Sunday, June 12, 2011

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  • augustus
    09-06 01:22 PM
    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005

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  • desi3933
    07-06 12:24 PM
    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?


    From legal point of view - there is no unused visa numbers. USCIS can issue not more than 140k GCs. Since it is "not more than", there is no unused visa numbers.

    As per law, it is not permitted to carry over remaining visa numbers either.

    Only a new bill can "claim" visa numbers this way.

    Not a legal advice.

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  • gc_chahiye
    07-19 01:55 AM

    Am I barred from having a second adjustment application pending if I decide to file another case based on a different I-140 approval?

    There is little definitive guidance from USCIS regarding submission of a second I-485 petition or substitution of a new I-140 in an existing adjustment case. Theoretically, there is no bar to either practice though in the latter case a priority date needs to be available for the new I-140. The service centers have been inconsistent in their treatment of both of these kinds of cases and he should proceed extremely cautiously before pursuing either.

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  • casinoroyale
    04-02 09:52 AM
    My attorney is saying they can file MTR on "USCIS's own motion" with that we don't have to pay the application fee of $585? This is something new to me, but I trust my attorney.

    Has anyone else heard of this before? I just want to double check as the last thing I want is USCIS denying my MTR for not filing with the fee.


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  • viper673
    06-16 08:05 PM
    The 180 days AC-21 rule only applies if your I-140 has been approved.

    If you only have a receipt notice, then you don't have the option to invoke the AC-21.

    Lay low...

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  • chanduv23
    04-18 02:09 PM

    I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.

    Thanks in advance.

    Don't stress - take it easy. This can be fixed. i sent you a private message


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  • prom2
    09-28 08:18 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.


    1) Find a good lawyer with experience in ability to pay issues.
    2) The company should prove ability to pay your LC salary since PD.
    3) Because you are currently working for them, and your salary is 8k below, they should prove they have been paying your salary (W2) and also ability to pay the extra 8K/yr.
    4) If the company had losses in 2006, but their net current assets were over 8K, it is ok.

    BTW, what is your PD?

    It is just an opinion, not an advise, please consult a lawyer with experience.

    Good luck.

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  • devan
    11-13 05:04 PM
    Thanks much for all your responses. As per your suggestion, i talked to the lawyer office, they asked me the three affidavits and sent the response today.



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  • jsb
    09-07 11:02 AM
    If I do not block my checks my worry is that it might create duplicate cases.
    Yes in my second set of application I did mention the reason why I am filing the second time

    Your attorney is correct. Stop Payment can be a bad spot on you. It is like giving somebody phony money. Receiver think he/she is receiving something, but it proves to be nothing. Everything else, e.g. writing to USCIS for withdrawing your second app etc. or otherwise hoping that they will reject it, is ok

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  • raysaikat
    01-15 12:38 PM
    Hi folks, sorry for posting this again, but I posted in the self-help area and nobody answered (I guess there's very little traffic there surprisingly)....

    Hi Folks

    I'm here in the US on a L1A visa and would like to apply for Green Card (I'm assuming i-485) soon. My wife who is currently outside of US has recently received her L2 visa within one business day I may add! So, we're waiting for her to join me here in the States within two months as she is currently working abroad and needs to wait for her bonus $...

    In any case, I was thinking of applying for an EAD for her in conjunction of i-485, but I've been reading that others who are holding a H1 visa is also applying for an EAD (why on earth for?!) as you are allowed to work on H1 already no? I thought EAD is authorization to work only??

    In my case, my wife needs EAD in order to work as L2 only allows her entry to the States and her visa would "clone" mine (ie. whatever my expiry date is, hers will expire).

    Should I also apply for EAD too even though my L1a visa already permits me to work legally here in the US?

    Do you have your I-140 approved? Green card is independent of your current status (L-1 or H-1); the speed of getting green card depends on what category you can apply (Eb-1, EB-2 or EB-3) and your country of birth (i.e., the country where you were born, not the country of citizenship).


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  • tictac
    09-12 03:01 AM
    thanks for sharing this,

    lets all expose and shut down these greedy little money minting h1b/billing shops. We dont have much to lose but lets track them down even if they restart their billing business under a different name, second time.

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  • nirupama.reddy90
    01-15 10:54 PM

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.


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  • austingc
    09-01 10:21 AM
    Thank you for your help in this regard. My attorney submitted

    1. Expert Opinion Letter
    2. University Letter

    and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
    Mine was PP.
    That’s great news. Congratulations.

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  • Leo07
    05-19 10:24 AM


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  • SSSarkar
    06-25 11:42 AM
    My company is paying all the cost except medical exam and photos.

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  • jkm2282
    01-07 10:53 AM
    Thanks mate. So it is nothing to be worried about, right? I was thinking the same (holidays) but was kinda getting worried anyway. :)
    I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*


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  • BumbleBee
    08-24 07:16 PM
    Not sure whats stopping from this regulation to come in to effect,0314-guevara.shtm

    I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.

    If the system doesn't change than may be its best to change ourselves to suite the system :D .

    <Joke> :rolleyes:
    Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:

    never mind, just evening frustration!!!!!!


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  • devikas81
    06-16 10:06 PM
    EB2 India..My 140 has been approved in May.07, also got EAD/AP but my employer doesnt want to give me Receipt Notice or Approval Notice of 140... So can i leave this company and join different company...
    Pls. advise

    Company gave the Receipt Number when they filed 140 but not sure whether that receipt number is belong to my case or not..??

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  • WillIBLucky
    06-18 10:44 AM
    But, when the doctor asks you if you having any history of problems then you may have to tell him that.

    Else, you should be fine. Good Luck

    09-21 09:00 PM
    Your wife may be able to get a transportation letter/returning resident visa from her US consulate. These are usually given to people who have lost their green cards while overseas, but I have heard of consulates giving them to people with lost APs. It's worth asking. Good luck.

    Hi above is an update from this end. I do have one more question though. My wife was not given an I-94 when she entered using TL instead her passport was stamped with the arrival date and initials "LPr". I am getting ready to apply for a new AP for us what should I write as her "Class of Admission"? Also do you foresee any issues with the AP renewal since I cannot send them a copy of an I-94?

    10-06 03:57 PM
    How and when are we supposed to contact Ombudsman for help?

    Are we supposed to wait first for some stipulated time or we can contact when our PD is current?


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