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  • rsrikant
    11-02 12:34 PM
    See signature for details:
    can you let us know why u'r 140 denied? may be it can be useful for some of us how to open motion for appeal..


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  • Tshelar
    09-09 07:56 AM
    I am not sure if any reputed lawyer is going to be able help. The fact that you agreed that you worked in a gas station when you were not suppose to causes a problem for a lawyer make a case. I am hoping one of the lawyers on this forum would be able to guide you on this.

    Good luck

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  • wandmaker
    08-06 04:47 PM
    Friends, I Received the magic email today!

    Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.

    I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.

    What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?

    Thanks in advance.

    A green dot guaranteed for the response :)

    Some details:
    I-485 Receipt Date: July/2/2007
    I-140 Approval Date: July/3/2006
    PD: 02/02/2006

    Your wife's application has reached USCIS on 8/1 and your approval came in today. You are covered, nothing to worry

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  • Phat7
    10-08 04:49 AM
    Originally posted by Coppertop
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7

    [Deniro voice] youuuuu, you... [/Deniro voice]:beam:


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  • ArkBird
    10-28 02:05 AM
    If it is EB2, forget about it. EB2 and 3 yr degree is big No No. If it is EB3 (seems unlikely as you filed in 04/2007 and EB3 was not current) consult good lawyer and file MTR.


    - Pre-approved labor dated 03/2004
    - Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
    - RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
    - 2nd RFE on 140 after 30 days - Education mismatch - Again responded
    - There was no response even after 60 days, so we called and created a service request.
    - Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch

    The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.

    Please advice what are options available for me.

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  • anilsal
    08-05 07:58 PM
    tax returns. I do not think they expect you to list all the addresses that you stayed during the year.

    You will need to provide the address to the tax return where your state taxes were deducted for the most part of the year IMHO. But for your GC app, I am unsure.

    Have you consulted your lawyer? Send a PM to pappu maybe. He may get some answers from the IV lawyers.


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  • ThinkTwice
    09-12 02:18 PM
    Real Life :

    A friend of mine who went to India's premier institution - IIT in India and then to IIM worked for one of the fortune 100 companies here in the US.
    He got married and decided to move to UK because his equally qualified spouse being on a dependent Visa could not work due to the obsolete rules.
    Both husband and wife are well on thier way to permanent residency in UK.

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  • lostinbeta
    10-15 10:42 PM
    Very excellent, I have other grunge brushes, but these will come in handy.


    Thanks no-tec :)


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  • txuser
    03-10 01:31 PM
    You can apply for L2 with COS online using form I-539. I'm not sure about applying for L2 without COS though. You can probably apply for L2 with COS now, and if your H1B goes through fine, withdraw the L2 petition.

    Make sure that you attach copies of your prior employer's H1B Approval Notice, recent paystubs, new employer's H1B receipt notice, paystubs, your I94 along with the other documents to substantiate that you are currently in status and in the country. This is required for the USCIS to grant COS and I-94 with your L2 approval notice.

    Also, in the above case, you don't have to go out of country - you will get a new I-94 along with your L2 approval notice.

    Please note that this is just my opinion based on my recent transition from H1B to L2. Please get the advice of an Immigration Attorney (probably your new employer's attorney?) before taking any decision.

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  • imm_pro
    08-18 01:53 PM
    The change of status from H4 to H1 is usually effective from OCT the H4 visa is no longer valid..


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  • lola
    08-21 06:27 PM

    Can you please update on what your lawyer advised to do? I had a misdemeanor (non traffic) charge in 01, that was dismissed as Nolle Prosequi (lack of evidence). I totally forgot about the incident and filed for 485 (self mailed on 6/30) Jul 2nd with out choosing YES. I got the disposition charges from the county court today and I need to update my case before I have further issues. I was NOT finger printed. NO Fines, NO community service, NO Probation and a normal criminal history record check at the county shows NONE. I never had issues with H1B stamping and traveling in and out of US. My labor is not substituted. My 140 is already approved

    Can you please send me a PM with what forms your law firm is filing with USCIS? Are they planning to file a motion to reconsider by any chance? (or) Are you just filling another 485 form as an amendment? I don't have my receipts yet. If you can share your law firm info as well in a PM, it would be great.


