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  • imconfused
    07-09 09:15 PM
    It's too late there's a big stick up your ass already how much farther can they really push it in.


    too good!! well said!!





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  • rameshk
    03-03 04:32 PM
    Who is the laywer? can share his contact information with us please?

    Thanks,

    Hi,

    I've been an infrequent visitor to this site in the past, but it has helped me substantially especially when I've been frustrated with the GC situation - I feel the need to share this, hoping that it might help others. I'm posting in this forum because this is the place people tend to ask questions of lawyers. I'll try to keep this simple so that its easy to understand.

    Me: EB2 PD March 2005 for first job. I-140 approved 2006. Promoted to different tile in 2007 Jan, second EB2 filed in March 2007.
    Wife: EB2 PD Feb 2007.

    During the 'fiasco' of 2007, because I did not have an approved PERM for my new job title, we filed for 485's and 140s through my wife with me as the dependent (Having an AP is worth it when traveling overseas, especially if you anticipate traveling for emergencies and don't have the luxury of checking in for an appointment with the consulate to get a visa renewal - also removes the stress of another interview). Neither of us applied for EADs because we were more secure on the H1 visas - your status is immediately screwed if you switch to EAD and your 485 is denied.

    In 2008, I received an RFE on my 2nd PERM application (which was addressed by my company - I have no clue what it was about). In 2009, I received an RFE on my 485 application through my wife, we replied to it through a very good lawyer.

    Last year, my original LC PD became current! However, our 485s were tied to my wife's application. After speaking to many lawyers, we understood that there were the following options:-

    1. Withdraw the earlier 485s, file completely new ones based on my PD (supposedly the safest from GC point of view, because it leaves no room for confusion. Downside is processing time, app getting lost, losing AP/EAD from earlier 485 etc)
    2. File another completely new set of parallel 485s, and leave it to UCSIS to figure out that they needed to pick one with the earlier PD (overkill and confusing as well. UCSIS now deals with 4 485 applications, and chances that they will get confused magnify. High processing time as well)
    3. Send a letter requesting that the 485 applications be reviewed based on my PD as opposed to my wife's. (Upside is that its potentially the fastest, is approved by the UCSIS, and you can track it by calling up. Downside is that they may simply don't respond because its not really a legal document that's being sent. Then you get stuck just running for Infopass, SR, Congressman etc)

    I have to say that choosing the right lawyer to handle your case is possibly the most important thing you can do. What some of us don't know is that while the earlier stages of the GC process are applications made by the company, the 485 application is an individual application, and you are legally allowed to do so through any lawyer you wish to. In our case, we chose the law firm we trusted, even though it was more expensive. They recommended option 3, and we went with it. That was 4 months ago.

    On Saturday (2/25) we received email saying that the card were in processing. This afternoon we got our cards in the mail - a nice surprise.

    Moral of the story:-

    1. Do your homework, get multiple opinions - no one will care about your GC app like you do.
    2. When you move and update the AR-11, make sure you update the address for pending cases as well - this will ensure they mail your GC to the correct place.
    3. Don't do anything illegal :)
    4. Hire the best lawyer you can if your case is not straightforward. Our lawyer was always willing to talk to us at a few hours notice, was very prompt, and was proactive in checking up on UCSIS updates, bulletins etc.

    Best wishes.





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  • rb_248
    08-14 03:34 PM
    Dogking,
    It took about 6 months. From what I understand, they pull your file from the BEC and cross check against your new PERM application. So if you have already got your 45 day letter, your case is already in the system and may be it will not take all that long.


    there is always risk. If the PERM is denied, the RIR will be denied as well, that is the procedure for conversion cases. You can re-file 6 months later.
    I just had my PERM filed. My job hasn't changed and I have 2 years left. My lawyer said it's worth to try. Now I have my finger crossed.

    rb_248, after you filed the conversion how long for you to got it approved?





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  • needhelp!
    11-07 11:26 AM
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  • ngopikrishnan
    06-07 10:13 PM
    Can anyone please comment on Massachusetts licensing requirements? and the validity period for someone who is working on EAD? Thanks!





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  • neverbefore
    10-02 01:12 AM
    I know IV members maybe uniformly divided between republicans and democrats. I find republicans views better too with the exception of their views on guns (war and other points).
    however my main complaint against republicans is that the hardcore amongst them (esp the talk radio) ..spread hate. (remember to the average american ...legals and illegals look alike !!! ..)
    and I agree nothing wrong in biden's remarks ..whereas Palin is a very wrong choice (not that I care much )

    I would not have chosen any different words. You've been reading my mind! :)



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  • gjoe
    01-03 04:38 PM
    I think USCIS process cases based on the I485 RD. The IO gets the file and he approves if everything is ok with the file and assigns a visa number if it is available, they generally don't care about the PD because they don't want to go back and review the same file. They are doing their best to complete work on a file in one go instead of putting it through multiple queues and re-visiting the case again and again. Bottomline they are working effeciently by using their manpower more productively instead of going back and forth on the 1 million I485 files.

