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  • leo2606
    07-31 07:19 PM
    What happens if we type incorrect A# on spouse application, are they going to send RFE or case will be denied?

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  • file485
    05-24 06:17 PM

    I have a labor approved in Civil/Contruction job skills with PD Oct 2003 and my date is current now. However I am currently on a IT company H1-to be specific 'Business Analyst'.

    will there be a problem being now on a IT company H1 and filing for 485 with the Civil/Contruction approved labor..?


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  • rajuram
    05-27 10:33 AM
    What is non immigrant visa number (page 2 of 485 form)?

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  • mohican
    01-15 09:31 AM
    Hi RajuSeattle--

    You nailed it man. As i said in my post yesterday what you described so well is exactly what happened and so my explanation of just 140 substitution was not accurate.

    Please note the response I got from the attorney of my previous employer (the one who revoked)

    This is exactly what I previously explained and what XX verified for you. The I-140 was revoked/withdrawn and the labor certification was substituted. If only the I-140 had been revoked/withdrawn then you would still be portable. However, as XX confirmed, the company used the case to substitute another employee.

    Clearly the ex-employer and USCIS are at fault. I have the approved I140 and to date on my uscis portfolio it states that my I140 was approved in Feb 2005. I changed jobs in June 2006.

    I am so &^^%$#@ tired, that if this does not work....I am going back. Enough is enough.

    Originally Posted by rajuseattle View Post

    From your I-485 denial notice and reading some of your posts in this forum it appears that the underlying I-140 petition has been revoked by your previous employer.

    I dont think they substitute it for some other employee, their is no such concept as using the approved I-140 of a individual employee to use it for another employee.

    Theis is the possibility that they revoked your I-140 and used the underlying approved Labor certification for another employee, or if they have any grudge
    or for some other reason revoked your approved I-140.

    If you were holding an approved I-140 and changed your job after 180 days of filing your I-485, then you have good chances of winning MTR.

    Please consult attorney Murthy or Rajeev Khanna. I heard they are good at handling these type of situations.

    Make sure you have the valid job in a similar profession as what your labor states and your are in legal status (H1B) with the current employer.

    Technically you can not use EAD until they restore your I-485 petition.

    Wish you good luck and hope you will have a successful outcome.
    Edit/Delete Message


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  • gcseeker101
    04-01 06:19 PM
    I don't want to be a spoilsport.

    But there is a possibility that EB2I has not yet retrogressed (inspite of heavy porting) because USCIS knows EB1C 12000 will flow to EB2 right. In that case we may not see movement of dates in par with 12000 spillover.

    Maybe I am pessimistic.

    In all calculations, it is mentioned that porting at max could be 6k/year. How did we come up with this number? Any proof or just a guess?


    This is a very simple calculation. Following are the numbers before Oct -2006. These total to ~ 12K.

    EB2-C - 3521
    EB2-I - 9345

    The dates will move further if more than 12K numbers are infused into the system. I would say that the dates should be in Oct - Nov 2006 range with these 12K numbers, having Nov as buffer as they may issue RFE's to folks.

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  • SunnySurya
    11-04 09:49 AM
    Admin: If you like you may please close this thread.
    Final update on this issue.

    Here is what I have been told. Please feel free to check with AILA or your lawyer. They may have more info.

    In general, if an employer applies for a permanent labor certification for an individual with the Department of Labor (DOL), while DOL has already certified one or more positions with same or different employer for the same individual , it will be subjected to more scrutiny to prevent any fraud.

    Thank You and Good Bye!
    Happy Porting !


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  • ronhira
    09-29 11:43 AM
    looks like uscis figured out that we r accessing the backlog data that they did not yet publish...... they pulled down the pdf document

    this link is not working now.

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  • arnab221
    08-20 02:38 PM
    Metro PCS offers the same service on a cell phone .
    Unlimited local and long distance + unlimited international + month to month service .

    The problem is with coverage , some people living in remote midwest areas might not get coverage .

    Does anybody use the unlimited international plans . Can you please give some feedback ?


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  • p_aluri
    06-25 08:07 PM
    I need some help from you guys..

    What would be the answer for :

    Were you inspected by Immigration officer under part # 3 on I-485 application?

    I really appreciate your input..


    My spouse and I live in different cities - each will file their I-485/EAD/AP. She as dependent.

    What should the spouse write for her address? Her current address, or mine?

    Please advise.



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  • gc0402
    06-22 10:16 PM

    I'm on H1B and eligible to file I-485 (PD Apr'04 , I-140 approved) and my son was living with us (me and my wife). He joined undergraduate course in Canada in Sep'2006. He visits us frequently and he is 19 + years old and got Canadian PR. I asked my attorney whether I should file I-824 form to transfer his case to Montreal, Canada? But attorney suggested to file for AOS since he will age out once retrogression starts again. All three of us have I-94 dated Jul'06 when we came from India and does not require to get new I-94 since he visits us frequently driving through Buffalo,NY. Now my question is related to form g-325a:\
    1. What should he write in applicant's residence in last five years? Should he indicate that he is not living in US or living with us?
    2. What should he write in applicant's employment history? Should he write school/college name?

