
p_aluri
04-01 05:38 PM
I am sorry to hear about your situation.
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
Your attorney may be completly wrong about the labor substitution. The USCIS has passed new rule, The labor will be voided once its passed 180days after approval. So the approved labors from your company has no value.
Did you try utilizing AC21 as your 140 approved and the 180days crossed?
Again I am not a lawyer, please talk to experienced attorneys.
Thank you,
Aluri
Hello folks,
i need some expert opinion here. These are my primary details.
COMPANY A:
1. Perm Labor - Nov 2006. (EB2)
2. I-140 approved - Nov 2007
3. I-485 filed - July 2007.
4 EAD - oct 2007
5 FP - Nov 2007
6 AP - Oct 2007
H1-B extension denied in dec 2007 due to variety of company A issues.
Invoked AC21 yesterday with company B.
COMPANY B: Bought substitution labor of Feb 2004 EB3.
I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.
But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..
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WeShallOvercome
07-31 06:52 PM
My lawyer also did not file EAD/AP along with the AOS application. The USCIS FAQ 2 says that you can file without the I-485 receipt but you do need proof of delivery. Has the lawyer given you the FedEx / UPS delivery receipt?
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.
In my case, my HR told me that the lawyer flew in a guy to physically hand over the AOS cases on July 2. Don't know how true that is.:confused:
My lawyer gave me the fedex tracking number and I can see my application was delivered on 7/2 morning. I'm attaching a printout of the delivery confirmation from fedex website.

irrational
06-29 10:13 PM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
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BMS1
11-05 08:32 AM
Hopefully, you guys and other new H1-B guys coming to US and yet to file for green card, get frustrated enough about getting locked to an employer and inability of the spouse to get employed and join IV in large enough numbers to bring the "Ability-to-file-I485-during-retrogression" to the top priority where it once was.
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gotgc?
09-16 10:44 PM
I know a friend who faced exact situation you described here. His lawyer also answered the same way your lawyer replied. He is doing fine with the approved I-140 and the original I-485 (based on first I-140(eventually denied)). He was told USCIS automatically "consolidates the cases". His attorney did not send any request for consolidation or something like that. This happened about an year back and he successfully made an overseas trip and returned on AP. This makes me feel you are OK and your lawyer is correct.
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...
Thanks a lot for all your responses...atleast it gives me some confidence with what happened in your friends case...My lawyer told me to wait until the I-140 denial notice details before doing anything...
Meanwhile, I want to check with you guys to see are there any way to verify that my AOS will continue to be active based on my approved I-140?
Would Infopass or calling USCIS Customer service center help?
Please let me know if you know of any other options?
Thanks again...

gc_maine2
07-12 01:45 PM
Misha,
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
There is already a thread for this topic, please don't open new threads it hard to follow all these new threads. If you don't find it PM i will send it to you.
Thanks
Question for July I-485 filers.
Did anybody receive I-485 July Rejection Notice by mail?
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bluekayal
10-16 03:56 PM
Didn't you have one in 2009?
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IamWithImmiVoice
06-17 09:00 PM
Contributed 100 dollars. Hopefully everyone here contributes and we meet our goals..
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pjalan
04-03 11:35 PM
I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.
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gpr
07-30 07:11 PM
My EAD application is still pending while it got approved for my spouse within a month.
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arnet
10-26 02:34 PM
Original I-797s should be with us, they can have copy but not original, call VFS where your wife attended interview and enquire why they took it and request them to return it.
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
if they say they dont have it, I think no need to worry since your wife has already got stamped, and if anybody asks for her I-797, she can show xerox copy of her I-797.
Otherwise if you think you need original I-797, I think you can apply for duplicate copies from USCIS, they will charge some fee for extra copies, check with USCIS or your attroney who filed your H1 & her H4 for the procedure.
Diclaimer: I'm not an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
They took her original 797 approval notice away....it did confuse her and also me.
She just got her stamped passport back in courier yesterday, but there was no 797 with it.
Should we contact the consulate for it?
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cgs
04-03 09:34 AM
Renewal of passport doesn't invalidate the visas in old passport. You have to carry both the passports while traveling foreign country.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
You can get correct information about passport renewal processing details by contacting near by Indian embassy. You can also check if there is same day (or faster renewal for extra fee) renewals.
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anilsal
01-14 12:04 PM
I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
Thanks again to everyone for the suggestions.
Some people I know have got their GCs based on earlier 485s but with a new current approved 140s.
