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  • rolrblade
    02-21 09:04 AM
    Here is the problem with your case, in my view.

    You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

    In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

    If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

    Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

    As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

    If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

    PM me if you need more help.





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  • maximus777
    04-29 08:22 PM
    Health care in India rocks! :cool:
    Learn America - we dont need insurance nor do we need to foot outrageous hospital bills:D





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  • hopefulgc
    08-19 12:45 AM
    Your concern seems valid.
    gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
    I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.


    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





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  • Beemar
    12-13 01:22 AM
    Without you we would have never known this breaking news.

    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram



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  • xstal
    01-21 01:24 AM
    I know this is a little late, but based on the ridiculous snail speed of the VB, this is the first time I scrutinized my I-485 receipt and the USCIS online case check.


    I, like a lot of others, got my I-140 approved, and then slipped in my I-485 application during the July VB fiasco of 2007.

    I have a PDF of the FedEx delivery receipt/signature that it was delivered to the USCIS on July 28th, 2007, a Saturday

    On my Receipt, it says the "Received Date" is July 30th, the Monday. I am not going to dispute that 2 days, especially since it was a Saturday.

    BUT when I go online to check my case status through the USCIS website, it says

    On September 5, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.

    Do i need to be concern?

    I maybe being silly here, but I'd appreciate anyone that can answer my question. I mean, their computer is saying they got my package on September 5th! This doesn't even make sense, cos the July VB fiasco window was over by Aug 15th back in 2007!

    Also, just so I know, anyone got their July VB packaged delivered on a Saturday but got a receipt date for the Monday after? (I'll feel a little better if I know I am not cheated here)

    Now, i can get back to being grumpy about the VB retrogression/non-movement saga of 2009.

    thank you everyone!





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  • sdudeja
    01-29 08:31 PM
    I checked online for my daughter's 485 and it shows approved and document(possibly GC):eek: mailed on 12 Jan. But my status shows RFE stage. Another interesting thing is my daughter got fingerprinting for Jan 15. She has already done fingerprinting with us in Dec 07. Even if it was to be approved for my daughter how it can happen that she goes for FP on 15 Jan and they mailed document. I dont know what is going on. Any suggestions?



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  • Macaca
    04-27 01:27 PM
    MIT Dean Says She Lied on R?sum?, Quits (http://www.washingtonpost.com/wp-dyn/content/article/2007/04/26/AR2007042602333.html), Associated Press, Friday, April 27, 2007

    Marilee Jones, a prominent crusader against the pressure on students to build their r?sum?s for elite colleges, resigned yesterday as dean of admissions at the Massachusetts Institute of Technology after acknowledging she had misrepresented her academic credentials.

    Jones has been a popular speaker on the college-admissions circuit, urging parents not to press their kids too hard, and has told students there are more important things than getting into the most prestigious colleges. She rewrote MIT's application to get students to reveal more about their personalities and passions and to de-emphasize lists of their accomplishments.

    But Jones, dean since 1997, issued a statement saying she had misrepresented her credentials when she came to work at MIT 28 years ago and "did not have the courage to correct my r?sum? when I applied for my current job or at any time since."

    MIT Chancellor Phillip L. Clay said in a telephone interview that another MIT dean had received a phone call questioning Jones's credentials, prompting an inquiry that took several days. It found that Jones had claimed to have degrees from Union College, Rensselaer Polytechnic Institute and Albany Medical College, but she had no degrees from any of those schools.

    Jones had become one of the most public voices urging parents, students and especially colleges themselves to "lower the flame" surrounding college admissions.

    Last year, she co-authored a book on the subject, "Less Stress, More Success: A New Approach to Guiding Your Teen Through College Admissions and Beyond."

    "We're raising a generation of kids trained to please adults," Jones told the Associated Press in an interview last year. "Every day, kids should have time when they're doing something where they're not being judged. That's the big difference with this generation. They're being judged and graded and analyzed and assessed at every turn. It's too much pressure for them."





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  • desitechie
    07-17 01:49 PM
    Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?

    here's the list of docs I have from earlier post:
    (http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
    - All copies of AP
    - EAD
    - Passport, of course
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    anything else?

    Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?

    thanks.

    I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.



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  • Rajwaitingon140
    10-02 05:20 PM
    MYGCBY

    Which Center did you filed your case?

    Thank you
    RajWaitinon140

    Hi all,

    I just got the below update from the USCIS website regarding my case.
    Has anybody received this?.. What is the possible Evidence that they may be looking for?. Who receives such notice (Me or My lawyer)... Normally what response time would be given?... Please advise...



    Current Status: We mailed you a notice requesting additional evidence.

    we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.





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  • Mmak
    07-13 04:56 PM
    done



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  • ramana_akp
    12-17 06:33 PM
    PD FEB 2003 EB3
    Service Center: NSC
    Application-type: I-140 Approved in May 2007
    Application1-485 Sent: June 27, 2007
    USCIS Receipt Date: July 3, 2007
    GOT FP,EAD's and AP's in Sep 2007
    USCIS Notice Date: NOV 28, 2007 We mailed you a decision
    USCIS Notice Date: Dec11 Mail returned undelivarable.





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  • pbojja
    06-25 02:14 PM
    I was in the same situation and visited canada and requested new I94 and got it , I m on H1B and this is in March 2008
    AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

    AVR is used, when travel is less than 30 days, Visa is invalid and I94 is valid.

    As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

    Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


    You have valid Visa.

    #1. You go to India and when you come back, you get new I94.

    #2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

    #3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?



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  • Templarian
    08-20 12:27 PM
    So who's making the Ya' RLY smilie? I tried, but that one is really hard to make small.

    :orly: and :yarly: easier to remember.





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  • alkg
    08-06 08:35 PM
    1% to 5% cases are listed in .

    Aug 6, 2008 @ 6:30PM EST:

    For EB2 chargeability India: So far in Aug we have 36 GC approvals listed in .

    TSC 34( cases) - 680(based on 5%) to 3400(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    Aug 5, 2008 @ 5:00PM EST:

    For EB2 chargeability India: So far in Aug we have 25 GC approvals listed in .

    TSC 23( cases) - 460(based on 5%) to 2300(based on 1%)
    NSC 02( cases) - 040(based on 5%) to 0200(based on 1%)

    What is does 1% to 5% means ?



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  • darslee
    07-11 01:35 AM
    and not lose focus ;)





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  • RamK
    09-24 01:10 PM
    Hi,

    I have received an EAD (I-140 Approved) for future employment through a company that I never worked for. Can I use AC21 to port the GC process to the current employer? Does the current employer need to file a new LC/140?

    Please let me know. Thanks for your help.



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  • veni001
    02-04 08:52 PM
    One word worth millions, so you are more than welcome to say what ever you want to!
    But, when we say something is wrong we should know what is right in the first place, we are more than happy to accept the truth, if you can share with us.
    Like it or not reality is tough to digest almost all the time. Let's hope our brothers and sisters will not fall prey to the evil employer(s):(

    God bless you all.





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  • quizzer
    09-28 12:33 AM
    EB2 or EB3?





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  • smuggymba
    05-11 03:30 PM
    If we don't stop this EB1C fraud completely by the MNCs for their so called managers, our EB3s will be the big loosers who are legally waiting for years and years having a very better qualifications and an experiances than any of the so called managers. This helps EB2 I & C to be current. Yes it will because every year we could expect about 25k spill over from EB1 itself. That helps for EB3s porting/spilling.

    .

    I just send hard copy letters again this week. Costs nothing, great impact.

    This is NUMBER 1 ACTION ITEM for EB3 friends.





    desi3933
    02-18 10:03 AM
    Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?

    >> Does it come under new H1b quota?
    No.

    >> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
    No.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





    micofrost
    09-05 10:48 PM
    Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Thanks
    1. You need to file Change Of Status, I-539.
    2. She can go back to H1 any time. It won't be counted against the new quota. Her H4 period won't be counted against her H1 period.
    3. It doesnt have to be stampled unless she goes out of the country. Otherwise, during applying H1 for second time, she need to show her H4 status(I797 with H4), which she will get once her I539 is approved.



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