Wednesday, June 8, 2011

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  • Christine Bleakley and Frank


  • GCD
    07-27 09:21 PM
    Me, Wife and I signed for Daughter on all applications(485(3)/EAD(2)/AP(3))
    We also sent signed G28 for everybody for every application( 8 total)
    It doesn't hurt to be over cautious.

    I hope we are fine.




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  • sirinme
    12-02 02:38 PM
    Not sure if I can make it in person, but I will contribute $100. This is on top of my monthly contribution.




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  • tabletpc
    11-30 12:41 PM
    Just occured to me..

    I am single now ..how does it work to add my spouse later..???

    1. Before approval ..??

    2. After approval..???

    does it also take years to add spouse (like US GC) if i marry after my PR gets approved..???

    Thans in advance...




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  • Christine Bleakley and Frank


  • enggr
    03-17 03:56 AM
    Friends,

    My I-140 got denied after the RFE response. In response to the RFE in September my lawyer responded to the RFE in November and the result came early this month (march 2008).
    In the RFE response in last November my lawyer told USCIS that the category was marked wrong as EB2 where the case should be actually under EB3.
    USCIS denied the application saying that application cannot be approved under EB2 and request for EB3 cannot be entertained at this point.

    The following are the words from USCIS denial notice.



    "The petitioner indicated that it had made an error in marking the petition form and that the petition should be considered one requesting the beneficiary's classification under a different section of law. However, since the petition was filed for second-preference classification and was initially adjudicated on that basis, USCIS will not at this stage consider it for some other classification.
    In accordance with a USCIS announcement dated on May 23, 2007, the petitioner may elect to file a new petition on the beneficiary's behalf requesting a different visa classification but supported by the instant labor certification.(A motion making this request would be denied.) If the petitioner elects to persue this option, it should include a cover letter which explains the request, include a copy of this denial notice, and clearly report that the original labor certification is with LIN XXXXXXXXXX housed in AXXXXXXXXX. "


    Also mine and my wife's I-485 got denied on the same day. In the denial notice of I-485 USCIS has mentioned that "The regulation does not provide for an appeal to this decision."

    We are planning to file a new labor certification by end of this month as the current one is 99% a gone case

    As you all know I was trying to save this application to save my wife's EAD.

    Please help me with one of the options below.

    Regarding my rejected I-140 I have two choices as per USCIS and my lawyer. Either of them should be filed 33 days from first week of march. Doing both of the below options at the same time will result in automatic rejection of both

    1) Appealing the decision
    Pros: My wife gets a chance to win her EAD back which is a big win for us
    Cons: USCIS has indicated in the rejection notice that they are rejecting the I-140 because it does not qualify for EB2. they added that our request for converting it into EB3 cannot be entertained at this moment of time. So chances of winning the appeal is small compared to filing new I-140 as per my lawyer

    2) Applying new EB3 I-140
    Pros: Chances of getting an approval under this new EB3 I-140 is more compared to appealing the old EB2 application (the old application also includes and the request to convert EB2 into EB3)
    Cons: Definite loss of my wife's EAD. Also since the labor is on Aug 2006 they have a common expiration date of Jan 2008. All labors from June 2007 (somewhere around that time) expire 6 months of the approval date and I-140 within that 6 months only will be considered for processing. Since we have passed the Jan 2008 period my lawyer is saying the new I-140 can also get rejected. the only argument we can place is, the processing time taken/length of old I-140 processing and the suggestion given on old I-140 denial notice dated march 1st week.

    I am wondering whether we can do an MTR (Motion to re-open on the old application). This option is not mentioned by USCIS or lawyer. I am wondering whether this option will eliminate the appeal/new I-140 application within 33 days previlege

    . My answer to my attorney regarding the next course of action depends on your advice(s) very much.

    Thanks in advance and I really appreciate who posted replies to my questions earlier.

    Enggr:

    Labor approved 2006 Aug EB2
    I-140 applied 2006 Nov EB2
    I-140 RFE 2007 Sep
    RFE response 2007 Nov
    I-140 denied 2008 Mar



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  • arnab221
    04-27 09:23 PM
    Most points are for joining the US Armed forces . I see where this is going .