    How to send USCIS the document with out RFE? I heard that documentation sent without RFE's do not get the proper treatment. I am not saying that I will not send one in my case, but I would like to know the correct way to send documentation so that I can send the disposition as soon as I get receipts. I am also looking for an attorney and will not be doing this myself. I am just getting info as much as I can here. I am also filing for expungement as soon as I talk with an Immi attorney.

    If I hire a different attorney than the company attorney, What kind of documentation would he/she require from my company? My company did not provide me with a copy of labor cert. I have a copy of approved 140. I am assuming I can get a copy of my labor cert through FOIA. Can some confirm that?

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  • kalparikh
    11-16 08:23 AM

    1. The Consulting company and client has an agreement; that they can not hire a person for 6- 12 months. (agreement is different from company to company).
    2. Some times you have signed and BOND with consulting company; that you will not join the client for 2 years after you resign from the comapany.
    3. You are try to spoil the relation. I urge you to tell the consulting comapny before you leave and join the client.

    They can not revoke 140 so there is no harm to your 485. be careful of counting 485 filing date.

    god bless.


    I am currently working through a Consulting company at a client location.
    Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.

    I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!

    I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.

    I appreciate your time and good luck to all to get the GC as soon as possible.



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  • sledge_hammer
    06-29 10:34 AM
    I thought of adding that in the poll as I am in a similar situation. The only difference for me is that the attorney is a very big law firm and are EXTREMELY busy. My compnay is not able to do anything either since their involvement in I-485 is negligible.

    I am in a bit of a pickle here :(

    How about adding "No control as Lawyer will not inform when he will file".
    This option may be valid for many users using the Corporate attorney.

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  • vin13
    09-30 03:24 PM
    i called today and asked USCIS...they dont have information about it.


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  • martinvisalaw
    04-02 01:18 PM
    As other posters have said, your wife should file her H-4 extension ASAP, requesting a backdated (nunc pro tunc) approval. I have done a number of similar cases and had them approved, but this is no guarantee that your wife's would be approved. She does need to explain the delay in filing, and be prepared to leave the US if there is no decision on her extension by about mid-July.

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  • fearonlygod
    11-14 10:12 AM
    thanks for the response long is the response time for such cases....


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  • nyguy25
    05-01 08:35 PM
    Can anyone confirm that only Driver License is required for this cruise? NCL told me so, but I�d like to hear from someone who already sailed. Also, do you have to go through Customs or Immigration upon returning? Any help would be greatly appreciated. Thanks!

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  • ashshah
    01-18 01:28 PM
    its true that a lot of LCs were denied in 2001/2002. However I dont know of any case where AOS was denied. Do you know of one personally? Or can you post a link to that effect?

    If this is a just a theory, then check your facts first, before you claim "the possibility is real".

    I agree with you. Lot of times people just assume things and make it real. While one may face issue at Labor/I-140 stage because of recession but it should not be that bad. Also the US government is working on stimulus package to avoid recession. So who knows we may not see a big recession after all.

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  • gcdreamer05
    08-04 10:49 AM
    How about some green dots guys for sharing such a inspirational story...

    Good Story will really be given a green, here you go green from me !!!!

    08-18 01:35 PM
    Hi Everyone,

    Have a question

    My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.

    1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?

    2)After coming back, will her H1 have any issues ?

    What would be the best thing to do .. I am really worried about this status issues.

    Can any one of you pls let me know how to face this .

    08-06 06:32 PM
    I send PM to pappu and he replied me immediately. He is a great guy..

    I will try to contact IV lawyer. But I have send this query to my employer also and they will try to get help from some lawyer..

    I will update here once I get answer..

    Thanks for all the help

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