Saturday, June 11, 2011

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  • CaliGC
    06-14 09:02 PM

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.


    Please see my Signature below for info regarding me.
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006

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  • GooblyWoobly
    09-26 06:43 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......

    Yes, she will lose her H4 status if she uses EAD. Her new status will be 485-pending.
    At this point, if she quits/loses job, that's fine, as her status is not bound to the EAD/job, but to her 485 pending status. She will be able to travel on AP, or apply for new H4 outside (I'm not sure about the later part, so, I'd suggest using AP).

    The only risk is, if her 485 application gets denied, she will be out of status, and will have to leave immediately. However, if you still have your H1 valid, she can apply for an H4 again outside the country.

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  • Dhundhun
    10-23 02:13 PM
    buy a return ticket . Cathay Pacific has tickets valid for a year. They have no change fees etc. so you can change the return date whenever you want.

    Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.

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  • Humhongekamyab
    01-29 10:23 AM
    this rumour sounds like its straight out of timesofindia :p;)



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  • kumar1
    03-03 12:19 PM
    Desi, Thanks for the translation, it was very helpful. However, I failed to find in this document anywhere that a PD obtained from EB application can not be ported to an FB category.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    Not a legal advice.

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  • gene77
    06-25 06:50 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.

    Has he already filed? Can you send in your application before July 01 dateline?



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  • sheela
    07-11 06:08 PM
    I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.

    FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available

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  • lazycis
    10-04 12:55 PM
    Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?

    Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful


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  • dontcareanymore
    06-18 02:38 PM
    I am assuming your GC is "employment based".

    If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.

    By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.

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  • pbojja
    03-30 07:57 PM
    Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.

    no updates online just received postal mail from USCIS today .

    I guess end of long wait , been in country from 2001 .

    I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .

    FYI - I dont know if my back ground check is clear or not , I guess it is .


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  • bondgoli007
    07-14 04:39 PM
    I was audited on 6/09 and Fragommenr responded on 6/30...No response so far and I have emailed my Fragommen paralegal the following questions;

    1. Typically how long does DOL take to respond to an Audit?
    2. What kind of response can I expect? Will it be an approval or a further Audit?
    3. What % of cases get a further audit after a response is filed to an initial Audit?

    I will send out a response when I hear from him.

    Side question: Is my Priority date the date when PERM was applied or the date the PERM will be approved?


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  • chanduv23
    10-09 10:35 AM


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  • ntpatil
    04-27 09:27 AM
    Thanks vhd999,

    That is what I am talking about. Even after confirming with cust serv reps, the check-in counters behave differently. I will also carry a printout of the website that says 2 bags for the worldwide option.


    There is no problem at India's end..we all know how to handle that. Also, it does matter if there are 2 bags or 1 from here. If I have 3 extra bags, then I end up paying more...rather than assuming that they will be checked in free. You pack your luggage accordingly assuming x no of bags are involved. Also, I will make sure my wife travels comfortably, that's why i am asking these questions in the first place.

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  • BharatPremi
    10-13 02:45 AM
    Hi Guys,

    I Fedex my 485 package on July, 11th and it got reached to USCIS on July, 12 (I have the acknolegement) but still did not receive the receipt number. I am seeing who filed after me started getting receipt numbers.

    I am kind of concerned about it as I did not see any movement in my case.

    Any inputs Or wondering if anybody else facing similar situation??????

    Appreciate your inputs.



    1) Call USCIS
    2) INofrm that you filed 90 days before.


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  • pappu
    09-23 09:45 AM
    We need help from volunteers on this forum to add links in Wikipedia.
    I added IV on the indian american page in wikipedia but it was deleted. could more people try to do it. Pls dont edit several pages at one time. the system, considers it as a spam and deletes all. It happened with me so I am urging other people to pitch in.
    pls add content about IV in the immigration section and add IV links.

    H1b page (says a lot of things against this visa). we need to write some issues h1b visa holders face when the apply for green card
    need IV link and detail here
    chineese members pls update this page with IV link
    green card.
    talk about EB green card issues
    talk about delays and broken system

    if you come across other pages related to immigration pls go ahead and add IV links.

    Thanks for your help.

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  • jazzy2
    05-25 08:47 AM
    Hi all
    called Sen. Lindsey Graham
    and Sen. John Macain

    Both the numbers had an option on leaving a message or opinion on a legislation.

    So i left a message ....

    should i also speak to the staff??


    washington dc


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  • immi_seeker
    10-08 10:38 PM

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  • perm2gc
    01-06 04:46 PM
    My wife is on H4 and is exploring the posibility of converting to a H1. She recently went for her first interview and the people over there told her that there is a new rule for H4 to H1B conversion. According to them, she needs to go to India and get her H1B stamped before she can start working. Is this true? As far as I know, all one needs is an approved I-797 (for I-129 petition) indicating that the approval is for change of status to H1B (meaning that the approval notice has a I-94).

    Please let me know if there is any merit in the above statement?
    Nope its not true.All she need is approved I-797.Visa Stamping is only required when she has to travel outside US and reenter.

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  • jonty_11
    07-26 02:08 PM
    country and EB1/2/3 would help...??? Plz provide that
    u cud be stuck in FBI namecheck

    07-15 04:33 PM
    Don't get scared if you forget to hand over I-94 . this one point given on US Custom & Border Protection website will give you some relief:
    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your re-entry next time you come back to the United States.

    Here is the link to the full article. Hope this helps. 3Jvd19jbnQ9NDcmcF9wcm9kcz0yMywzMiZwX2NhdHM9MCZwX3B 2PTIuMzImcF9jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlY XJjaF9ubCZwX3BhZ2U9MQ**&p_li=&p_topview=1

    Queen Josephine
    April 3rd, 2005, 06:54 PM
    Nice Facelift Gary! dphoto should start it's own Extreme Makeover!

    Cox, I like Gary's fix.... the photo has a lot of dramatic punch to it. Also, I saw somewhere else where you were overrun by tourists at Yosemite (quite a problem any time of year apparently). Try King's Canyon next time if you haven't already been there. Fewer tourists by far.

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