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  • eb3stuck
    09-22 07:20 PM
    Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

    We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


    I think this is still in USICS control to allow I485 to file even if priority date is not current.




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  • ramus
    08-15 12:07 PM
    Great.. please contribute to DC rally in anyway you can.


    I thought this will give some hope to you.

    Mine reached USCIS on July-3rd around 6:00am. All 6 (2x485, 2xAP, 2xEAD) checks were cached today.

    Hope yours on the way too...




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  • andy garcia
    07-30 02:54 PM
    but we do get the original FP notice , right?

    That is correct. I meant Lawyers get copies. we get the originals.




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  • bharad
    05-07 12:10 PM
    Me and my wife's 485 applications received a soft LUD on 04/30/2009 and 05/01/2009 for two consecutive days.



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  • teddy the dog
    07-21 11:58 AM
    I heard gossip that the USCIS agentssss (4 s because a lot of agentssss) specially delivered the GC document to his house. That is why our receipt and backlog still not clear (they too busy).;) But don't worry they know IV will protest this discrimination, so they will work really hard to help us too.:D




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  • gclongwaytogo
    10-24 09:47 AM
    :o:)



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  • manand24
    09-28 08:02 AM
    EAD - Card production ordered for me and my wife on 09/27/2007.

    See signature for details:

    PD 04/2006 EB2 INDIA
    I-140 NSC AP 10/2006
    SELF:
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
    BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 9:00AM
    WIFE
    I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/17/2007 via USPS Mail at home
    I-131 (Travel Document) NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC (LIN-XXX) on 09/18/2007 via USPS Mail at Lawyer's office
    I-765 (EAD) NSC RD 07/02/07 ND 09/10/2007; Card production ordered on 09/27/2007
    BioMetrics Appointment - ND - 09/18/07, Appointment Date 10/05/07 8:00AM




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  • rajuram
    05-06 11:17 PM
    I am a jul 2007 filer, EB3 India, Priority Date 4/2002.

    Around 10 days ago, I got a soft lud for the first time on my 485!!! Since my PD is not current, why would LUD change? Does it mean that they are looking at it?



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  • stirfries
    12-02 01:27 PM
    Thanks SS777 !!!

    I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !

    But at the same time, I wouldn't want to sit idle, just hoping !!! :)

    I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!

    Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...

    The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.

    Cancelling my Tickets is the last option that I have in my mind !!!

    The things that we have to go through to get a GC !!!! :)

    My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".

    At least, now I don't have to think about postponing my Tickets !!!

    Hope it works out for all you folks !!!

    Good Luck !!!

    Thanks,




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  • hitch
    07-13 07:37 PM
    Hi Dear ,
    I got an ofer from boeing I saw expert comments on this forums,I appreciate if u guys help me out in this matter .I recieved an offer letter from Boeing but when HR asked me about the Export control status then she told me to have a GC or Citizen for clearence infact the position for which i got an offer letter was in comercial planes and it has nothing to do with security infact no security clrence (Exempt) is required.
    could you please let me that is there any chance i can move fwdand and tell the HR about my case again .please respond to this

    thx for ur help.

    Hitch



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  • chris
    12-31 04:04 PM
    Did the transfer notice say... we are transferring to speed up your case....?

    Yes. I got a letter from Texas service center saying, "To speedup the process we are transferring this case to Vermont ".

    Our cases transferred in March 2008.




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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.



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  • digmetalq
    08-21 04:27 AM
    Democracy gives votes for the citizens. You aren't even close to being one to even speak up. You are still an Alien. If you don't like it, feel free to be a citizen of the country that you are from.

    Just because you pay tax, no one is answerable from the government to you, forget an apology. Taxation has got nothing to do with your right to vote. Right to vote is what is important in a democracy so that if the majority of the people don't like what is happening, they can make the change happen by their vote when the time comes.

    Apology from USCIS???? For what? USCIS is just an agency. They do not even make the laws. They just process the applications as per the law.

    You are right about we are Aliens, you are right that we are not citizens of US and thus have no right to vote. You know why politicians ignore us, they know by the time we get our GC and then our Citizenship we all will be long dead.




