Sunday, June 12, 2011

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  • haider420
    03-04 01:01 AM
    Mr Haider

    Please give the entire facts of the case before asking for advise.
    1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
    2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.

    Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.

    either way we need more details to help you dude

    - cheers
    kris

    i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(





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  • chandrajp
    08-15 03:32 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?

    But again this is my personal thought.





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  • nixstor
    07-17 10:45 AM
    Most users ever online was 5,233, Yesterday at 04:20 PM
    Threads: 5,709, Posts: 114,871, Members: 20,081, Active Members: 13,220

    From immigration.com

    Most users ever online was 2,117, 16th September 2005 at 02:58 PM.
    Threads: 239,836, Posts: 1,626,529, Members: 162,149

    Most users ever online is increasing every day and IV is becoming a better source of information. Its just unfortunate that people fail to recognize the importance of contributions for this effort.





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  • Solong
    07-21 12:53 PM
    My H1-B visa expired on June 16, 2007. Extension (I-129) has been filed in May 2007 (before expiration). It has not been approved yet. It's still pending. My LC has been approved on July 09, 2007 and my PD is April 2004. My question is: Can I file concurrently I-140 and I-485? Will my application be rejected or will an RFE be issued?

    Thanks for your input.

    Solong:confused:



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  • katakamk
    02-07 09:55 PM
    Hi Kapil,

    what is your priority date & category (EB2 or EB3)? when did you apply I485?

    with regards,
    EB3 - 2003 PD





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  • chanduv23
    09-15 06:41 PM
    IV HAS PROVIDED YOU WITH THE VEHICLE - ALL YOU HAVE TO DO IS TO RIDE IT

    RIDE THE IV VEHICLE AND BE A WINNER

    YES WINNERS

    SITTING BACK AND DOING NOTHING - WILL DO NOTHING - YOU WILL KEEP GAZING AT USCIS UPDATES LIKE FRONTLOG, BACKLOG, BEC, PERM, ATLANTA PERM STUCK, FBI NAME CHECK ISSUE.....



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  • goel_ar
    12-09 10:28 AM
    We did send lot of requests (letters) to Senate/House reps to include recapture and legal kids into dream act. But of no use. I think its simply waste of doing such campaigns.

    agreed.





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  • ramankgb
    06-03 11:15 AM
    E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
    Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
    However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.

    Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
    *********
    RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
    ===================Update=====================
    EAD Card recieved with 1 year extension from date of expiry of previous EAD.



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  • snathan
    03-24 01:23 PM
    Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.

    If you have traveled you have different i94 from the recent travel and different one in extension.

    Do you have any source on this....I also had to amend my H1B last month. Its done without any issues..





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  • qualified_trash
    11-02 01:32 PM
    rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.



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  • sammyb
    11-30 09:07 PM
    You need to invoke IV-21 :D

    like the humor in it ...

    in todays era we are thinking everything using GC terminology ... :D





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  • chanduv23
    11-07 04:55 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......

    But his signature says labor is approved. I remember giving my lawyer an updated resume with current employment when she filed 140 for me. Maybe thats OK in 140 petition????



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  • neeidd
    10-09 06:04 PM
    What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know


    Thanks





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  • cherupally
    09-05 11:37 AM
    Does anybody has format for Non-availability of Birth Certificate? If yes, can somebody post the format please..



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  • xyz2005
    06-21 01:45 AM
    Hi Gurus,

    My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.

    My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.

    I got the below RFE from CIS :

    The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.

    Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.

    An acceptable evaluation must:

    1) Consider formal education only, not practical training experience
    2) did the applicant complete the U.S equivalant of high school before entering college
    3) Provide detailed explanation of material evaluated
    4) briefly state the qualifications and experience of the evaluator providing the opinion

    The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.

    Thanks,
    Sekhar

    I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

    All the best.
    Best Regards





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  • masterji
    11-26 11:44 PM
    How can you get original I-129? The petitoner submits that to BCIS. All you can have is a copy. Am I right?



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  • samcam
    10-24 01:59 PM
    Thanks Chanduv23! Hopefully it will be a RFE :)





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  • yabadaba
    07-22 08:58 AM
    bump





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  • eb3_nepa
    04-03 10:50 PM
    DOS tried to update the system reflecting a big jump in the visa dates for May. The system was unused to any changes lately - leave aside such large forward movements - and as a result it crashed.

    DOS managed to recover the system by replacing all date fields with character fields. The rumor is that the value for all those character fields is now "C", whatever that means.

    Good one!! :)





    elusive
    07-12 04:54 PM
    Thanks Very Much Anne,

    USCIS received the response packet today around Noon, Hoping to get 3 years extension and don't want to go through the pain of EE docs, end client letters, SOW,....at least for next 3 years ..well i forgot If I exit ti still remains a problem...



    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann





    shana04
    02-12 04:07 PM
    if I-485 is denied, you are out of status and must leave the country immediately.

    In case one is using EAD and 485 rejected for some reason. you have 180 days to safe guard one self.

    please check other threads for detailed responses.

    Good luck



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