    This is my take on the processing statergy used by USCIS. If everything was as mentioned in the manual they would have answered this question in an FAQ like they did for the July'07 receipting updates and FAQ's.

    I maybe wrong, but the trend suggests what I have mentioned.





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  • cox
    October 23rd, 2005, 06:10 PM
    I haven't heard from her recently, so I sent her a message this AM...



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  • helpfriends
    04-16 01:22 PM
    they entered on a green form and no, it is not attached to the L1A Petition approval. So, they can just leave and then get stamped coming back in?





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  • ravi_hyd
    10-26 06:41 PM
    I filed mine on July 27th. Still no EAD for me or my wife. :(
    Where did you sent your application?



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  • sunny1000
    02-02 09:33 AM
    Thanks MC thats a valid Point.

    There are 2 reasons that I thought of for not applying / renewing.

    1) I'm not planning on going anywhere after / atleast for a year.

    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.

    Appreciate your time.

    Regards
    Karthik

    If I were you, I would still renew the AP and keep it handy as your PD is still a couple of years away before becoming current. There will be no issues with a new AP pending as long as you have an approved AP in hand for the travel.





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  • vsoni
    05-12 08:15 AM
    Congratulation �KOSU

    I got mine yesterday evening.
    Thanks IV for their support during Green card painful journey.

    Priority date:- June 2002
    EB Category:- EB3
    Approved 140: September 2007

    Change the Job September 2007
    Change EB3 to EB2, Recapture old priority date June 2002

    New I140 approve FEB 2007 Premium processing.
    New Category EB2
    RD I485- May 2007
    FP July 2007
    NC: Not sure
    I 485 approved:- 05/09/2008



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  • zoozee
    07-07 10:48 PM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes





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  • sunderbans
    04-07 09:31 PM
    thanks for your reply.

    my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.



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  • mikemeyers
    11-20 05:19 PM
    Let say, I continue taking classes until i get for visa stamping, how would they know that I am taking classes other than the grades that were posted or transcript.

    If i don't take classes anymore, how wud they know I m not taking any classes?





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  • helpful_leo
    06-17 03:31 PM
    thnx



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  • prabhu07
    05-21 12:42 AM
    (a) I am currently in L1 and have a priority date of May 2004 and I am in EB3 category

    (b) I have an approved I-140

    (c) My 485 has not been filed yet

    (d) I just got my H1 approved and it would be effective from Oct 1 2008

    So, if I change my current job from Employer A to Employer B and if Employer B agrees to take over my Green Card Process,

    1) Should I re-file my I-140? (I presume the answer is Yes, but don't want to be a smart a**, wanted to get it clarified to the maximum extent possible)

    2) Will my current Priority Date be carried over? That is, can I re-file my I-140 with my new Employer B with the same priority date of May 2004?

    3) If I can move from Employer A to Employer B and file my new I-140, should this be done asap and before Employer A revokes my current approved I-140?

    4) How much time does it take when I file I-140 with premium processing? (I can probably find this from USCIS website, but wanted to know real-time experiences)

    5) Within how many days of joining my new Employer B should I file my new I-140?

    6) I understand that the Employer A can revoke my I-140 and use my approved labor for any other viable applicant, but I also know that the Labor Substitution concept ceased to exist from July 2007. What is the benefit for my Employer A to revoke the I-140?

    7) Last, but not the least - Should I file for a new labor where I will get a new Priority date and go back to that (god forsaken) square 1?

    Thanks in advance for your time and I am finding it difficult to assimilate the answers from various posts.





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  • mariano
    07-29 03:54 AM
    Hi!

    My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!

    Hi!

    My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!





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  • koti
    10-28 01:52 AM
    - 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.





    bestin
    03-24 09:31 AM
    but does your I-140 need to be approved before you can use your EAD?

    NO.U can start using it.But if 140 is denied you cannot renew it.


    More importantly (as in my case), can I use my AP to travel if both my I-140 and I-485 are still pending?

    Thanks..

    Yes you can travel on AP.





    rkm
    08-16 10:00 AM
    Why dont you put a counter in the excel sheet based on the pending cases, will know how many people are in line to get approval.
    I observed this repeatedly, a gmail user "prakashnetmkt" has been deleting all data repeatedly and I believe intentionally. I have reverted back to the old revision again.

    I have modified some permissions, so now you do have to login to be able to edit. Still it is easy to mess up the data if you want t

    Link below:

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest



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