Wednesday, June 15, 2011

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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.





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  • gc67890
    11-17 10:34 AM
    Why are you so scared of posting by saying that this problem is with you. Why do you have to bring your friend in. If it is really for your friend, then why cant he come and ask himself.

    I wish I had a friend like you who will find answers to my immigration problems ....
    I am also your friend as you are also member of IV and we all are fighting for the same cause.

    I will also help you if there is a need and if I can.

    Please check my profile. I have filed my 485 on July 2nd and one of the few who was benefited thru IV flower campaign
    I have been a member in IV for a while and I have also made contributions.
    I am not afraid to speak out, Please reply if you know the answer.



    Thanks once again





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  • Kalidindi
    07-30 12:46 PM
    I have got my case approved as well. I also received my GC cards. Thanks for all the info and Best of Luck,





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  • immi_grant
    06-25 05:14 PM
    Thank you both for your insight !!
    I will discuss this with my attorney ASAP.



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  • chanduv23
    11-15 10:19 AM
    Still only 6 people have courage to speak out. What is running in your veins, water?

    We may not be able make changes in the law now but we might be able to get some relief on restrictions, that does not allow law making.

    Educate yourself or suffer...

    I sent u a PM





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  • ss2005
    07-24 10:17 AM
    Hi hydubadi,

    I am aslo in same situation ... FNU and Pending 485.

    My attorney says... just write a letter after chaning the name in passport. Mine is a name split issue.

    My old passport has Last Name = Last Name + First NAme and First NAme = Blank and visa etc it is FNU


    I got my H1B visa inside the US and when I went to the consulate, the lady refused to stamp my visa. I had to go to the passport office and get an "observation" that my name should be read as
    First Name : "FirstName"
    Last Name : "LastName"



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  • gsvisu
    07-12 08:54 AM
    I would say put 'Retrogressions' and waiting periods also in perspective.

    In the world and era of progression
    We get the word of 'Retrogression'





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  • kumar1
    10-06 11:52 AM
    I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
    After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
    My 2 cents.



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  • santb1975
    12-24 09:33 PM
    ^^^





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  • chunky
    07-26 03:17 PM
    Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency



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  • imconfused
    07-03 10:15 AM
    I guarantee you they won't do a thing with it. in fact they won't even be able to take it home (the workers that is) because they are not allowed to, it's almost like accepting bribes, right? Hey I have an idea, let's all apply lipstick and kiss a piece of paper and send that :D yes, even guys, it's for the greater good:D


    u talk like a kid in class II.





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  • cox
    June 19th, 2005, 04:27 AM
    In the words of William F. Buckley Jr..... some of my first instincts are reprehensible! Glad you finally got CS2....How are you liking it so far? (It IS out of the box isn't it?)

    It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)



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  • GCNaseeb
    08-08 04:25 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...





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  • bharad
    09-21 04:01 PM
    wanted to share my experience with anticompete

    I have been a consultant with vendor V at client C for over 4 years now, wanted to change the vendor but this guy showed an anti compete I signed with him at previous client(no contract signed for current client though) mentioning anticompete for any future clients of Vendor.

    The company is based off New York where anticompete is followed, so I had to forgo my plans of joining another vendor for the client.



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  • zCool
    03-21 12:20 AM
    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!





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  • LayoffBlog
    01-27 01:32 PM
    According to Reuters: “A U.S. senator has asked Microsoft Corp about its plans to slash up to 5,000 jobs, urging the world’s biggest software company to preserve the jobs of Americans ahead of foreigners working on visas.““The letter asked Microsoft Chief Executive Steve Ballmer to provide a breakdown of the jobs to be eliminated, and [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1228&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/25/us-senator-asks-microsoft-about-job-cuts-h1b-visas/)



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  • STAmisha
    06-20 07:46 AM
    Friends

    Please update how long it takes for PBEC approval notice to come in mail.My online status still shows in process





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  • senthil1
    07-24 12:02 AM
    No easy options. F1 is an option but chance of rejection is more as spouse is GC holder. Probably F1 before marriage is a best option. Or join Indian company work in India one year or more and get L1. But L1 also there is possiblity of rejection in the consulate but better than F1 as L1 can be dual intent. Someone had similar experience can better explain

    This is for my friend who received Greencard in 2006. She just got married in June 2007 to an Indian citizen.
    What are the options for her to bring her spouse to US ?
    The spouse has an MBA.
    I know H1 is not an option as they have to wait atleast till October 2008.
    What are the other quick options?





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  • Raj2006
    06-03 04:48 PM
    My EAD case is pending at California service center. Please reply here to get an idea about their processing time.

    please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).

    here is my information:

    paper based filing on apr 27th 2010
    notice date may 3 2010
    got receipts on may 7 2010
    in initial review status.

    thank you very much.





    emmNemm
    07-16 08:57 AM
    I agree. I am EB2 and my Prevailing_Wage_Level is Level II





    sriswam
    06-29 11:00 AM
    Just found out from USCIS customer servicer rep that the documents should be *POSTMARKED* before july 2nd. So we can still paper-file the I-907 to upgrade I-140 to premium processing as long as we mail in the paperwork before Monday.

    Cheers!
    -Sriswam



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