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  • a1b2c3
    08-04 06:10 PM
    In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.

    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!




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  • srini1976
    07-17 10:59 AM
    Please change the title of the thread.
    It is misleading.




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  • godspeed
    08-20 09:50 PM
    Totally agree on the information front.
    Our stress levels will be in control if everyone of us knows their case status.

    I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.




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  • bibs
    05-09 06:09 PM
    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.



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  • stuckinretro
    09-04 10:52 AM
    This is confusing. What is the source of this post?

    1). It says there can be another 485 that can be filed for the new EB2 labor. Looks like a safer option.

    2). It also says the dates have to be current to interfile. Needs lot of clarification to this post.



    This is what I found in another thread:
    "06/02/2007: NSC Procedure of Transfer of Pending I-1485 From Current Approved Underlying I-140 Petition to New I-140 Petition
    • This posting involves aliens who are waiting for the I-485 applications where the underlying I-140 petition was approved but due to retrogression, I-485 cannot be approved. Most of these cases are EB-3 cases. When the same alien obtains an EB-2 labor certification approval through the same employer or a different employer and the visa number is available for the EB-2 for him or her, he should be eligible for filing another I-485 application based on the visa number available EB-2 I-140 petition. This can be achieved either by concurrent I-140/I-485 filing or if the new EB-2 I-140 has already been approved, by filing of stand-alone I-485 application.
    • However, in the foregoing situation, the Pearson Memo of 2000 allows the alien to transfer the pending I-485 application from the existing underlying approved I-140 petition to a new EB-2 I-140 petition such that the alien does not have to file another I-485 application to use the second I-140 petition. For this to happen, two conditions must be met: (1) The existing underlying I-140 petition (most likely EB-3) must have been approved before the I-485 transfer is requested. (2) Secondly, the visa number must be "current" for the new I-140 petition (most likely EB-2) before the I-485 transfer is requested. Inasmuch as the visa number is current, the pending I-485 application that suffer from the visa number retrogression can be transferred to the nex I-140 petition.
    • According to the Nebraska Service Center, people should take the following procedure to request such transfer of pending I-485 application from one I-140 petition to another I-140 petition:
    o Request for Transfer of Pending I-485 Application to a Newly Filed I-140 Petition That Has Visa Number Current: In this situation, he/she is filing a new I-140 petition (probably EB-2 with visa number "current") with the agency to transfer the pending I-485 application and attach it to the new I-140 petition. The NSC states that if he/she files such new I-140 petition, he/she should use "large, bold print in the cover letter or with a separate, brightly colored cover page and notation 'Inter-file I-140 with Pending I-485' and include the Receipt/File Number of Pending I-485 Application, both on the Envelope and Cover Letter.
    o Request for Transfer of Pending I-485 Application to Already Approved New I-140 (most likely EB-2 category): NSC asks to print the attached over sheet on brightly colored paper, and submitting it with a cover letter providing the following Information:
    Name of 485 applicant
    Name of I-140 petitioner (employer)
    I-485 Receipt Number
    "A" Number of the 485 applicant
    Prior I-140 petition (1) Receipt Number, (2) Filing Date, and (3) Approval Date
    New I-140 to be inter-filed
    Statement requesting new I-140 be inter-filed with the pending I-485 application.




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  • conchshell
    04-24 08:22 AM
    Breaking news on http://www.immigration-law.com :

    04/24/2008: House Judiciary Immigration Subcommittee Hearing Today at 2:00 p.m. on "Wasted Visas, Growing Backlogs"

    * This is the first in a series of hearings on immigration reforms which the House is scheduled to hear hereon. For the list of witnesses and the testimonies, please stay tuned to this website.

    Does anyone has more insight to this. What we at IV can contribute to this hearing?

    This is the official link on the website:
    http://judiciary.house.gov/oversight.aspx?ID=435



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  • paskal
    09-11 05:31 PM
    i ordered friday night
    used standard shipping instead of regular (pain <2 bucks more for 3 items)
    next b day ie monday am it was shipped ups ground
    now in ups transit for delivery tomorrow

    pretty fast!




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  • kumhyd2
    07-22 02:25 PM
    Think before you post. People look into the threads based on the heading and your post which is irrelavant to the original post doesn't make any sense. May be look for the appropriate thread and post in there.

    I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.



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  • mlkedave
    03-06 06:37 PM
    o and paddy why isn't klabboration in kirupa lab?




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  • saran4
    03-03 09:58 PM
    hi ,

    Since i dont have answer from them so posted here.... Moreover it may help some other person in future.... about the complexities....



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  • harish
    08-16 09:50 AM
    Please update on who received their FP notices:


    Application was mailed on 06/25/07 to NSC, but my case got transfered to TSC. My receipt number begins with SRC....

    485 RD: 06/26/2007
    485 ND: 08/06/2007

    FP ND: Waiting..........
    FP Date: Waiting.........




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  • jediknight
    10-23 12:57 PM
    I am surprised that this was not the law before but considering the current Immigration laws, I should not have been :-(



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  • crazydesi
    09-03 07:57 PM
    It helps for the older PD's who were stuck in name check for many years.

    They are collecting this for New visa # which are going to come in Oct.

    So it does help them in identifying the cases with old pd's and solve the puzzle of why they are not being approved. Based on this number of cases they might move the visa dates accordingly.

    Guru's any insights.




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  • RSM1444
    04-04 02:05 PM
    Some body with priority date of Dec 2008 voted yes. It looks like some confusion.



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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:




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  • mheggade
    05-08 03:54 PM
    Call you Zoolander! :D
    Fashion models and nurses have one thing in common. Both professions are dominated by females. I think the Congress critters (mostly elderly males) are simply looking for new exotic foreign opportunities. Dates with Java programmers? Not so interesting, sorry! :p

    PS: my java coding is being a pain in the butt today.

    How do u know all congress critters are looking out for females? Have you not heard the story of the infamous Senator from Idaho :D



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  • gcformeornot
    05-21 04:30 PM
    ......




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  • gjoe
    01-04 11:47 AM
    NY DL will have your last date of legal residence (H1B expiry or I94 expiry) in big red fonts saying you are "temp visitor until ddMonYYYY. BUt your license will be valid for 5 yrs if it is you are applying for first time in NY state. If it is a NY state license renewal the license will renewed for the next 8 years. The only problem the bold , big and red font saying you are a temp visitor.




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  • abhisam
    07-09 11:59 AM
    How are you saying you will not get it before september 10? I am not sure is it really taking beyond 2 months nowadays to get the EAD?

    As per the processing dates, they are processing the applications recieved on March 17th,2008 at Nebraska.

    I am hoping that I will recieve my approval before September 10th, but incase i dont..what are my options?

    I know they approved many applications last month before the 30th june deadline but i guess they will go back to their slow procedures now.




    drirshad
    06-09 02:46 AM
    Some countries require transit visa like UK for even changing flight but going through Germany do not require such a visa for EAD holders, you should contact the local consulate for B-1 holders.

    Hope you have filed a Police report and got the pp based on it. Very sorry for your loss, wish you recover the stolen items before leaving for India.




    Karthikthiru
    07-21 05:39 PM
    The best thing to do in your case is to contact the local congress men or one of your Senator



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