    Thanks in advance.



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  • snathan
    09-23 05:06 PM
    If these are pending 485 applications at USCIS, Number of pending applications with PD later than JUL 2007 should be zero.

    If these are labor filings, they probably dont include dependents.

    What if its RD and not PD...?

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  • FinalGC
    01-10 11:12 AM
    Please unite to help the Green card Immigration issues be resolved. I am planning to send 3 letters from my house...One for me, my wife and my son.....writing directly to the President.

    Lets flood the white house with letters, so that they will know how many GC applications are stuck at the USCIS and do something about it.


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  • Apple_fruit
    09-24 11:09 AM
    what was your I-485 notice date?

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  • sledge_hammer
    11-24 10:05 AM
    "punjabi77" is losing $20,000 if he puts his house on sale. He wants to avoid a loss of a mere 20Gs and take on the consequences of a foreclosure!

    And your advice to him is to buy a better car (which is going to set him back another 15Gs at least), and get more credit cards?

    Did you even go to college? You claim to be higly skilled and educated, I really doubt it!

    Do things in this order -

    1. Find a job first.
    2. Secure a good apartment at new job's location.
    3. If you need a better car buy one right now.
    4. Get some credit cards.
    5. Let your home go to foreclosure.

    It is a financial decision. Every once in a while, most of us go to different stores and ask them to match the price for the item that we had purchased earlier. If they do not match the price then we return that item. Don't we? Do not get sentimental. Just walk off! Your credit history would get screwed but if you plan it the way I said above, you will be fine. Good luck.

    And it won't affect your GC.


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    05-23 08:09 AM
    I Got Positive Skin Test. What Should I Do Now? Please Inform Me.


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  • gvenkat
    01-24 08:27 PM
    all this is because of the stupid indian government.. they dont have treaties with any other country in the world... that is called visa reciprocation.

    All tom, dick and harry to enter india needs a visa and hence all countries dont have that treaty...

    the 2 countries tat dont need visas are St.Kitts and Nevis and jamaica....LOL


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  • arunmohan
    01-06 01:51 AM
    I agree with Saralayar and dontcareanymore has point. I think we should ask the conditional green card first for people who are in this country last 10 years and/or are waiting for GC more than 5 years. I don't see any issue for giving conditional green card. At least we will not have to worry for AC21, we could freely change the job, and we could buy a house. USCIS can give permanent green card once the visa number is available. I agree with dontcareanymore that the clock for citizenship should start from the date of approval of I-140. Once we have conditional green card, we could be out from this uncertainty. I don't know how we could proceed for conditional green card. But we need come together and if it is required we could talk to attorney too.

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  • mchundi
    01-01 01:20 AM
    Any idea when the new proposals will be implemented if they become law :confused: Do we have to wait until Oct for these new proposals to take effect.

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  • eb3_nepa
    07-10 10:03 AM
    Everyone makes a mistake. That does not mean they would not have any after effects. They will.

    Congress have a bigger issue on their plate right now. That is Iraq. I am pretty sure Congress would take up this issue in near future. Make your voice heard to Congress. Then pray to God/Almighty.

    PRECISELY My point. First it is IRAQ, then it will be the Presidential Elections then something else. The Government has NO time to question the USCIS and NO real motivation either.

    08-22 02:17 PM
    please ignore the dots...the important thing is to make the lawmakers aware of the issue. As mirage mentions we should send a letter to the rep Logfren, (i have mailed the letters), we just want them to be aware that there is an issue, ROWs please send them too, you will also be impacted. Nothing against EB2's or the comments they have passed so far, we dont want to undermine your visas, the idea here is simply to make the lawmakers and DOS/USCIS aware of the problem.

    In a way DOS/USCIS have opened a pandoras box because EB3 as a whole will see slower approvals leading to a larger number of countries stuck in the process across a spectrum of countries. earlier it was mainly india, china and mexico. If visa allotment policy holds then you will see more countries getting retrogessed.

    Thanks for your replies guys. I don't care about the dots, but I do care about not disbanding IV or derailing its objectives. I haven't in any post questioned or asked people to stop supporting IV, so I am indignant about being charged that I am undermining IV efforts.

    05-18 03:57 PM
    Hi All-
    Any ideas where can I get the latest specs for the individual photos (I485 filing purpose). I searched the web but couldn't find a USCIS document. I heard they no longer accept the 75 degree looking face.

    Thanks in advance.


    05/17/2007: USCIS Terminates 05/18/2007 PPS for Labor Certification Substitution I-140 Petitions

    USCIS announced today that beginning on Friday, May 18, 2007, it will terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution. USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service and seeking labor certification substitution prior to July 16, 2007. The volume of such petitions filed requesting Premium Process Service is expected to exceed USCIS� capacity to provide the Premium Process Service according to the program guidelines. For the announcement, please click here.

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