Thursday, June 9, 2011

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  • illusions
    04-24 02:22 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    good news indeed! now you can celebrate your weekend even more happily :) Hope to see more such approvals.

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  • nifedge
    04-23 10:01 AM

    I am in a similar situation. My Passport expires on June 16th 2009, so I got a I-94 that a D/S Date of June 15th 2009. My H1B and I-797 is valid till Oct 22 2009. My Employer contacted me last week saying that my work status expires on June 15th and I need to show new work status to continue working.

    As per my attorney, the date on the latest I-94 is THE most important date which dictates how long you can be legally employed as a non-immigrant, it is NOT the date on H1B stamp or I-797 (I-94 date is always equal or earlier than the date on I-797).

    So, I am lucky to have EAD through my wife's GC application and I am being forced to switch status to EAD. Since my wife and I work for the same company, I am very worried switching to EAD as there are layoffs imminent in my wife's department, which poses risk to her and me too (if I am on EAD).

    One line answer: Your wife should switch to EAD right before her I-94 expires.

    My obvious advice is to consult a lawyer.

    Anyone on the forum, if you think what I said is wrong, please correct me.

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  • billbuff123
    10-27 10:42 AM
    Thanks for the replies. I already consulted lawyer may be again I need to double check with other lawyers.


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  • GCVictim
    07-24 01:22 PM
    I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.


    My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?

    Please seniors advice on this. because she is going to get contract-to-hire position.


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  • cagedcactus
    10-25 08:55 AM
    I have received the EAD, but no AP.... same case with my wife...
    We havent received our FP yet...
    does online status change to show FP update? Maybe folks with FP done can confirm this...

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  • krishnam70
    06-18 11:04 AM
    Looking for a Good Attorney in Texas, please - thanks .

    they are efficient and thorough..


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  • gc_check
    03-10 07:55 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.


    Submit the I-94 when you board the flight that leave USA, in your case, Chicago, Not Miami, It is always not advisable to sumbit when you are boarding a connecting, non-Internation flight. For example, what if the International flight is cancelled or you missed, you will be in US, but have already returned your I-94 Also always have copies of all the I-94 for records.

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  • seahawks
    01-01 05:10 AM
    congratulations after all the hardships you had to wait for. Me too had to wait 4 years (48 months) just for my labor to be approved:) Hopefully 2009 should really be a Happy New Year if we all work hard together!


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  • gc_chahiye
    11-29 05:21 PM
    I got this RFE email Nov 28th. Yet to receive the letter so do not have the "response time window".

    Assuming they give me 6 weeks (Jan 7th) to respond. I will request my attorney to fax and then courier the Response to USCIS on Jan 3rd(Friday). I am planning to fly back on Jan 5th(Sunday). This way when I am at POE the I-485 status is still pending. It s..ks to do all these manipulations... but this trip is long pending and some urgent issues need to be taken care during this trip.

    sure. Just make sure you dont cut it too close.. I have had numerous run-ins with Mr Murphy ('s_law).
    Always make allowances for things like your attorney missing his flight back from a new years party in the Bahamas; or waking up too drunk on Jan 2nd to be able to even know the full form of RFE :)

    Also, depends on what the RFE is:
    * if its just EVL, payslips (possible, with your job moves), then its pretty much a formality and you are all set for your GC.
    * If its medicals then you might need to scramble to get it done on time (might as well take an appointment now for around Dec 10th, you can cancel it if the RFE is for something else).
    * If its something like details of your status going back to first entry into US and things like that then you want to be careful and possibly delay your response to ensure you are back here to fight it out in case you run into problems with some mistake on their side.

    If I were you, I would take the medical appointment, then wait for the RFE to decide the next steps...

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  • rhlsur
    08-18 11:41 PM

    With regards to my original post below my lawyer got back to me today with something bizarre -
    She received a case closure letter from the Backlog center in July 2007 and they sent a copy of the application we had originally filed. In it, the company address has been struck out and another address (70 miles from where we are) was hand written. She faxed me a copy of this and it is nothing short of bizarre. Does DOL actually make changes like this on their own without a confirmation letter from the Company or attorney. I know my attorney would not do such a thing unless we had requested it. Also, the new address was a company (totally different name) that specialized in pool plastering - nothing to do with Computer engineering which is my area. Currently she's placed a call to the backlog center and since they don't answer calls directly we are waiting to hear back from them. Additionally she's writing to them too. Has anyone been in such a situation and can IV help in addressing this with any agency?


    ***** ORIGINAL POST ******

    My PD is Dec 2002 (on 8th year H-1 extension and just applied to renew H-1 again) and my company recd the 45-day letter in April 06 and responded in time. I checked my case status in July 07 and it displayed case closed. I called my lawyer and basically the response I got was she did not respond in time to a rescruitment instructions report sent by DOL in March 07 and hence the case was closed. My company has been supportive through this process and its only my lawyer whose been horrible.

    While part of me wanted to do strangle her, the other part (guessing the sendible part) made me realize I needed to get this resolved.

    1. Have any of you been in this situation and had your case reopened and if so, how?

    2. Can I change my attorney in this situation and have him/her try to get the case reopened?

    Any advice would be much appreciated.



