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  • franklin
    06-22 08:35 PM
    Seriously - give the amount of time and money each one of us spends to get a greencard, are you really that concerned with the difference of a few dollars on some photos?





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  • thomachan72
    05-12 01:24 PM
    The above statement is incorrect. You will have to re-file the LC in addition to the I-140 for a port. There is some more info on Eb3 to Eb2 here: Upgrading from EB3 to EB2 (http://www.imminfo.com/Library/green_cards/EB/upgrading_eb3_eb2.html)
    Oops sorry about that. Thanks for correcting. These things are extremely complicated.:confused:





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  • .soulty
    03-30 04:00 PM
    when is this thing going in completed battles? Just wondering...Poll closed and moved to completed battles..

    congrats everyone, nice work. ;)





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  • starving_dog
    06-08 03:01 PM
    Capitalism is the first American value.:D



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  • MrWaitingGC
    05-22 04:58 PM
    What will happen in this case.





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  • gc_kaavaali
    12-10 06:57 PM
    in my view software engineer and business analyst are NOT similar. One deals with generating lines of code and the other is taking requirements...in my view both are different...talk to your attorney...it is just my view only...and u know i am neither expert nor an attorney...



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  • njboy
    09-10 10:20 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.





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  • mantagon
    09-23 02:12 PM
    to convince them by saying that if a person can legally work in the US, a fact they acknowledge, the person can very well study! I don't think there would be any law that explicitly states this because it seems to be illogical that someone can work legally in a country, but not study! The reverse makes sense and that's why there are explicit laws about that. Good luck!



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  • TwinkleM
    06-24 12:14 AM
    My H1 filed & approved thorugh company A from October 2004.

    H1 then transferred to company B & approved from Nov 2005.

    My GC process (EB3 Category) started & labor filed through company C for future job in Feb 2006. Labor approved & I-140 filed in June 2006. RFE received in April 2007 & documents received by INS in May 2007. SINCE THEN I-140 is pending... I-485 & EAD filed in July fiasco. EAD approved and renewed once. Valid until september 2010.

    My H1 extension through company B denied in Jan 2009 (H1 expired in september 2008). MTR filed in Feb 2009, still pending. This made my EAD active as I have continued working for company B.

    Another H1 filed through company C (GC sponsoring company) in April 2009 and RFE notice dated 23rd June, 2009 yet to be received.

    In the process of filing 2nd labor through Comapny C ( same company), but this time under EB2 category.

    At this point, my questions are:

    1) Since my new H1 is through my GC sponsoring company, will RFE for H1 impact old GC process & new GC process?

    2) Is my old pending I-140 eligible for premium processing since it is stuck for almost 3 years now? If yes, is it worth doing it?

    The reason I want to get my old I-140 to be approved so that I can retain my old priority date.

    Experts please share some knwoledge and suggest the steps best for my situation....Am really stressed out...

    Thank You in advance...





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  • yagw
    03-07 12:44 PM
    With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

    I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

    The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

    Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

    For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

    Thank you.

    From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)

    DISCLAIMER: I am not an Attorney and this is not a legal advice



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  • green_card
    07-20 01:58 PM
    stop the guessing game. give some concrete info if you know it or let someone else that knows answer.
    what you believe doesnt amount to a hill of beans. no offense.


    I do not believe they really have time to sort out by priority date if sep'30 is the date they need to get 40K approvals through.





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  • texcan
    12-19 04:32 PM
    My h1 got approved in june 2008. I did travel to China in September & entered back on Sep 10 using H4. Is it possible that my entry changed my latest status to H4?

    Thanks,
    LG.

    Come on...you entered using h4, this is the last status INS has for you.

    People with mulitple visas have to choose a status when they enter back in USA.
    where have you been sleeping.

    its ok, no biggie....

    One solution i will do in this case is, if you have a h1 visa stampled...then go out of country and come back on h1 status. Make sure you claim the days you were on h4 to be not counted against h1 days.

    If you donot have a h1 visa already, then talk to lawyer get all paper work and go to canada/mexico get a visa and come back on right status.