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  • Christine Bleakley and Frank


  • satishku_2000
    02-21 02:34 PM
    In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...

    That sounds like a very good movement and unbeleivable...



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  • arunmohan
    05-07 02:39 PM
    Yes I have same questions as coolduggar asked. I know lots of people are using AC21 right now and I am on same boat too.




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  • GCFrenzy
    05-19 12:42 PM
    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....



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  • newuser
    05-14 07:48 PM
    There is a live debate going on CIR

    Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.




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  • psk79
    10-15 01:33 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.



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  • reddog
    06-11 03:23 PM
    The answer to your last question is Yes. Provided your prev employer does not file for a revocation of I140.
    I have read this same opinion from many other lawyers.

    Recent Murthy chat:
    Question: My I-140 just got approved. Do I need to wait for 6 months or any timeframe before I change jobs and use AC portability? Also, can the new company apply in EB2 category (earlier was EB3) without losing the priority date?

    Answer: AC21 portability is not an option until the I-485 has been filed and pending for at least 180 days. If the earlier I-140 petition is still valid, then a new employer can file a new LC and I-140 and request the transfer of the earlier PD from the earlier file.Jun-4-2007.




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  • royus77
    07-05 08:40 PM
    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.


    Getting I 140 approval through FOIA was talked a lot in the other thread . I didnt hear any body claiming they got through .

    one of my friend played a trick with the employer .he went to canada for stamping using his new H1B approval (H1B was approved for 3 years based on the I 140 stamp ) and call employer to send a fax from the embassy . he will do .



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  • rkm
    05-14 07:29 PM
    It was a quite surprise to me. Almost more than a year EB3 did not move for more than a month all of a sudden it moved 2 years..




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  • Frank Lampard and Christine


  • dealsnet
    07-24 12:44 PM
    If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.

    If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
    WHAT IS YOUR LAWYER'S OPINION ???
    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.



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  • Illuminae
    05-27 05:00 PM
    lmao... this is great. :beam:




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  • Christine Bleakley and Frank


  • ashkam
    01-09 11:53 AM
    What happens if one does not surrender the I-94 when travelling abroad?

    It means that on paper you never left the US. In the meantime if your I-94 expired, you would technically be out of status in the US.



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  • mbartosik
    05-30 01:25 PM
    I don't know if you can upgrade to premium processing, and I don't know if you are allowed to pay for premium rather than employer. But in your position I would try to do I140 premium processing.




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  • Christine Bleakley and Frank


  • morchu
    04-21 01:40 PM
    Wrong.
    H1B has nothing to do with an AOS. AOS has its own requirements, and having an H1B or even being "employed" at the time, is not a requirement for AOS.

    So "brick2006", theoreticaly can file for AOS, even when he is in H4.

    -Morchu

    ....To file AOS once PD is current, it is essential that one be in H1-B status.




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  • Christine Bleakley and Frank


  • sravani
    05-15 12:50 PM
    Is there already a poll like this for EB3?

    EB3 polls are here:

    http://immigrationvoice.org/forum/showthread.php?t=4440

    http://immigrationvoice.org/forum/showthread.php?t=4420




    anantken
    07-21 09:32 AM
    I am also having the same case... my PD is May 2006. I filed for I-485 in July 2007. Until today I haven't received the FP Notice.. Last yr I have received AP, EAD but no FP yet..

    Someone on this website mentioned that EAD Renewal should trigger FP notice. In June 2008 I have applied for EAD Renewal.. Online status shows that EAD card is in production. But Still no FP notice.

    I went to local office too.. They were of no help. They said that FP notice should initiate from USCIS Service Center.

    Also I have done 2 SRs.. 1st one was done in Nov 07. Still Nobody is assigned to my case.

    I dont know what to do now. my service center is TSC.




    sury
    11-15 02:59 PM
    -------------------
    Current Status: Document mailed to applicant.

    we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
    ------------------

    We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...



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