    My company attorney is not of much help. He claims given that USCIS has issued Receipt, and has not yet rejected the application, we may be ok...

    For me, the risk is that USCIS rejects the application after sitting on it for 2 months...My EAD is expiring mid of Aug, and I will have to start again, and will have to be on unpaid leave.

    Has anybody in the forum applied for EAD renewal and whose I-485 filing date is between August 1, 2007 and August 17, 2007 ?





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  • mhtanim
    06-08 02:44 PM
    Wow...another LUD today. So far this is what happened: after sending RFE response, I got 1st LUD on 06/02/2009 with message change.

    Soft LUDs on: 06/03/2009, 06/04/2009, 06/05/2009, 06/08/2009

    My PD is not current and my application cannot be approved at this time. Not sure why I am getting so many LUDs.



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  • eb3retro
    03-17 11:07 AM
    Just contributed $100.00. Will contribute more in Future...!


    thanks to all the people who made this happen and special thanks to the team who went to Washington for our cause.





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  • bombaysardar
    07-17 10:22 PM
    If you look at the rules closely on the website, pregnant women are exempted from taking shots. The medical tests should not be a problem.



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  • vinnysuru
    03-30 12:26 AM
    You can't come back on expired visa if you applied for a new visa in Canada if the request for new visa is denied. To come back on expired visa you will be using automatic visa revalidation and according to 2002 AVR memo, AVR applies only for Canada or Mexico if you visit for less than 30 days, haven't applied for a new visa stamp at a consulate abroad and are still eligible to be admitted in the status.

    If you apply for visa and get denied, you can go back to home country and reapply or enter on AP if you have it. And entry on AP is not an admittance to US, it is only being paroled into US.





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  • tb2904
    12-21 07:47 PM
    1. Fly directly to your home country - No transit visa required and no valid US visa required

    2. Fly via any other country - No transit visa required as long as you are not stranded in airport due to delay in first leg of the flight. Also, to board a plane to Europe you have to have a valid US visa. Please read my above post for the past expereinces.





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  • looivy
    09-02 02:56 PM
    What options do I press to reach the customer service rep?
    Thanks.

    Sorry for starting a thread because I could not locate the info.

    How do I reach a customer service rep at USCIS toll free number to create an SR. What options do I select to reach the customer service rep?

    Thanks.

    Sorry for posting this thread. I could not locate the information on the forum.

    What options do I select to talk to customer service rep?

    Thanks.





    lelica32
    04-16 12:56 PM
    Is it B1 or B2 visa ?

    Even with a B visa you cannot work without permision from DHS.





    sk.aggarwal
    03-25 01:52 PM
    I filed on first week of feb. My 6 yrs with recapture ends in april 2011. Is it possible to go out of country some time in june 2010 and recapture more time ?

    As per my attorney yes, it is possible. I am in same boat. Waiting for the PWD to come will plan how much time I need to be out of country based on that