So maybe you should have just requested USCIS to apply your family based current status to already filed 485s. USCIS is capable of consolidating applications based on A numbers. They can even switch primary/dependent applications once something becomes current, contrary to what lawyers say.
You would have saved filing fees and medical fees.
But irrespective of that, go to infopass and find out if the files are assigned to an officer. Once that happens, it is a matter of days.
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franklin
06-15 12:33 AM
Next week is the time to talk more about AC 21 . This week lets complete all the work to file the petition
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Yes, lets hope the removal of AC21 in CIR has been reversed !
Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)
Long Stroy in short form with the rules underlying AC 21 act
If 140 is approved and 485 petition was pending for adjustment for more than 180 days ( from Receipt Date ) you can move to a similar job under a different employer using EAD
Yes, lets hope the removal of AC21 in CIR has been reversed !
Regardless EAD and AP are not affected by Priority Date. (Neither is I485 processing - I believe that as long as the PD is current, it is treated on an Receipt date of I485 - another benefit of filing I485 asap)
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nogc12
07-12 02:56 PM
Another law suit
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
http://www.lawyersandsettlements.com/articles/01117/pr-green-card.html
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jeffrey930
10-02 01:30 AM
found out today my EAD status finally changed to card production i'm so happy...i hope everyone get theres EAD soon, i know the wait is a pain in the @##... How many days you guys think before i get my card on hand? thanks for any reply..
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
EB3------NEBRASKA ( LIN-***-*** *****)
RD: I-485,I-765,I-140------July 27,2007
ND: September 4,2007
FP:October 11,2007
AED: Card Production Ordered---- October 1, 2007
more...
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ss1026
02-07 12:44 AM
The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.
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NKR
10-09 12:04 PM
Texas has joined the bandwagon. Starting 10/1 anyone other than Perm Residents and Citizens will have to show proof of legal residency and will only be issued a 1 yr license that will look different from everyone elses. Seee details in the link below
http://www.chron.com/disp/story.mpl/front/6047852.html
Welcome dude, I am from GA and a couple of days ago I applied for H1 renewal in PREMIUM, that is 1K spent just to be able to get my H1 renewal approved before my DL expires this month end.
Why can't I use EAD?.
My EAD is getting expired this month end too.
Why didn't I apply for renewal before?.
I am early 2004 EB2 I applicant, my date was current and I was expecting GC anytime soon, but I beleive USCIS was busy processing newer application and my PD moved back this month.
http://www.chron.com/disp/story.mpl/front/6047852.html
Welcome dude, I am from GA and a couple of days ago I applied for H1 renewal in PREMIUM, that is 1K spent just to be able to get my H1 renewal approved before my DL expires this month end.
Why can't I use EAD?.
My EAD is getting expired this month end too.
Why didn't I apply for renewal before?.
I am early 2004 EB2 I applicant, my date was current and I was expecting GC anytime soon, but I beleive USCIS was busy processing newer application and my PD moved back this month.
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masti_Gai
10-27 08:20 AM
we need to take all the originals if we have to attend a visa stampin interview.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
but for H4 i dont' know coz we will be in US and would it really really be safe to mail our original petition to India we being here.
Mine was a different situation i entered US without my petition papers as i had forgotten them. I realized it only when i switched my company that i didn't have my petition papers with me. I later on got i fedexed by ma parents.
aamchimumbai
09-02 01:46 PM
Folks,
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.
As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Thanks in advance for all your responses.
Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.
As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?
Thanks in advance for all your responses.
Catherine
11-04 02:06 AM
Help!
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
I divorced my husband after 14 months of marriage. I have a green card with conditional residency (the I-751 90 day 'window' to remove conditions starts Sept 2010). My husband was abusive mentally and physically, I have no contact with him.
I cannot prove the abuse definitively as I covered it up at the time (no photos or police reports, only my testimony and perhaps that of the counselors we saw together). The advice I have received on how to proceed has been conflicting; some say wait and apply during the 90 day window to remove the conditions and it MIGHT be ok; some say I need to file now and prove the abuse.
I have no money for a lawyer as my husband also stole most of my money and I just got laid off as well. Any ideas?!? Does anyone know if it is riskier to try and prove the abuse or how hard that is and if I'm more likely to lose my green card that way? Is there any way at all do to this without thousands to spend on a lawyer?
Many thanks in advance for all help and advice.
P.S. I've tried the local bar association, legal aid and a thousand other options, all of which have either been dead-ends or given me yet more conflicting info.
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