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  • StukAtBEC
    02-16 10:19 PM

    I need to invoke AC21 at the earliest. I have applied my 485 and I-140 concurrently on Aug 17th. It has just been over 183 days. My 140 is still pending. Due to some reasons, I have to leave my current employer immodestly.

    I know there has been lot of threads discussing about risks involved with using AC21 without approved 140. But I do not have an option at this point. My PD date is Nov-2004 and the way I-140 's are being processed, it is going take at least couple more months before I can expect my 140 approval.

    I have the following questions:
    1) I read in Aytes memo, that if it is over 180 days, they would check for evidence that the case is approval or would have been approval had it been adjudicated within 180 days. Now, if the USCIS sends an RFE for 140 after 180 days, would it still go to my old firm's attorney? If yes, then how would we handle this scenarrio...

    I work for a Big 5 Consulting firm and ability to pay should not be an issue. As far as my education is concerned, I have Bachelors in Computer Science Engineering from India and a MS in the same field in US...My experience matches the labor cert. requirements. What are the chance that I might get an RFE? I filed my application at TSC

    2) Also, if the 140 is approved, it would go to my old company's attorney..right? How would I get a copy of the same.

    3) If I invoke AC21 using my EAD and in the worst case scenario, if my 140 and 485 is rejected, can I then transfer my H1B to an other company (I still have some years left) or will that be a problem because I was not on H-1b at that time?

    Would it be treated as a new application where in I have to try to get into the quota or it would just be a normal H-1b transfer...

    Also, I'm looking for a good attorney to help me invoke AC21...Please advise!

    Gurus... please help me with your suggestions.

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  • thepaew
    11-09 03:37 PM

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  • sanjay
    05-21 07:30 PM
    July 2009
    July 2010
    July 2011
    July 2012...or

    By the way things are moving backwards, We will be awarded GC posthumously in a Rose Garden Ceremony by the President (who will be my son since he was born here and eligible to be come President. He will be contesting elections in 2060 under 'American Nava Nirman Sena' Ticket).

    Good comment BPforGC. Sad ( because even I find myself in same boat ) but a true prediction.

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  • fromnaija
    05-22 04:45 PM
    Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.

    Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

    With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
    1. based on pass marks?
    2. based on who has the highest number of points for each country
    3. Does the priority date come into plat at all?

    hope somebody has the answers for these questions.


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  • gcisadawg
    03-25 04:52 PM
    voted for vamsi's qn....

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  • anshulk77
    07-18 10:39 PM
    i filed my sub labor through a multinational muti million comapny through

    Labor applied date : july 12
    Receipt received today

    So you might get yours in a day or so , if not my lawyer said you could just send a letter with it
    Ask Your attorney Them know what to do.

    Good luck


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  • GCwaitforever
    08-15 11:04 AM
    The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.

    To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D

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  • aachoo
    09-17 01:11 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    The officer made a copy and returned the original to me the second time I travelled. But I had only 2 copies to begin with. Not sure how you have 3. They did'nt even ask me- I guess they are so used to it (I flew in to SFO)


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  • pandu_hawaldar
    10-05 12:47 PM
    I applied for AP for primary and secondary applicants on 09/17 at TSC (RD 09/24). Online update showed that AP for Primary applicant has been approved, but the secondary still shows under review. Today I received approved AP for the Primary applicant in mail, but nothing for secondary applicant yet. Why TSC is not approving both the APs at the same time? Last time, I got the both at the same time. Any idea or guidance please.....

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  • coopheal
    01-26 10:28 AM
    Good movement. Looks like USCIS going work.


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  • laksmi
    02-08 10:23 AM
    How much is the renal fee for EAD any idea is it $340 (like a new application or �..) please let us know.

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  • smiledentist
    10-26 11:33 AM
    keeping this question alive, please advice


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  • permfiling
    10-18 08:35 PM
    Thank you all for your replies.

    My attorney is in NY, he said he cannot come to CA for my interview.

    Can I take a local attorney just for the interview purpose?

    And we have a 1 year old kid, can we take kid to the interview?

    Hi GGC,
    Die your online status anytime show the following message ?

    On Oct 18, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our LINCOLN, NE location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant's/petitioner's criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators

    If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.

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  • aadimanav
    10-16 11:15 PM
    You are "legally" eligible to take any job or start your own business.

    Some good job search websites are:


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  • DDash
    10-27 10:18 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Why do you wish that Sun should rise in the west??? :eek:

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  • REDS
    07-20 08:28 AM
    I am facing the same situation .My PD is Sep 2003 and my I 140 is pending, recently filed 485 and on top of that i am unmarried, I am scared that my 485might get approved before i get married.


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  • jungalee43
    03-25 08:22 PM
    I have also written to Mr. Rajghatta explaining several facts. The draft is similar to one given by sertasheep

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  • ajcates
    10-12 07:41 PM
    I didn't provide fireworks templates…

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  • bkam
    02-14 03:19 AM

    That has not been our experience so far. A number of us have heard back from lawmakers to the WebFaxes that we have sent them from ImmigrationVoice. We're working on allowing people to personalize the web fax content.

    As it stands, it is proving very difficult to have our members to take one minute to send webfaxes. Having them to write up personalized letter and having them post it is going to be even tougher.

    I believe that everyone who reads this forum should move a bit his/her bottom and send a customized letter using the above template. This is the least everyone of us can do to support the efforts of the volunteers of this forum.

    04-16 02:31 PM
    This is my first post here but I am silent reader for past two years. I got my GC approved couple of weeks ago. A week before that, I applied for EAD and AP renewal. Is there any way to ask USCIS to refund the money back since they have debited the money from my account and also received the receipt notice for me and my wife as well? I need your valuable suggestion here,

    07-10 07:53 PM
    Hi raysaikat,

    I talked to my attorney about the security clearance and he said my security clearance is done successfully. basically, FBI will do all that behind the scenes thats what my attorney said, they back check in bio-data since i came into US,
    only i have received approved I-797 with company Y on Jun 5, 2008.
    addition to it, i have a letter (from my attorney) from an expert opinion who is the Professor from University of Maryland on my Education and Work Experience. correct me if this is wrong.

    This is not accurate (or you misunderstood your lawyer or your lawyer was referring to something else). I was stuck in Germany for 1.5 months due to security clearance in 2006. Of course I had approved I-797, letters from my Boss, etc. Nothing matters. IO can always request a security clearance (to save his/her a**).

    coming to second point
    i dont think my current client will give me that kinda luxury working from remote place,

    Well, then you can only optimize the cost of accommodation (in case you get stuck) and hope for the best. However, there is no guarantee.

    what is TAL?
    Technology Alert List. Search google.

    what information is provided there.
    what do i need to look for in there.
    do u have any link where i can look into it, if so pls email me at
    kvenu135 at hotmail dot com
    please email me anyone who reads this thread/post with your advices.
    I would be more than happy to appreciate it

    With Thanks,

    I am not trying to scare you, but being a sufferer, I know that it is vital to prepare for the worst case even if you are hoping for the best. I was merely a post-doc who works on mathematics of networking, but I was still stuck.

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