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  • IAspire
    02-21 10:17 PM
    Thanks a lot for the links snathan. Is it possible to return to India at any stage of GreenCard processing and then come back to India once the EAD is approved.





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  • adusumilli
    12-06 09:32 AM
    I am in the same boat and my case was filed on apr 3 and mine is eb3 nebraska.
    even my employer opened a service request.





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  • techskill
    08-14 05:05 PM
    Hi all:

    I am a July 2nd filer and I was not married at the time of my green card application. My green card was files under EB2 and my priority date is March 06. I got married in November 07 and got my wife to the US under H4. When the dates became current for March 06, we sent my wife's 485 app in on the 2nd to USCIS. We got a rejection notice this Tuesday (12th) with a notice date of the 4th saying that her "priority date could not be established". My lawyer received the package back today and said that she thinks it was wrongfully rejected and everything was o.k. We were going to resend the application today.

    However, I just got an approval email for my I-485 and the online status has been changed to approved too.

    What are my options here? Will USCIS accept the application if we sent it in? Does this mean she is out of status?

    We are really worried. Has anyone been in this situation? What is the best way to resolve this?

    I can honestly say that I never thought I would look at my 485 approval and get depressed.

    Thanks.


    Dont worry. Everything will be fine as it is not your mistake. Send a letter directly to IO bypassing the mailroom explaining in detail with your notices.





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  • vikramy
    10-20 04:46 PM
    My AP renewal recently got approved. It was never in this status.

    May be finger prints or some mistake. I know for AP you don't FP



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  • bbct
    04-16 09:59 AM
    FYI, the response from my attorney firm -

    Question -
    1) Can we request for an extension of time - if in case the time allocated to respond is 30 days or less?

    Response -
    1) A request can not be made for an extension on any RFE response times.





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  • Pagal
    06-02 09:49 AM
    Hello,

    Sorry to read that! Definitely file a lawsuit to ask not only for 30k, but also for financial hardship resulting from the outcome.

    Regarding reentry, there should not be any problem for your Mom as the bills were addressed to you (so her name should not be on defaulter list).

    There is insurance (Visitor Health Insurance, Pre-existing condition coverage, AIU (http://www..us) - which covers pre-existing conditions) and their rates are competitive. But I've never had to file a claim, so don't know if they would be different...



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  • rrkany
    10-20 08:58 AM
    On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.

    Thanks





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  • guyfromsg
    07-26 10:14 PM
    This is new to me. Can you please indicate the site address of this memo?
    Thanks

    It's lawyer Matthew Oh (www.immigration-law.com)'s interpretation of the revised visa bulletin.



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  • genscn
    07-30 01:39 PM
    Is it mention some where on USCIS website? I live in GA but since I-140 was filed at Nebraska center, My attorney sent my I-1485 at Nebraska too.

    Yes





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  • shantanup
    06-25 09:43 AM
    On a lighter note, you may not even want to prove your legal status. After CIR you'll be in a better position to get adjusted, faster and easier!



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  • eb3retro
    01-07 05:46 PM
    thanks a lot folks. that was great info. thanks to everyone who responded. still did not make up my mind if i have to go ahead with claiming UB.





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  • punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.


    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.



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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan





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  • snathan
    02-23 06:53 PM
    I successfully ported from EB3 to EB2 in the same company while on EAD

    Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

    The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

    I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....


    Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

    Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....

    Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.



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  • sankap
    07-20 03:25 PM
    Thanks!





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  • theshiningsun
    09-28 11:19 AM
    Yes. You can file another FOIA to get the I-140 approval notice.

    You want to specify that you're looking for a copy of I-797 of the I-140 approval for receipt number LINXXXXXXXXXX. That should get you the approval notice.

    A friend filed the FOIA with this verbiage and it worked for him. Of-course, he had to reference his Alien number etc... in the G-639 form.

    I hope this helps.

    it did not work for me.

    i filed an foia request and got I-140 petition with approval on it but not approval notice. so i filed 2nd foia request asking specifically for I-797 of I-140. but i got a letter saying that the file does not hv an approval notice, so they sent me the I-140 petition once again.



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  • tn1
    12-02 09:12 AM
    Knoxville TN





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  • mkumar
    03-31 06:21 PM
    To second what SITM said in this post, my case (interfiling from EB2 NIW to EB1 EA) was approved on March 30, 2009. My I-485 was submitted in Aug 07 thanks to the July 07 melee. In my case, I had my lawyer do the interfiling for an additional fee. So, I am not sure how the interfiling request looked like. But, I did follow with NSC on my I-485 s after the request on a regular basis and I believe that it helped! AFAIK, it looks like interfiling is not completely hopeless.

    For those of you waiting on your pending I485 following a successful EB2->EB1 upgrade, it took me a little over a month after my I140(EB1) was approved late Jan, and only 3 weeks after the upgrade request was mailed to USCIS (relevant timeline is in my signature below). I received the "Welcome to USA" notice (for me and my wife) yesterday in my mailbox. Also, there was no prior LUD change or email notification (maybe they want to hit us with the good news, after causing so much heartburn). We had one (medical) RFE last year, because we skipped medicals while rushing our I485 petition to beat July 2 ('07) deadline.

    A big THANK YOU shoutout to IV leaders who do the heavy lifting day-in and day-out for others like us, and hearty wishes to those of you waiting for a looooong time to get through this stage (this is my 9th year in US, but I sort of lazed around on my H1 until the fag end, when my friends forced me to shake a butt and initiate my "GC journey" early '06).

    [ps. while I hesitate to say it here, I am committing $200 to IV just so others, who like me have benefited from IV's actions (both directly, such as "July-2 reversal", "2-yr EAD", "quick answers to urgent questions" etc, as well as in other intangible ways), make a similar gesture of appreciation after getting their GC]

    Cheerio,
    Stuck(no longer)InTheMuck





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  • rajsand
    09-20 01:38 PM
    Hey Jaime you seem to be all charged up!!
    Great energy, will inspire many!!
    Hope we have one more rally soon!





    GCeffect
    02-09 01:39 PM
    Both the H1b have the same president's name and address during the application. is that enough. As I left that company and have no good terms with the last company anymore I don't know what kind of proof I can get. Also during the H1b application for Company A I receive some paper from the compnay that mentioned that the payroll of Company B is processed by Company A. All my W2's are from company A even i was working for company B.

    Please advice



    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.





    rockstart
    06-15 03:42 PM
    In your case you need to get a rectified copy of the BC from the same municipal corporation that issued you the original certificate. That way all your documents bear a consistent name and other information.



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