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  • immigrationvoice1
    03-20 12:26 PM
    Thanks walking_dude in explaining it so well. So, there will be major changes other than the Prez elections this year and next. Lets remain hopeful...:)

    There are 35 Senate seats up for election in November along with the post of President. That is 35% of 100 seat Senate. It will be a different Senate as Dems are projected to win many of these seats and Repubs are projected to lose them. As things stand, now GOP [Republicans] are strategizing how to prevent Democrats from getting filibuster-proof 60 seat majority in the Senate. Even if they (dems) don't get 60 seats [ lets say they are 2-3 seats short] they can easily provide incentives for 2-3 Republican Senators to cross-over and vote with them [ much easier than getting 9-10 like now!]. That way, it will be a different Senate.


    http://www.electoral-vote.com/evp2008/Senate/senate_races.html

    And the whole of House of Representatives [ which has 2 years term] is up for election too [ last election was in 2006]. It's true that all media attention is focussed on Presidential election. But there are also going to be major changes in the House as well as the Senate.

    I agree with you on one point. Definitely Lobbying will be needed to be done after the elections. Its the only way to attach IVs provisions to some other bill and getting it passed. There's no other way to get them passed.



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  • willwin
    07-09 08:24 AM
    I am starting this thread to see if IV can help CP (consular processing) filers (who are already in the US) who are the worst affected due to retrogression.

    Issues:

    1. CP filers do not have any interim benefits like EAD, AP, AC21 provision.
    2. CP filers lose their GC application if the employer closes down business and they have to start all over from scratch (after finding a sponsor).
    3. CP filers are the ones actually stuck with the same employer due to not having EAD.
    4. Most CP filers would not have got the income tax rebate ($600 per individual and $300 per child) if they had filed return jointly with their spouse and if the spouse was not working. This is just insane.

    As we are losing sight of, the only rescue for CP filers, recapturing bill - the only other option will be to enable CP filers to file for 485 even if their PD is not current. I am assuming this does not need a change to the legislation and can be done by DOS/USCIS. I may be wrong. Otherwise, CP filers especially EB3 India with PD 2002/2003 have high risks if they have to lose their current GC application, which I think is quite unfair.

    I know, even IV hardly cares for CP filers as there is not even a provision to enter CP details in the tracker, however, just wanted to try our luck.

    If IV thinks this is too much for the asking, feel free to delete this thread.

    If anyone can't resist the urge to ask us, why the heck did you file for CP, well, nobody would have anticipated this plight and above all CP is not illegal!




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  • chanduv23
    07-11 11:45 AM
    Hi Folks,
    I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.

    I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.

    I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.

    Please advise/suggest...

    Thanks.

    Moderator: apologies for cross-posting but I needed an answer soon.

    I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.



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  • hpandey
    03-22 02:50 PM
    Did your new H1 come with an I-94 attached at the bottom or not ? If not then it means that you have to go out of US and get the H1 visa stamped. Also it means that you are still out of status since you do not have a valid I-94.

    Yes potentially as per law you could be barred entry to US for 3 years but sometimes if you do everything legally the CBP officers overlook that. It all depends at the officer at the consulate for stamping and then at the port of entry.

    You can hope to be lucky but what your lawyer says is correct.

    Best of luck.

    I am not a lawyer so your lawyer's advise would be best.




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  • qualified_trash
    11-14 08:01 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    as it is clear from this post of yours, and reading your first post again, your LC conversion from regular LC to a RIR LC was rejected. does not mean your LC has been rejected and it definitely means that you do retain your PD.

    while it is certainly painful for you, it definitely is not as bad as our reaction to your first post made it out to be...... so hang in there!!




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  • gcseeker28
    08-12 02:27 PM
    So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
    Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
    I asked few questions to the new lawyer:
    Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
    Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
    Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
    What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.

    Gurus,
    Did anybody face the similar issues as I am facing. If so, please throw light on it.
    For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
    This time I am submitting all the proof.
    Did anybody get the approval after filing for MTR.

    Thanks!




    WeShallOvercome
    07-30 02:17 PM
    How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.


    Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.



    Gurus, if someone knows such please reply.

    Thanks
    Saurav


    For a future job, you are supposed to work for the sponsoring employer for a few months after you get your GC. Don't have to start right after your approval but as soon as you can... the definition of 'a few months' is also open for interpretations.




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