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  • abingc
    08-19 12:46 PM
    - Received 2 Yr EAD expiring July 2010
    - Current EAD expires in Oct 2008
    - 140 Still Pending
    - EB2 I, Feb 07 PD

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  • sk.aggarwal
    03-19 03:28 PM
    Thank you for your quick response Attorney Ruben.
    Is there a way to avoid this step or get PWD from some other source?


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  • aat0995
    08-07 11:50 AM
    Mine was transferred sometime in Nov or late october of 07. They didn't do anything until the date for I-485 became current on 1st august. However, it might be just a co-incidence as my I-485 is still pending. So I am probably not under PPP program going on in TSC.

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  • rkp27
    07-11 01:56 PM
    yes, now we should all start calling uscis - atleast 10 times a day, open SRs, take 4-5 infopass appointments and maybe consider going to NSC or TSC in person to see if we can talk to the IO (or have a cup of tea with the IO) to expedite our respective cases.

    Who knows, if we do such things, we mite get our GCs faster than ppl already waiting ahead of us in the queue. :)

    I wud also take this oppurtunity to invite more EB3 ppl to convert to EB2 now....this way, u cud get a EB-2 PD back in time, when u were not qualified for EB2. And with all desi body shops, getting this done is a piece of cake, i would assume.

    Now boot me from the forums or give me all those red marks - i don't care. I wrote what was on my mind.



    hope this helps everybody who willing to post such frustration. Please keep all thoes with your self and dont bother others.




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  • chenche19
    04-01 11:57 AM

    my and my wife received a denial letter from USCIS regarding our I-485 applications. My I-140 was approved on November 08'.

    the weird thing is that I did not get an RFE of any kind... so, we decided to submit an MTR because:
    1. the grounds for denial are wrong: no RFE on Medical and my case falls under visa gate - USCIS publication of July 23, 2007 states that USCIS will submitt an RFE on this matter.
    2. denial over birth certificate??? anyway, it was submitted originally and USCIS just lost it in the process anyway no RFE on that either.
    3. taken literally from the letter of denial "EVIDENCE OF EVIDENCE OF ELIGIBILITY MAINTANCE " I believe that is my I-94 -which we had submitted and the visa bulletin on june 2007 giving me the green light for I-140 and I-485.

    so, we submitted an MTR based on this documents and I got the receipt date as March 17.
    any thoughts and comments will be apreciated.


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  • MAC
    March 28th, 2004, 04:05 PM
    Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!



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  • IneedAllGreen
    02-04 12:43 PM
    :confused: Does anyone have multiple RFE for I-140? :confused:

    I am kind of curious to know if there is anyone like me in same boat. I got 2 RFE (off course one after another once we answer first one) for my I-140 in year 2008. First RFE I got it regarding ability to pay which we answer in January 2008. I got another RFE in August 2008. Second RFE was kind of mix of ability to pay and education validation. For second RFE they ask for university transcript, all experience letter matching with job description from labor certificate, last year's W2 and company's last year bank statement(year 2007). It was one of the huge list I had seen from USCIS.

    Long story short what the hell are they doing with all documents they are asking from us? Its being 3 and half months we have answer 2nd RFE but there is no single response from NSC except they have received the documents and processing has resumed. My I-140 is stuck at NSC from January 2007. How long do I have to wait to get my I-140 approval?:mad:

    How do I can contact NSC to know what the hell are they doing with my I-140? Guys share your experience so we all can prevail this another backlog mess.

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  • saint_2010
    08-13 11:31 AM
    What makes you think in this Direction ?

    nothing seems to be moving forward...and this is the last week for Aug the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to thoughts!

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  • nvmurali
    06-02 08:25 PM
    If Your Consulting Company is the negotiating then its good for you that you will be leaving on good terms. I would recommend you negotiate with them to File your 485 when PD available.

    As far joining new Employer, you can only join them with H1B with 140 waiting status.

    What does that mean? how can they file 485 when I'm not working for them? Also - What do you mean by with H1-B & 140 waiting?

    06-24 11:28 PM
    Article says all pending application ...

    "The Labor Department is auditing all pending applications for legal immigrant workers the firm has filed on behalf of its corporate clients."

    07-20 01:53 PM
    The only reason I see the lawyer not applying with enotice, could be he was very busy.
    Even my attorney did not file concurrently on 28th as it was last day for PP of 140 and her office was extermely busy applying PP on 28th.
    I then walked on 29th and signed all 485 , and she said she will wait for receipt notice and then apply and then July2nd showed up and this fiasco.

    Once I got e-notice of approval for 140 by email, I called up the attorney and she filed 485 one day before the announcement of July17th.
    At that time she did not have Hardcopy of either receipt notice nor approval notice. So she filed with e-notice of approval.

    Next day we got hard copy of approval notice. The receipt notice is yet to arrive in mail.

    I hope this is ok. Otherwise 140 receipt notice is a initial evidence and app could get rejected and returned.
    But it should return by Aug 17th . So still there is some time to act.
    If I dont get receipt notice of 485 by aug 16th, I plan to apply duplicate 485 and say in cover letter that this is because of so and so.

    Sad that 485 receipt is not emailed ? like 140 e-notice.

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