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  • cooler
    12-16 10:01 AM
    This must be a "NJ" thing. I had mine renewed a few months back and all I showed was the 2 year EAD. No questions were asked.

    I would suggest taking the I-485 receipt and the printout of the case from USCIS website showing the application as pending. If need be, talk to the supervisor to get this sorted out.





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  • lvinaykumar
    04-18 04:13 PM
    I got married after applying for I-485, and did not apply EAD, I am hopeing if i get my PD current i will send the new application and use the EAD option...until that i have to stay on H1 ;)


    Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?



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  • unitednations
    05-19 03:24 PM
    background checks can mean all sorts of things

    1) someone has similar name to you who may have applied for immigration benefit in the past (they think you may be that person and they have to manually rule it out; this involves finding files, examining them, etc.)

    2) even though 140 is approved they could be going back and checking this. I personally know of one person who had eb3 approved, he had masters degree with priority date in 2002 and 485 pending. His case had been transferred to local office; he went for interview, they didn't know why he had been called for interview and just sent the case back to nebraska service center.

    he then decides to do eb2 labor/140. gets it approved, swaps priority date, etc. He then gets 485 rfe for paystubs/w2's, etc., and then oddly they ask him for a better copy of his masters diploma.

    He sends the rfe response. his case gets transferred again to local office. local office tells him that he is in background check and they are verifying the genuineness of his masters degree and have sent the information to consulate in India for investigation. This was two years ago and he has not received any result.

    Background check means all sorts of things...





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  • shreekhand
    08-03 03:51 PM
    Wow! one usually gets an RFE for these, never heard of a NOID for a TB test not taken. I would suggest take a TB test and if it is positive submit the X-ray as well. I guess you should get your approval soon after.

    TB test are mandatory now for medicals and these are pretty common RFE to get (again never saw an NOID tho!)



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  • manand24
    10-15 02:12 PM
    I don't think so,

    my wife and my self had 3 LUDs after FP on both of our 485.
    I called TSC, mine and my wife's application is pending secrutiy clearance.

    Yes, I know that I will not be getting the GC anytime soon, my PD is 2006 EB2 India.





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  • starving_dog
    06-05 07:42 AM
    Did anyone notice the change in the wording on I-485 adjustment of status? It used to say that it takes between 850 and 900 days to process this type of request. Now it just says that the will notify you when a decision has been made. This change was just made in the last week or two. Curious.





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  • sagar_nyc
    01-30 11:11 AM
    I am hearing lot of cases about H1 extension denial. My advise to people is that if you have option to work on EAD please do so. I think because of current economic condition extention is becoming difficult



    Hello Sac-r-ten,

    Thanx a lot for your compliment. I had been following this forum online since 2007 july fiasco & this forum had given me lot of knowledge & helped me out to make the right decission whenever I was underguided or misguided by lawyers (very unfortunate though that we spend a lot on fee to give such professional people). I will always try to do my best if my knowledge can help any person like me who falls as a pray in the hands of immigration people.

    Anyways, if you don't mind, can you pls. explain the reason on what basis did they deny your I-140 application. You did mention on education basis, but can you pls. elaborate the reason. I am really tensed about it at my I-140 is pending since more then 2.5 years now. I also received an RFE on it & havn't heard about it since then.

    Your input might help me. Thank you in advance





    meridiani.planum
    04-17 08:38 PM
    The word "transfer" is a misnomer. There is no such thing. The new company files a new H-1B petition to hire you, with the request that the new H-1B petition not be counted against the yearly cap. This new application doesn't affect your current H-1B status; in fact if you change your mind about the new offer, you are not even required to go work for the new employer.

    It is always good to wait till the new application is approved, and the approval notice has been received.

    just seconding what amsgc said. You need not even join the new employer even if H1 transfer is approved.

    I am living proof of that (having transferred my H1 just before the July VB came out last year; and then obviously did not join the new employer... filed my 485 with old one, and stuck around for 8 more months on H1... jumped recently using AC-21 and EAD)





    visli_com
    06-19 05:58 PM
    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????


    Is it possible to give these medical certificate(MMR/Varicella) from India?